A brief filed with the U.S. Supreme Court by Judicial Watch, which investigates and prosecutes government corruption, questions whether members of the "political branches of the government" can "evade the clear and precise language of a provision of the Constitution through the use of a legislative 'fix.'"
The dispute is over former Sen. Hillary Clinton's eligibility to be secretary of state.
The U.S. Constitution, Article I, section 6, clause 2, provides: "No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been [increased] during such time."
The case brought on behalf of a career government employee outlines how during Clinton's tenure in the U.S. Senate, the salary for the secretary of state was raised to $186,600, then to $191,300, and then again to $196,700.
The complaint challenges whether a resolution adopted by Congress as Clinton was preparing for the position that rolled back the compensation to the level of Jan. 1, 2007, could remove the obstacle to Clinton's appointment.
