Bagatz - An American Example for Illustration

For those you have visited my blog frequently, you have probably seen the word "bagatz" and perhaps, despite it being defined as an appeal to the High Court of Justice, you might not fully grasp its significance.

I found here a good example of an American situation. So, first the report and I'll follow with some comments.

The selection of Hillary Clinton for secretary of state reveals that President-elect Barack Obama does not limit his lack of appreciation for the Constitution to just the First and Second Amendments...

...The Emoluments Clause in Article I, Section 6 of the U.S. Constitution provides: “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.” On January 4, 2008, President Bush issued Executive Order 13454, which increased the “Emoluments” (salary) of the secretary of state position. Hillary Clinton, as an elected senator from New York at the time and with a current term of office that runs through the end of 2010, would seem to fall clearly within the definition of a “senator” under this clause.

If this case occurred in Israel, a group lie The Movement for Quality Government or even an individual would show up at trhe offices of the Supreme Court with a petition outlining the assumed infraction of the law and the proper administrative procedures and ask that the appointment be disallowed. Or, at the least, that Hillary's appointment not come into effect until she leaves the Senate.

And since that is possible, since we know that months go by before a new Senator is appointed when the serving Senator passes away, if the was an American Bagatz.