Orientation and Getting Started
The Creation of the Constitution
The Road to Philadelphia
Federalism
Congress
Slavery and the Constitution
The Presidency
The Federal Judiciary
Some Other Important Details
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The Powers of Congress

The Development of Congressmen’s Incapacity from Holding Other Offices

ARTICLE V of the Articles of Confederation: “… nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or another for his benefit receives any salary, fees or emolument of any kind.”Virginia Plan, Resolution 4: “Resolved that the members of the first branch of the National legislature ought … To be ineligible to any office established by a particular state, or under the authority of the United States, (except those peculiarly belonging to the functions of the first branch) during the term of Service and for the space of [blank] years after its expiration.” [There is an almost identical proviso for the second branch in Resolution 5] Committee of Detail Report, Art. VI, Sect. 9: “The members of each House shall be ineligible to, and incapable of holding, any office under the authority of the United States, during the time for which they shall respectively be elected; and the members of the Senate shall be ineligible to, and incapable of holding, any such office for one year afterwards.”Art. I, Sec. 6, of the Constitution: “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.”