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Well, there is the Ineligibility Clause in the Constitution (Article I, Section 6, Clause 2). But that only concerns the ineligibility of cross-serving in the legislative and executive/judicial branches, iirc.

There's nothing I can think of in the Constitution that prevents serving under the executive and judicial branches simultaneously. In fact, John Marshall did exactly that (Chief Justice & Sec. of State, iirc).




Huh, yup: John Marshall served jointly as Secretary of State and Chief Justice, for a few months at the end of the Adams administration.

source: the sidebar here https://en.wikipedia.org/wiki/John_Marshall




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