// 10/1/17 //
DOJ’s new, narrower definition of “emolument” is unconvincing, argues Marty Lederman at Take Care.
Only appointed officials—not elected ones—are subject to the Emoluments Clause, argue Josh Blackman and Seth Barrett Tillman at Volokh Conspiracy, in Part I of a two-part Foreign Emoluments series.
- In Part II, they argue that the practices of presidents during the early republic demonstrates an understanding that the president was not subject to the Foreign Emoluments Clause.
- Jed Shugerman posted an apology to Seth Barrett Tillman and Josh Blackman for some of his statements concerning their use of historical sources in an emoluments brief. (ShugerBlog)