Barack Obama, it has been reported, intends to announce Sen. Hillary
Clinton as his choice for secretary of state, an appointment America's
Founding Fathers forbade in the U.S. Constitution.

The constitutional quandary arises from a clause that forbids members
of the Senate from being appointed to civil office, such as the
secretary of state, if the "emoluments," or salary and benefits, of
the office were increased during the senator's term.

The second clause of Article 1, Section 6, of the Constitution reads,
"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; and no Person holding any
Office under the United States, shall be a Member of either House
during his Continuance in Office."

During Hillary Clinton's current term in the Senate, the salary for
Cabinet officers was increased from $186,600 to $191,300. Since the
salary is scheduled to again be raised in January 2009, not only
Hillary Clinton, but all sitting Senate members could be considered
constitutionally ineligible to serve in Obama's Cabinet.

http://worldnetdaily.com/index.php?fa=PAGE.view&pageId=82374
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