Legal Definitions - Ineligibility Clause

The Ineligibility Clause is a provision within the U.S. Constitution designed to prevent potential conflicts of interest and self-dealing by members of Congress. It states that a person currently serving in Congress cannot be appointed to an executive branch office if that particular office was created, or its salary was increased, during their time in Congress. This rule ensures that members of the legislative branch do not create or enhance positions specifically for themselves to occupy in the executive branch.

• New Office Creation: Imagine that during Senator Anya Sharma's term, Congress passes a law establishing a brand new position within the Department of Health and Human Services called the "Director of Public Health Innovation." This role did not exist before. If Senator Sharma were to resign from the Senate, she would be ineligible to be appointed as the first Director of Public Health Innovation because the office itself was created while she was serving in Congress.
• Compensation Increase: Suppose Representative Ben Carter is a member of the House of Representatives when Congress approves a budget bill that significantly raises the annual salary for the existing position of "Assistant Secretary of State for Economic Affairs." Representative Carter votes in favor of this budget. Even if he were highly qualified, Representative Carter would be barred from accepting an appointment as the Assistant Secretary of State for Economic Affairs because the compensation for that specific executive office was increased during his tenure in Congress.
• Preventing Self-Serving Legislation: Consider a scenario where Congress is debating a bill to establish a new "Special Presidential Envoy for Arctic Affairs," and the proposed legislation includes a substantial salary for this role. Congresswoman Chloe Davis, an expert in international environmental law, actively champions the bill, knowing she might be considered for such a position. If the bill passes and the Special Envoy position is created with its high salary during her time in Congress, Congresswoman Davis would be constitutionally prohibited from resigning and accepting an appointment to that very role. This demonstrates how the clause prevents members from creating lucrative opportunities for themselves through legislation.