Legal Definitions - Incompatibility Clause

The Incompatibility Clause is a provision in the United States Constitution that prohibits an individual from holding offices in both the executive and legislative branches of the federal government at the same time. This clause is found in Article I, Section 6, Paragraph 2, Clause 2 of the Constitution.

For example, if a person is serving as a member of Congress, they cannot also hold a position in the executive branch, such as being a cabinet member or a federal agency head. Similarly, if a person is serving as the President or Vice President, they cannot simultaneously serve as a member of Congress.

The purpose of the Incompatibility Clause is to prevent conflicts of interest and ensure that the different branches of government remain separate and independent. By prohibiting individuals from holding positions in both the executive and legislative branches, the clause helps to maintain the checks and balances that are essential to the functioning of the U.S. government.