John Marshall, Secretary of State, takes the Oath of Office as Chief Justice of the united States, but does not resign his Cabinet post. Article I, Section 6 [Clause 2] does not permit one to hold offices in two different branches of government at the same time.
[restored 11/7/2021]
Subsequent Events:
Authority:
“Law of the Jungle”
ccc-2point0.com/preface
References:
Calvin D. Linton, ed. The Bicentennial Almanac: 200 Years of America, 1776-1976, (Nashville, Tennessee: Thomas Nelson, 1975), 58.