A New Front in the Emolument Wars

7/20/17  //  Commentary

If the people of this nation want a president who acts unclouded by private financial benefits, they must step up and insist that their officials not pay illegal emoluments to Trump in the first place

Joshua Matz

Publisher

The Definition of "Emolument" in English Language and Legal Dictionaries, 1523-1806

7/12/17  //  In-Depth Analysis

John Mikhail demonstrates that "DOJ’s historical definition of 'emolument' is inaccurate, unrepresentative, and misleading."

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Foreign Emoluments, Alexander Hamilton & A Twitter Kerfuffle

7/12/17  //  In-Depth Analysis

Last week, Brianne Gorod strongly refuted the claim that Alexander Hamilton thought presidents are free to accept foreign emoluments. Her post sparked a bout of criticism on Twitter. But that criticism is weak even on its own limited terms—and should not obscure Brianne's vital contribution to a debate of surpassing national importance.

Joshua Matz

Publisher

What It Means To Be Presidential: Litigating Positions

7/11/17  //  Commentary

Jane Chong questioned whether the administration's “self-interested [legal] stance" in the cases about the emoluments clauses "is ... fundamentally at odds with the trust that the office [of the President] confers.” It's worth asking the same about the administration's litigating position on the scope of the injunction against the entry ban.

Leah Litman

U.C. Irvine School of Law

Raines Check: Legislator Standing and the Separation of Powers

7/10/17  //  In-Depth Analysis

Separation of powers principles strongly support standing in the Foreign Emoluments Clause suit filed by Members of Congress.

G. Michael Parsons

Private Practice

What Alexander Hamilton Really Said

7/6/17  //  Commentary

For good reason, nearly everyone agrees that the Foreign Emoluments Clause applies to the President. And the main contrary argument rests on a misreading of the historical record.

Brianne J. Gorod

Constitutional Accountability Center

Emoluments and Justiciability

6/26/17  //  Commentary

Zachary Clopton offers a new spin on questions of standing and justiciability at the heart of recent emoluments litigation.

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Members of Congress Have Standing in the Emoluments Suit

6/24/17  //  In-Depth Analysis

Eric Segall explains why the emoluments suit by 196 Members of Congress must be decided on the merits.

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Presents, Emoluments, and Corruption

6/21/17  //  Commentary

Simon Stern explains why DOJ's interpretation of "emolument" doesn't make sense as a matter of text or purpose.

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Asymmetric Geographical State Standing

6/20/17  //  Commentary

The recent DC/Maryland emoluments case reflects a truth known to the Framers: jurisdictions geographically closer to the national capital would have a different relationship with federal power.

David Fontana

George Washington University Law School

Congressional Standing Is Not an All-or-Nothing Proposition

6/19/17  //  Commentary

It is perfectly consistent to think the House lacks standing in House v. Price, but that members of Congress have standing to sue for Foreign Emoluments Clause violations.

Brianne J. Gorod

Constitutional Accountability Center

Trump Is Ushering In A Kleptocracy. That's Why He Is Being Sued

6/14/17  //  Commentary

If recent events are any sign, the public will not stand idly by as Trump turns our nation into a banana republic.

Joshua Matz

Publisher

Trump Emoluments Argument Mirrors His “Just a Hope” Comey Defense

6/14/17  //  Commentary

The last week saw important developments with respect to Donald Trump's ongoing confrontation with the Constitution's Foreign Emoluments Clause.

Michael C. Dorf

Cornell Law School

Because President Trump Has Chosen Not To Go to Congress, Members of Congress Must Go to the Courts

6/14/17  //  Commentary

Today, Senator Richard Blumenthal, Representative John Conyers, and 194 other members of Congress have gone to federal court seeking to put an end to the President’s willful violations of the Constitution.

Brianne J. Gorod

Constitutional Accountability Center

Tracking Corruption and Conflicts in the Trump Administration

6/13/17  //  In-Depth Analysis

An updated quarterly report on instances in which there are credible allegations of President Trump, his family, and his close associates exploiting their public power for private gain.

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