11-04-2014, 04:54 PM
Regardless of your scenario above about committee hearings, there is no Constitutional issue because that section specifically refers to civil positions in the government. Many members of Congress have been in the military at the same time, including during WWII, and were only forced to resign due to being deployed for real combat for long periods which would keep them from actually doing their congressional jobs (LBJ, on the other hand, enlisted mainly as a PR move and used his military position for junkets).