Reading Room Document

Statutory Language to Avodi Prohibition of Article I, Section 6, United States Constitution

The document is a memorandum discussing the statutory language needed to avoid the prohibition of Article I, Section 6 of the United States Constitution, which prevents members of Congress from being appointed to civil offices with increased emoluments during their term. The document presents three possible ways to accomplish this, with the conclusion that the first method is the least subject to attack constitutionally, while the third method is likely unconstitutional. The document also references a precedent from 1909 involving the appointment of a Secretary of State, which supports legislation similar to the first method described. The questions presented for review include the constitutionality of the proposed statutory language and the potential violation of the spirit of the constitutional provision.

November 24, 1969