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
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.
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.
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.
