Article I, Section 6, Clause 2

The Federalist and Federalist essays

• cited bySuggested
  Aristides, ¶ 21

  No member can be appointed to an office, created, or of which the profits 〈…〉 increaſed, during the time for which he was elected.

  The paragraph restates the first part of Article I, Section 6, Clause 2 (no member to be appointed to an office created, or whose profits were increased, during his term). Some words of the sentence are lost in the scan; the quoted words come before the gap.

• cited bySuggested
  Cassius 9, ¶ 4

  The 6th section further provides, that no senator or representative shall, during the time he is in office, be elected or appointed to any office under the United States — nor shall any person, holding any office under the government, be elected a member of either house during his continuance in that station.

  Cites "The 6th section" and paraphrases this clause on members holding other offices.

• cited bySuggested
  Citizen of New Haven 1, ¶ 9

  …which a member of congress may be best qualified to fill, from his knowledge of public affairs acquired by being a member, such as minister to foreign courts, &c., and on accepting any other office his seat in congress will be vacated, and no member is eligible to any office that shall have been instituted or the emoluments increased while he was a member.

  The paragraph describes both parts of the clause on members of Congress holding other offices.

• cited bySuggested
  An American Citizen, Number II, ¶ 3

  They can hold no other office civil or military under the United States, nor can they join in making proviſion for themſelves, either by creating new places, or encreaſing the emoluments of old ones.

  The paragraph says senators cannot hold another office or create new places or increase the emoluments of old ones, which describes Article I, Section 6, Clause 2.

• cited bySuggested
  An American Citizen, Number III, ¶ 3

  With us, no placeman can ſit among the repreſentatives of the people, and two years are the conſtitutional term of their exiſtence.

  The paragraph says no "placeman" can sit among the representatives, which is the bar on holding office under the United States while a member in Article I, Section 6, Clause 2.

• quoted bySuggested
  A Native of Virginia, Article I, ¶ 36

  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.

  The paragraph prints Article I, Section 6, Clause 2 of the Constitution as signed; the quoted words are the same as the clause's (apart from capitals and the long s), though the pamphlet's punctuation differs in places.

• cited bySuggested
  A Native of Virginia, Article I, ¶ 26

  Under the federal government this is impoſſible, becauſe the members of neither Houſe can hold any office of State.

  The paragraph says members of neither House can hold any office of state, which refers to the bar on holding office under the United States while a member in Article I, Section 6, Clause 2.

• cited bySuggested
  A Native of Virginia, Article I, ¶ 39

  …there is an admirable check upon the members of both Houſes; as nothing can tend in a greater degree, to preſcribe their independence of conduct, and prevent intriguing, than that no member ſhall be eligible to any office which has been created, or whoſe emoluments have been increaſed, ſince the time of his election, and during the time for which he has been elected.

  The paragraph restates the first part of Article I, Section 6, Clause 2: no member eligible to an office created, or whose emoluments were increased, during his time.

• cited bySuggested
  Federalist No. 52, ¶ 5

  …years; must have been seven years a citizen of the United States; must, at the time of his election, be an inhabitant of the State he is to represent; and, during the time of his service, must be in no office under the United States.

  States that a representative "must be in no office under the United States" during his service, echoing the words of the last part of this clause.

• cited bySuggested
  Federalist No. 55, ¶ 14

  The members of the Congress are rendered ineligible to any civil offices that may be created, or of which the emoluments may be increased, during the term of their election.

  Restates the first part of this clause, echoing its words "civil Office," "created," and "Emoluments ... encreased" during the term for which members were elected.

• quoted byReviewed
  Federalist No. 76, ¶ 11

  The Constitution has provided some important guards against the danger of executive influence upon the legislative body: it declares that “No senator or representative shall during the time FOR WHICH HE WAS ELECTED, be appointed to any civil office under 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.”

  The paragraph quotes this clause in quotation marks, introducing it with "it declares that."

Anti-Federalist essays

• cited bySuggested
  Federal Farmer 3, ¶ 5

  …the vote of the senate, except in giving judgment upon an impeachment, or in making treaties, or in expelling a member, when two-thirds of the senators present must agree — The members of the legislature are not excluded from being elected to any military offices, or any civil offices, except those created, or the emoluments of which shall be increased by themselves : two-thirds of the members present, of either house, may expel a member at pleasure.

  Describes the exclusion of members from civil offices "created, or the emoluments of which shall be increased by themselves," which only this clause provides.

Other writings

• quoted bySuggested
  Massachusetts convention, January 23, 1788, ¶ 25

  “No senator or representative shall, during the time for which he was elected, be appointed to any civil office, 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…

  The passage quotes the clause in quotation marks, leaving out "under the Authority of the United States".

• quoted bySuggested
  Pennsylvania convention, December 4, 1787, ¶ 35

  By this system there is a provision made in the Constitution, that no senator or representative shall 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 the time for which he was elected; and no person holding any office Under the United states can be a member of either house.

  The speaker states the provision in the clause's own words; he does not name it by number.

• quoted bySuggested
  Pennsylvania convention, December 4, 1787, ¶ 69

  …of their gift, he no longer has it in his power to sit in the House of Representatives; for “No representative shall, during the term 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 the following annihilates corruption of that kind: “And no person holding any office under the United States shall be a member of either house during his continuance in…

  The speaker quotes the clause in quotation marks, in two parts joined by "And the following".

• quoted bySuggested
  Virginia convention, June 11, 1788, ¶ 38

  The clause runs thus: “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.” This appears to me to be no restraint at all.

  The speaker says "The clause runs thus" and quotes its words on senators and representatives not being appointed to civil offices created or increased in emolument during their term, and on persons holding office not being members of either house.

• cited bySuggested
  Virginia convention, June 11, 1788, ¶ 39

  Only that they shall not be appointed to offices which shall have been created, or the emoluments whereof shall have been increased, during the time for which they shall have been elected.

  The speaker describes the restraint as to civil offices as that they "shall not be appointed to offices which shall have been created, or the emoluments whereof shall have been increased", words found in Article I, Section 6, second clause.

• quoted bySuggested
  Virginia convention, June 14, 1788, ¶ 18

  “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.” This is an idea strangely expressed.

  The speaker asks "What says the clause?" and quotes its words on senators and representatives not being appointed to civil offices created or increased in emolument during their term.

• quoted bySuggested
  Virginia convention, June 25, 1788, ¶ 56

  …terms of elections are short, and proportionate to the difficulty and magnitude of the objects which they are to act upon; and when, in addition to this, I find that no person holding any office under the United States shall be a member of either branch,—I say, when I review all these things, that I plainly see a security of the liberties of this country, to which we may safely trust.

  The speaker says "I find that no person holding any office under the United States shall be a member of either branch"; the words are not in quotation marks and end "branch" where the clause has "House".

• quoted bySuggested
  Virginia convention, June 4, 1788, ¶ 41

  The Constitution has wisely interposed another check, to wit:—that no person holding an office of trust or profit under the United States shall be a member of either house during his continuance in office.

  The speaker says the Constitution provides that no person holding an office "shall be a member of either house during his continuance in office"; the passage and Article I, Section 6, second clause share these words, though the speaker's words before them differ ("of trust or profit").

Debates in Congress

• quoted bySuggested
  House, August 18, 1789, ¶ 44

  amend to read thus, ‘*No person having been elected, and having taken his seat as a 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, and no person," &c.

  The proposal names "Sect. 6. clause 2." of Article I and reproduces its wording in the amended text.

The Supreme Court

Cases whose essays in the Constitution Annotated cite them under this clause, oldest first. Each link names the pages it comes from.

• interpreted bySuggested
  Schlesinger v. Reservists Committee to Stop the War (1974)418 U.S. 208, decided June 25, 1974

  The Constitution Annotated's essays on this provision cite the case on 4 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S6.C2.1, ArtI.S6.C2.2, ArtI.S6.C2.3, pp. 287, 289, 290, 291.

• interpreted bySuggested
  Buckley v. Valeo (1976)424 U.S. 1, decided January 30, 1976

  The Constitution Annotated's essays on this provision cite the case on 2 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S6.C2.1, ArtI.S6.C2.3, pp. 287, 291.