Saxbe Fix: A Deep Dive into Its Legal Definition and Impact
Definition & Meaning
The Saxbe Fix is a legal principle that allows the President of the United States to appoint a current or former member of Congress to a civil office position, even if their elected term has not yet expired. This mechanism is designed to enable appointments to positions that may offer increased pay or benefits. However, it is important to note that this practice is generally viewed as circumventing the Ineligibility Clause of the U.S. Constitution, which prohibits the appointment of sitting members of Congress to positions created for them. The term is named after Senator William Saxbe, who was appointed Attorney General in 1973 under this principle.
Legal Use & context
The Saxbe Fix is primarily relevant in the context of federal appointments and civil service positions. It is often discussed in legal and political circles when analyzing the boundaries of the Ineligibility Clause of the Constitution. This principle may be particularly relevant for individuals involved in government roles, political appointments, or those seeking to understand the implications of congressional appointments. Users can explore legal templates related to appointments and civil service positions through resources like US Legal Forms.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A sitting senator is appointed to a new federal position that was created after their election. This appointment is made possible through the Saxbe Fix, allowing the senator to accept the role despite their ongoing term.
Example 2: A former congressperson is appointed to lead a federal agency, benefiting from the increased salary associated with the position. This appointment illustrates the application of the Saxbe Fix in practice.