Constitution in Limelight after Clinton Nomination

As the Constitutional Convention nears, it seems the two century old document is receiving a bit more attention lately, following President-Elect Obama's nomination of Hillary Clinton as Secretary of State. Some experts and organizations, such as Judicial Watch, have declared that Senator Clinton is Constitutionally ineligible to hold the post. 

Why? Article 1, Section 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." 

Clinton was a Senator during the time in which the salaries for Cabinet posts were raised, leading some to conclude that she therefore cannot be confirmed under the Constitution to the position. 

Yet others point to the fact that such a situation has been remedied in the past during similar situations. This notably occurred under President Nixon when the Congress repealed the pay raise for the Attorney General to allow Senator William Saxbe to assume the position. However, such a legislative remedy (now known as the "Saxbe Fix") is not contained within our founding document.

Few expect this challenge to actually prevent Senator Clinton from becoming the next Secretary of State. This drew international criticism from Gerald Warner of the Telegraph who recently wrote: 

"So, after the founding fathers burned so much midnight oil over that document, it turns out to be inaccessible, unenforceable and irrelevant. Proponents of a written constitution for Britain might take note of this situation. If we did have a written constitution for the United Kingdom, can anybody think of a government that might make a habit of circumventing it? Answers on a postcard..."

Will this be a matter of timely consideration by Constitutional Convention 2.0? We shall find out in about one month.