Is the Clinton Appointment legal?

Well, Hillary Clinton got the anointment from the “chosen one” Barack Obama to be Secretary of State, but is the appointment legal under the constitution? Some legal scholars say no.

They say the constitution forbids the appointment because the position received a raise while she held her Senate seat. Here is what Article 1, Section 6 of the constitution says: "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 increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office."

It seams pretty clear to me that it is not constitutional, but it hasn’t stopped other presidents from doing it in the past. After all it is just an out dated piece paper…just like Obama’s birth certificate.