Is Secretary of State Clinton unconstitutional?

On questions of constitutional law, Professor Michael Stokes Paulsen has long since established himself as one of our foremost authorities, and perhaps the wittiest. Eugene Volokh has now posted Professor Paulsen’s thoughts on the esoteric constitutional question raised by the prospective appointment of Senator Clinton to serve as Secretary of State. Professor Paulsen writes:

Is Hillary Clinton Unconstitutional?” In a word, Yes — or, to be more precise, a Secretary of State Hillary Clinton would be unconstitutional.

What’s the problem? Surely you are familiar with the Emoluments Clause of the Constitution, aren’t you? If not, Professor Paulsen will take you on an entertaining tour of the interpretive issues raised by the application of the Emoluments Clause to Senator Clinton’s prospective appointment.

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