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this has come up before ...

Posted By: sm on 2008-12-01
In Reply to: Another trouncing of the Constitution? sm - m

There is a way around it that has been done several times and is commonly called the "Saxbe fix"

The first time was in 1909 when President Taft nominated Philander C. Knox for Sec. of State.

The same fix was also used by Richard Nixon for William Saxbe for US Attorney General (where the current term came from).

Also used by Jimmy Carter to appoint Edmund Muskie as SoS and George H.W. Bush used it for Lloyd Bentson to become Treasury Secretary.

http://en.wikipedia.org/wiki/Saxbe_fix





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