Saxbe fix

Saxbe fix is a mechanism in the United States that reduces the salary of any office for which the United States Congress has increased the salary during the term of a Congressman who later is appointed to that office. The purpose of the Saxbe fix is to comply with the Ineligibility Clause of the United States Constitution, which prohibits members of Congress from being appointed to an office which had its salary increased during the term for which that member was elected.

History

The Saxbe fix is named after William Saxbe, who was appointed United States Attorney General in 1973 after serving in the United States Senate. The salary of the Attorney General had been increased during Saxbe's term in the Senate, which would have made him ineligible for the position under the Ineligibility Clause. To avoid this, Congress reduced the salary of the Attorney General to the level it had been before Saxbe's term in the Senate.

Procedure

The Saxbe fix is not a formal procedure or law but rather a practice that has been followed by the United States Congress since at least 1909. When a member of Congress is nominated for a position that has had its salary increased during that member's term, Congress can pass a resolution reducing the salary of the position to the level it was before the increase. The member can then be appointed to the position without violating the Ineligibility Clause.

Criticism

Some constitutional scholars argue that the Saxbe fix does not actually resolve the constitutional issue. They argue that the Ineligibility Clause prohibits members of Congress from being appointed to an office that has had its salary increased during their term, regardless of whether the salary is later reduced. Other scholars, however, argue that the Saxbe fix is a practical solution that has been accepted by Congress and the courts.

See also

• United States Constitution
• Ineligibility Clause
• United States Congress
• William Saxbe
• United States Attorney General