Senator Graham Can’t Be Judge Graham Constitution Bars Mixing Executive and Legislative Offices For the first time in history, the federal courts have enforced the Incompatibility Clause of the Constitution (Art. I, § 6), which provides that “no Person holding any Office under the United States shall be a Member of either House during his Continuance in Office.”
D.C. Fire Chief Barred--Again--From Discharging Firefighters for Wearing Beards as Federal Judge Extends Injunction in ACLU Case Federal Judge Extends Injunction in ACLU Case In May 2005, the D.C. Fire Department announced that it would discharge any firefighter who had a beard. The Department requires firefighters to take a “fit test" to show that the facemasks they wear form a good seal with their faces. The Department says that facial hair prevents a good fit--but it prohibits bearded firefighters from taking the test to show that they can get a good fit!
Constitution Bars Mixing Congressional and Executive Offices
ACLU-NCA Urges Court to Preclude U.S. Senator from Serving as Military Judge Unusual Separation of Powers Issue In an amicus brief filed October 17, ACLU-NCA urged the U.S. Court of Appeals for the Armed Forces to rule that the Constitution prohibits a sitting U.S. Senator from serving as a Colonel in the Air Force Reserves and from sitting as a military judge. The five-member appeals court heard oral argument on Nov. 11, 2005.
Article I, Section 6 of the Constitution provides that "no Person holding any Office under the United States, shall be a Member of either House [of Congress] during his Continuance in Office."
