An Officer and a Congressman.

2015-03-10T16:57:55-04:00

Can someone assist me with finding the issue at hand here? My reading of the story is that the primary issue being discussed is "A clause in the U.S. Constitution prohibits congressional members from holding office in the executive branch".

A military officer is neither in the executive branch nor a congressional member simply by virtue of being an Officer...

Is there something I'm missing here? Where does the conflict lie?

http://www.marinecorpstimes.com/story/military/capitol-hill/2015/03/10/sullivan-marines-senator/24713685/

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Dan Sullivan says he can be a military officer and U.S. senator

U.S. Sen. Dan Sullivan has been removed from his assignment as a Marine Corps reserve commander, a post the Marines said was incompatible with his congressional service.

Response by Sgt Aaron Kennedy, MS made Mar 10 at 2015 6:42 PM

2015-03-10T18:42:47-04:00

There may be no real conflict of interest, however there could be a perceived conflict of interest.

As a Senator, any statement he makes is Public. As a Commander, regardless of whether he is in uniform or not, those statements can be perceived to be acceptable. "If he can say that, why can't I?"

It's less about him serving as an officer & a Senator, more as him holding a Command & an Office at the same time. Both are positions of authority, and perception is very hard to separate.

Response by 1LT William Clardy made Mar 10 at 2015 9:41 PM

2015-03-10T21:41:59-04:00

The conflict lies in Article I, Section 8:
"The Congress shall have Power...
"To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two years;
"To provide and maintain a Navy;
"To make Rules for the Government of the land and naval Forces;
"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
"To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the Unites States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress..."

Things don't work well when the guys writing the rules and signing the checks are officers subordinate to the senior officers who must abide by the discipline and rules -- and who want more money for their pet projects.