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From: ted@bcsaic.UUCP (ted jardine)
Newsgroups: net.politics,net.legal
Subject: Re: Senatorial double-dippers & the Constitution
Message-ID: <451@bcsaic.UUCP>
Date: Sun, 9-Feb-86 19:45:06 EST
Article-I.D.: bcsaic.451
Posted: Sun Feb  9 19:45:06 1986
Date-Received: Wed, 12-Feb-86 21:14:33 EST
References: <302@ucbjade.BERKELEY.EDU>
Reply-To: ted@bcsaic.UUCP (ted jardine)
Organization: Boeing Computer Services AI Center, Seattle
Lines: 15
Xref: watmath net.politics:13399 net.legal:2898

In article <302@ucbjade.BERKELEY.EDU> Tom Slone writes:
>I have heard that it is unconstitutional for members of Congress to hold
>military commissions.  What I saw in the Constitution was that they are not
>allowed to hold other civil posts.  Does this extend to military posts?  Note
>the following Senators:  Navy Lieutenant Gary Hart, Air Force General Barry
>Goldwater, Marine Corps Lieutenant Colonel Pete Wilson, Army Captain Bob Dole,
>Marine Corps Colonel John Glenn, Army General Stromm Thurmond, and Air Force
>Colonel Jake Garn.  Seems to be at least a serious conflict of interest, as
>many of these Senators are on military oversight committees.

What you want to notice is that none of these people are on ACTIVE DUTY in the
military at the time they are performing the functions of their civilian post.
It is permissible for them to perform active duty with the military for
specified periods while on leave of absence from their civilian post.  This
permits keeping reserve status current as well as other special assignments.