U.S. President William Taft used what became known as a Saxbe fix, a mechanism to avoid the restriction of the U.S. Constitution's Ineligibility Clause, to appoint Philander C. Knox as U.S. Secretary of State
The Saxbe fix ( SAKS-bee), or salary rollback, is a mechanism by which the President of the United States, in appointing a current or former member of the United States Congress whose elected term has not yet expired, can avoid the restriction of the United States Constitution's Ineligibility Clause. That clause prohibits the president from appointing a current or former member of Congress to a civil office position that was created, or to a civil office position for which the pay or benefits (collectively, "emoluments") were increased, during the term for which that member was elected until the term has expired. The rollback, first implemented by an Act of Congress in 1909, reverts the emoluments of the office to the amount they were when that member began his or her elected term.
To prevent ethical conflicts, James Madison proposed language at the Constitutional Convention that was adopted as the Ineligibility Clause after debate and modification by other Founding Fathers. Historically, a number of approaches have been taken to circumvent or adhere to the restrictions; these have included choosing another nominee, allowing the desired nominee's elected term of office to expire, ignoring the clause entirely, or reducing the offending emoluments to the level prior to when the nominee took office. Although Congress passed the mechanism reducing emoluments in 1909, the procedure was named "Saxbe fix" after Senator William Saxbe, who was confirmed as Attorney General in 1973 after Congress reduced the office's salary to the level it had been before Saxbe's term commenced. The Saxbe fix has subsequently become relevant as a successfulthough not universally acceptedsolution for appointments by presidents of both parties of sitting members of the United States Congress to the United States Cabinet. Members of Congress have been appointed to federal judgeships without any fix being enacted; court challenges to such appointments have failed.
There were four Saxbe fixes for appointees of presidents prior to Barack Obama. The first two rollbacks concerned appointees of Republicans William Howard Taft and Richard Nixon, and the last two were implemented for appointees of Democrats Jimmy Carter and Bill Clinton. Congress approved two more in the weeks preceding Obama's presidency in preparation for his designated Cabinet nominees. Since the 1980s, Saxbe fixes have only been temporary, extending to the conclusion of the term for which the sitting member of Congress was elected. The Clause has received relatively little scholarly or judicial attention; the sparse extant debate centers on whether the reduction of salary satisfies the Ineligibility Clause, or whether affected members of Congress are ineligible for appointment in spite of the reduction.
William Howard Taft (September 15, 1857 – March 8, 1930) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected president in 1908, the chosen successor of Theodore Roosevelt, but was defeated for reelection in 1912 by Woodrow Wilson after Roosevelt split the Republican vote by running as a third-party candidate. In 1921, President Warren G. Harding appointed Taft to be chief justice, a position he held until a month before his death.
Taft was born in Cincinnati, Ohio, in 1857. His father, Alphonso Taft, was a U.S. attorney general and secretary of war. Taft attended Yale and joined the Skull and Bones, of which his father was a founding member. After becoming a lawyer, Taft was appointed a judge while still in his twenties. He continued a rapid rise, being named solicitor general and a judge of the Sixth Circuit Court of Appeals. In 1901, President William McKinley appointed Taft civilian governor of the Philippines. In 1904, Roosevelt made him Secretary of War, and he became Roosevelt's hand-picked successor. Despite his personal ambition to become chief justice, Taft declined repeated offers of appointment to the Supreme Court of the United States, believing his political work to be more important.
With Roosevelt's help, Taft had little opposition for the Republican nomination for president in 1908 and easily defeated William Jennings Bryan for the presidency in that November's election. In the White House, he focused on East Asia more than European affairs and repeatedly intervened to prop up or remove Latin American governments. Taft sought reductions to trade tariffs, then a major source of governmental income, but the resulting bill was heavily influenced by special interests. His administration was filled with conflict between the Republican Party's conservative wing, with which Taft often sympathized, and its progressive wing, toward which Roosevelt moved more and more. Controversies over conservation and antitrust cases filed by the Taft administration served to further separate the two men. Roosevelt challenged Taft for renomination in 1912. Taft used his control of the party machinery to gain a bare majority of delegates and Roosevelt bolted the party. The split left Taft with little chance of reelection, and he took only Utah and Vermont in Wilson's victory.
After leaving office, Taft returned to Yale as a professor, continuing his political activity and working against war through the League to Enforce Peace. In 1921, Harding appointed Taft chief justice, an office he had long sought. Chief Justice Taft was a conservative on business issues, and under him there were advances in individual rights. In poor health, he resigned in February 1930, and died the following month. He was buried at Arlington National Cemetery, the first president and first Supreme Court justice to be interred there. Taft is generally listed near the middle in historians' rankings of U.S. presidents.