EPISODE · Jul 20, 2017 · 18 MIN
The Emoluments Clauses
from What Trump Can Teach Us About Con Law · host Roman Mars, Elizabeth Joh
The Constitution says that a “person holding any office of profit or trust” cannot accept gifts from any foreign state. In Article II, it also says the president specifically cannot accept gifts from “United States, or any of them.” If Trump businesses profit from a foreign or domestic state, is that a violation of either one of the emolument clauses? It’s hard to say, because there is literally no case law when it comes the emoluments clause. None! Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
What this episode covers
The Constitution says that a “person holding any office of profit or trust” cannot accept gifts from any foreign state. In Article II, it also says the president specifically cannot accept gifts from “United States, or any of them.” If Trump businesses profit from a foreign or domestic state, is that a violation of either one of the emolument clauses? It’s hard to say, because there is literally no case law when it comes the emoluments clause. None!
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The Emoluments Clauses
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