Ineligibility Clause

The Ineligibility Clause (sometimes also called the Emoluments Clause,[1] or the Incompatibility Clause,[2] or the Sinecure Clause[3]) is a provision in Article 1, Section 6, Clause 2 of the United States Constitution[4] that makes each incumbent member of Congress ineligible to hold an office established by the federal government during their tenure in Congress;[5] it also bars officials in the federal government's executive and judicial branches from simultaneously serving in either the U.S. House or Senate. The purpose of the clause is twofold: first, to protect the separation of powers philosophy (upon which the federal frame of government is built); and second, to prevent Congress from conspiring to create offices or increase federal officials' salaries with the expectation that members of Congress would later be appointed to these posts.[6][7]

  1. ^ Lieberman, Jethro K. (1999). A Practical Companion to the Constitution. University of California Press. p. 243. ISBN 0-520-21280-0.
  2. ^ Popular Names of Sections and Clauses of the United States Constitution, from www.usconstitution.net, Accessed November 24, 2008.
  3. ^ "The Constitutional Source Project courtesy of Winston & Strawn". ConSource.org. Archived from the original on April 1, 2009. Retrieved December 27, 2017.
  4. ^ Schroeder, Christopher (December 31, 1996). Application of the Ineligibility Clause (PDF). US Department of Justice. ISBN 0-16-050772-3. Retrieved December 13, 2016. {{cite book}}: |website= ignored (help)
  5. ^ Calabresi, Steven G.; Wexler, Jay D. "Common Interpretation: Article I, Section 6". Interactive Constitution. National Constitution Center. Retrieved 31 May 2019.
  6. ^ "Ineligibility Clause Law and Legal Definition". uslegal.com. USLegal. Retrieved December 13, 2016.
  7. ^ Larsen, Joan L. "Essay on the Incompatibility Clause". The Heritage Foundation. Retrieved December 13, 2016.