Although I doubt it will go very far, there is a new twist in Clinton for SoS saga.

http://firstread.msnbc.msn.com/archive/2008/11/25/1688640.aspx

Basically the issue revolves around a fairly obscure section of the Constitution (Article I, Section 6) which provides that:

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 increased 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.

Emoluments meaning salary and benefits for those of us not versed in 18th century terms. The problem that Clinton faces is that, earlier in 2008, Congress passed a law which increased the wages for various Cabinet members including State.

Since she is currently serving a term from 2007-2013, she would in-theory be unable to serve in the Cabinet during the next four years. In the past Presidents have gotten around this issue by lowering the salary of the office in question to the old level.

It does seem to me from a strict reading of the Constitution that this solution would not work and that she is not able to serve, but I don’t expect anyone to really make an issue of it.

But it is an interesting puzzle.