Reading Room Document

Appointment of Former or Sitting Members of Congress to Civil Offices Created by Congress at the Time Such Persons Were Congressmen

This document addresses the legal restrictions on the appointment of former or sitting Members of Congress to civil offices created by Congress. It cites Article I, § 6, cl. 2 of the Constitution, which prohibits Senators and Representatives from being appointed to any civil office under the Authority of the United States during the time for which they were elected. The document concludes that current members of the House of Representatives are not affected, but only Senators whose terms expire at noon on January 3, 1979, will be eligible for appointment to the judgeships created by the Omnibus Judgeship Bill. The document also raises questions about the eligibility of Senators whose terms do not expire in 1979 and the disqualification of members of the House of Representatives who were re-elected to a new term.

December 21, 1978