The Inspector General, General Services Administration, Refuses to Acknowledge Her Plain Error About the Domestic Emoluments Clause

Reason.com -

Reason.com—[This post is co-authored with Seth Barrett Tillman] Since January 2017, litigants have alleged that President Trump is violating the Foreign and Domestic Emoluments Clauses. We have filed several amicus briefs in these cases. We contend that the phrase "emolument" used in the Constitution does not extend to business transactions for value. Rather, "emoluments" are the lawful compensation or profits that are derived from the discharge of the duties of an office.  Our briefs have discussed an...

The Congressional Research Service Has Shifted Its Position on Whether the Foreign Emoluments Clause Applies to the President. [This post is co-authored with Seth Barrett Tillman] The Foreign Emoluments Clause provides that "no Person holding any Office of Profit or Trust under them [the United States], shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State." Since 2017, plaintiffs in three lawsuits have argued that President Trump is violating this provision. Does the phrase "Office . . . under" the United States...