WHY IS JOE HECK
IN THE ARMY? A Nevadan’s battle with the founders BY DENNIS MYERS
1803
was a significant year in testing the boundaries of the 14-year-old U.S. system of government. The U.S. Supreme Court handed down Marbury vs. Madison, the landmark ruling that became the foundation for the court’s authority. President Jefferson sent his envoy James Monroe and U.S. Minister to France Robert Livingston to Paris to try to buy New Orleans. It was uncertain that presidents even had that authority. The two brought back the Louisiana Purchase, doubling the size of the United States. And the United States House of Representatives expelled John Van Ness. A New York lawyer, Van Ness was elected to the House in a special election caused by an 1801 vacancy. The next year, Jefferson appointed him to a militia post in the District of Columbia. He accepted but also continued as a member of the House. The House had other ideas. The U.S. Constitution was clear—“no person holding any office under the United States, shall be a member of either House during his continuance in office” (article one, section six, clause two). Van Ness said if the House excluded him, it “would mean the exclusion of militia officers of the States, since they were subject to the command of the United States.” The House accepted that price. On Jan. 17, 1803, responding to the plea of Rep. John Randolph of Virginia that they vote “unanimously to exclude even the shadow of Executive influence,” the members of the House voted 88-0 to declare Van Ness’s seat forfeited. It was the first time the issue of a military post clashing with a
Joe Heck dressed for his two constitutionally defined roles.
congressional office had arisen. It would not be the last. There was something about being in the military that made elections and re-elections easier. But until the 20th century, the House never flinched, and always made clear that militia and, later, reserves fell under the constitutional language. In 10 cases, eight members were expelled. The only ones spared were those who agreed to drop the other office. There are two sections of the Incompatibility Clause, also called the Ineligibility Clause, of the U.S. Constitution. The section dealing with congressmembers and military service is the second: “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.” There was a considerable debate on the adoption of this language at the constitutional convention on Sept. 3, 1787, with a dozen delegates joining in. An initial version was defeated, five states to five. An amended version carried, five to four. It was very sweeping—“no person … any office.” U.S. Rep. Joe Heck of Nevada is in the Army Reserve. He currently serves as deputy commanding general of the Third Medical Command Deployment Support. He is now also the Republican nominee for U.S. Senate. When he got into the campaign for the retiring Harry Reid’s seat, he told the Washington Post his concerns
WHY I S J O E H ECK I N TH E AR MY?
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