Reading Room Document

Judicial appointment as affected by constitutional disqualification

The document discusses the constitutional disqualification of a member of the 91st Congress from being appointed to a federal judgeship due to the "pay-raise" bill and the language of Article I, section 6 of the U.S. Constitution. The conclusion reached is that if the appointment is completed before midnight on February 28, 1969, the constitutional disqualification would not apply. The document presents questions for review regarding the interpretation of the phrase "during the time for which he was elected" in Article I, section 6, as well as the date at which the emolument of the particular office involved "shall have been increased." Additionally, it discusses the implications of Congress taking definitive action manifesting that it will not disapprove such an increase.

February 11, 1969