Senators taking oath of office
“*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 encreased 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.” Article 1, Section 6, Clause 2 US Constitution
This clause was designed to address the potential for corruption in government appointments.
* Emolument or Ineligibility or Sinecure Clause
Senators or Representatives cannot resign from Congress to take an appointment to a newly created or higher paying position in the Executive Branch. They have to wait until the end of their term before they can resign.
This was designed to discourage the Executive Branch from enticing members of Congress to other positions. These positions could have been created or placed at a higher salary by the current Congress. So it could appear that the Congress created or improved that position for one of its members.
The word “emolument” means the “returns arising from office or employment usually in the form of compensation or perquisites”. (Webster’s Online)
The word “sinecure” means “an office or position that requires little or no work and that usually provides an income”. (Webster’s Online)
The Ineligibility Clause can be bypassed by a procedure called the Saxbe Fix. What can happen is that Congress can roll the salary for the position back to the level of the Congressperson’s current salary to allow him to take the position.
Here is an example of the Saxbe Fix in recent times: http://www.celebritynetworth.com/articles/how-much-does/secretary-of-state-salary/
** Incompatibility Clause
This clause was designed to preserve the independence of the executive and legislative branches.
No person holding an appointed office under the executive branch may serve in the Senate or the House of Representatives at the same time.
We the people give instructions that prevent a Congressperson from holding an office that they may have helped create or an office where the salary may have been increased during the Congressperson’s time in office.
The benefit to us is that we are protected from having Congress make high-paying positions for their own members. We also avoid undue influence on the executive branch by members of Congress. It is a means by which the independence of the executive and legislative branches can be preserved.
References:
Findlay, Bruce Allyn and Findlay, Esther Blair. Your Rugged Constitution. Stanford: Stanford University Press, 1950
Online Webster’s Dictionary
Reclaiming the Shining City 