A State Department employee has filed a lawsuit today in federal court
against newly sworn-in Secretary of State Hillary Clinton claiming she
is constitutionally ineligible to serve.

Judicial Watch, a public interest group that investigates and
prosecutes government corruption, announced today that it is pursuing
the complaint in U.S. District Court in Washington, D.C, on behalf of
U.S. Foreign Service Officer and State Department employee David C.
Rodearmel.

Rodearmel, a resident of Virginia, maintains Clinton is
constitutionally ineligible to serve as secretary of state and that he
cannot serve under her because doing so would go against the oath he
took as a foreign service officer in 1991 to "support and defend" and
"bear true faith and allegiance" to the Constitution of the United
States.

"This is not a partisan, political or personal issue," Rodearmel said
in a statement. "I have faithfully served under six prior Secretaries
of State of both parties, and under eight Presidents since first
taking the oath to uphold the Constitution as a young Army officer
cadet. … As a commissioned State Department Foreign Service Officer, a
retired Army Reserve Judge Advocate Officer, and as a lawyer, I
consider it my Constitutional duty to bring this case to the courts."

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."

According to the lawsuit, the "emoluments" of the office of secretary
of state increased as many as three times since Clinton began her
second, six-year Senate term in January 2007. On Jan. 1, 2007, the
secretary of state's salary increased to $186,600. In 2008, it
increased to $191,300, and on Jan. 1, 2009, it increased again to
$196,700.

http://worldnetdaily.com/index.php?fa=PAGE.view&pageId=87451
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