The Emoluments Clause

Al Kamen in today’s “In the Loop”:

Even if the problems involving Bill Clinton’s finances can be resolved, there’s another potential issue for his wife’s nomination. It’s called the Constitution of the United States, specifically Article I, Section 6, also known as the emoluments clause. (“Emoluments” means things like salaries.)

It says that no member of Congress, during the term for which he was elected, shall be named to any office “the emoluments whereof shall have been increased during his term.” This applies, we’re advised, whether the member actually voted on the raises or not.

Kamen discusses Nixon’s “Saxbe Fix” (rolling back the pay of the position), but more interesting is the description by John Vile in his A Companion to the United States Constitution and Its Amendments (2006, Greenwood) of a different fix:

In 1908, President (and later, Chief Justice) William Howard Taft nominated Senator Philander C. Knox to be secretary of state. Congress had raised the salary for this position from $8,000 to $12,000 during Knox’s term of office. Taft persuaded Congress to roll the secretary’s salary back so that it could confirm Knox to the office.

Kamen points out that Democrats balked at the Saxbe Fix, and of course Taft was also a Republican.

On February 11, 1908, the New York Times described the Senate passage of the “Knox Fix”. The bill passed “viva voce vote”, “unanimously”, although it had been rumored that Western Republicans and several Democratic Senators would seek to block it. The Times noted that widespread opposition was expected in the House.

Probably not this time, though.