[net.legal] Senatorial double-dippers & the Constitution

michael@ucbiris.BERKELEY.EDU (Tom Slone [(415)486-5954]) (02/07/86)

I have heard that it is unconstitutional for members of Congress to hold
military commissions.  What I saw in the Constitution was that they are not
allowed to hold other civil posts.  Does this extend to military posts?  Note
the following Senators:  Navy Lieutenant Gary Hart, Air Force General Barry
Goldwater, Marine Corps Lieutenant Colonel Pete Wilson, Army Captain Bob Dole,
Marine Corps Colonel John Glenn, Army General Stromm Thurmond, and Air Force
Colonel Jake Garn.  Seems to be at least a serious conflict of interest, as
many of these Senators are on military oversight committees.

ted@bcsaic.UUCP (ted jardine) (02/10/86)

In article <302@ucbjade.BERKELEY.EDU> Tom Slone writes:
>I have heard that it is unconstitutional for members of Congress to hold
>military commissions.  What I saw in the Constitution was that they are not
>allowed to hold other civil posts.  Does this extend to military posts?  Note
>the following Senators:  Navy Lieutenant Gary Hart, Air Force General Barry
>Goldwater, Marine Corps Lieutenant Colonel Pete Wilson, Army Captain Bob Dole,
>Marine Corps Colonel John Glenn, Army General Stromm Thurmond, and Air Force
>Colonel Jake Garn.  Seems to be at least a serious conflict of interest, as
>many of these Senators are on military oversight committees.

What you want to notice is that none of these people are on ACTIVE DUTY in the
military at the time they are performing the functions of their civilian post.
It is permissible for them to perform active duty with the military for
specified periods while on leave of absence from their civilian post.  This
permits keeping reserve status current as well as other special assignments.