Legal Definitions - Ineligibility Clause

Definition: The Ineligibility Clause is a provision in the U.S. Constitution that prohibits a member of Congress from accepting an appointment to an executive office that was created, or the compensation for which was increased, during the member's service in Congress. This means that a member of Congress cannot be appointed to a government position that they helped create or increase the salary for while serving in Congress.

Example: If a member of Congress helped pass a law that created a new government agency, they cannot be appointed to lead that agency while they are still serving in Congress. Similarly, if a member of Congress voted to increase the salary for a particular government position, they cannot be appointed to that position while they are still serving in Congress.

Explanation: The Ineligibility Clause is designed to prevent conflicts of interest and ensure that members of Congress are not using their positions to benefit themselves. By prohibiting members of Congress from accepting appointments to positions they helped create or increase the salary for, the clause helps to maintain the separation of powers between the legislative and executive branches of government.