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The Ineligibility Clause, one of the two clauses often called the Emoluments Clause,〔 and sometimes also referred to as the Incompatibility Clause〔(Popular Names of Sections and Clauses of the United States Constitution ), from (usconstitution.net ) Accessed 24 November 2008.〕 or the Sinecure Clause,〔(The Constitutional Source Project ) courtesy of Winston & Strawn〕 is found in Article 1, Section 6, Clause 2 of the United States Constitution. It places limitations upon the employment of members of Congress and prohibits employees of the Executive Branch from serving in Congress during their terms in office. The name "Ineligibility Clause" is only used by a minority of writers, as compared to the name "Emoluments Clause".〔〔〔"The Emoluments Clause also has been referred to as the Ineligibility Clause by a minority of commentators." O'Connor, John. ("The Emoluments Clause: An Anti-Federalist Intruder in a Federalist Constitution" ), 24 Hofstra L. Rev. 89 (1995).〕 The clause states: ==Purpose and origins== The purpose of the clause is twofold: to protect separation of powers by ensuring that no member of the Executive or judicial branches of the federal government of the United States could simultaneously serve in the Legislative Branch and to prevent Congress from conspiring to create offices or increase federal officials' salaries with the expectation that members of Congress would later be appointed to these posts. The clause was drafted to prevent similar problems that had occurred in the British Parliament, but the records of the Philadelphia Convention suggest that there was considerable disagreement among the delegates as to what the scope of the disabilities created by the clause should be.〔(Records of the Federal Ratifying Convention )〕 The clause does not bar simultaneous service as a federal judge and member of the executive branch, and under John Adams, John Marshall served as both United States Secretary of State and Chief Justice of the United States. It is not clear if a member of Congress could hold a reserve commission in the armed forces, as the only case was never ruled upon due to lack of legal standing.〔 The prominent anti-Federalist politician Luther Martin reported that the clause, as originally drafted by the Philadelphia Convention, would have operated to prevent members of Congress from being appointed to offices in either the federal government and the governments of their respective home states for the period which they were elected to serve〔http://press-pubs.uchicago.edu/founders/documents/a1_6_2s3.html〕 but that this part of the clause drew objections and was stricken from the article. Luther also criticized the clause itself, feeling that it would be ineffective in preventing this type of self-dealing, because members of Congress could easily create new offices, arrange for others to be appointed to them, and then fill the vacancies created by the movement of these government officers to new positions.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Ineligibility Clause」の詳細全文を読む スポンサード リンク
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