Saxbe fix is a mechanism by which the President can avoid the restriction of the United States Constitution’s Ineligibility Clause. James Madison expressed the fear that members of Congress would create new federal jobs, or increase the salaries for existing jobs, and then take those jobs for themselves. The fix was named after Senator William Saxbe, who was confirmed as Attorney General in 1973 after Congress reduced the office’s salary to the level it had been before Saxbe’s term commenced.
About Saxbe fix in brief
The Saxbe fix ˈsæks. biː, or salary rollback, is a mechanism by which the President can avoid the restriction of the United States Constitution’s Ineligibility Clause. The rollback reverts the emoluments of the office to the amount they were when that member began his or her elected term. Since the 1980s, Saxbe fixes have only been temporary, extending to the conclusion of the term for which the sitting member of Congress was elected. The Clause has received relatively little scholarly or judicial attention; the sparse extant debate centers on whether affected members of Congress are ineligible for appointment in spite of the reduction of the salary. In his notes of the Philadelphia Convention in 1787, James Madison expressed the fear thatMembers of Congress would create new federal jobs, or increase the salaries for existing jobs, and then take those jobs for themselves. Madison originally proposed a one-year length on such a bar, but Nathaniel Gorham, James Wilson, and Alexander Hamilton wanted no bar at all at the end of congressional service. The clause was limited to civil offices as it was not to restrict military service, so it was passed in its current form without an explicit consideration by the U.S. Congress. The first two rollbacks concerned appointees of Republicans William Howard Taft and Richard Nixon, and the last two were implemented for appointee of Democrats Jimmy Carter and Bill Clinton. Congress approved two more in the weeks preceding Obama’s presidency in preparation for his designated Cabinet nominees.
The fix has subsequently become relevant as a successful—though not universally accepted—solution for appointments by presidents of both parties of sitting members of the U States Congress to the United United States Cabinet. The fix was named after Senator William Saxbe, who was confirmed as Attorney General in 1973 after Congress reduced the office’s salary to the level it had been before Saxbe’s term commenced. There were four Saxbe Fixes prior to Barack Obama, but none of them have been upheld by the courts. The last fix was approved in 2008, but no court challenges to such appointments have been enacted. The current fix has been approved for federal judgeships without any fix being enacted, but court challenges have failed. This motion failed 2–8–8, with one state with one year left to go, with the state divided one-to-one with the one year thereafter, and so on. The motion failed 1–8-8, and one state divided 1–2–8 with one month left togo, with. the state of the state being New Jersey. The state of New Jersey was the only one that failed to comply with the motion, and it was the state that moved that the states vote and the prohibition carried by vote of 8 states to 3. Robert Yates noted that the clause was an amendment passed in his absence, and that he did not place much faith in it as he felt unscrupulous politicians would circumvent it by creating new positions for them.