Hillary Clinton: Unconstitutional Sec State Nomination?
Nov 24 2008, 23:30 EST [updated Nov 24 2008, 23:35 EST]
The Volokh Conspiracy has the goods. There is a quaint law that says congressmen can't switch to an appointed office who's pay has increased during their term. The accepted workaround is to reduce the pay to what it was before that person's current term started. That workaround satisfies the spirit of the law - so congress can't vote itself into high paying positions - but not the letter of the law.

I say the law is "quaint" because the founders believed that congressmen would make most of their dough in salaries. As if! Congressmen collectively dish out $3 trillion dollars in cash a year and regulate much more than that. As a result congressmen are better at the stock market than every mutual fund. And hey, it's all legal! Let's not forget the perks - Michelle Obama's salary trippled to $300k/yr when her husband was elected to the Senate. This wasn't a news story because it was completely ordinary.

The average corporation has a profit margin of 5%; These are people that are trying very hard to turn a profit. Even if you believe congress is spending money perfectly it doesn't take a genius to suspect that more than 5% of that money is getting siphoned off in favors on the way in.

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