Article I, Section 6, Clause 2 contains the Ineligibility Clause: no member of Congress can be appointed to a federal civil office that was created, or whose salary was increased, during the member''s current term. The Framers added this restriction to prevent corruption and breach of the separation of powers.
The clause stops Congress from creating lucrative federal positions with the intention of appointing its own members. It also prevents members from raising salaries for positions they plan to accept after leaving Congress. The restrictions expire after a member''s term ends—a former member can accept a position they couldn''t take while serving, once the term expires. The clause operates differently from the Incompatibility Clause, which forbids simultaneous service in Congress and another federal office.
Congress enforces the Ineligibility Clause internally rather than through courts. If a member accepts an ineligible appointment, the chamber can vote to declare the seat vacant. Courts have largely declined to enforce the clause themselves, treating it as an internal legislative matter. The provision is rarely invoked because most members avoid creating obvious violations of its terms.
This clause prevents members from voting themselves (or their allies) into federal jobs. It protects the integrity of both branches by preventing congressional seats from becoming stepping stones to executive or judicial positions that Congress itself created.
People sometimes confuse the Ineligibility Clause with the Incompatibility Clause. The Ineligibility Clause bars appointments to offices created during a member''s term; Incompatibility bars simultaneous service in Congress and another federal office. They''re related but distinct restrictions.
This clause prevents members from voting themselves (or their allies) into federal jobs. It protects the integrity of both branches by preventing congressional seats from becoming stepping stones to executive or judicial positions that Congress itself created.
People sometimes confuse the Ineligibility Clause with the Incompatibility Clause. The Ineligibility Clause bars appointments to offices created during a member''s term; Incompatibility bars simultaneous service in Congress and another federal office. They''re related but distinct restrictions.