Monday, November 21, 2016

[Jonathan H. Adler] The Emoluments Clause — is Donald Trump violating its letter or spirit?

 

by Jonathan H. Adler

The Volokh Conspiracy / 2016-11-21 18:36

Constitution
Constitution

Six months ago, I doubt too many people knew much about the Emoluments Clause of the Constitution (also known as the "Foreign Emoluments Clause"). Now, however, thanks to controversies surrounding the Clinton Foundation and President-elect Donald Trump's business dealings, the clause is the subject of substantial discussion.

Like most readers of this blog, I suspect, I am anything but an expert on this clause. Fortunately, one of my colleagues — Erik Jensen — is such an expert. So I asked him to comment, and the following is what he had to offer:

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