Tax
Feb. 11, 2017
The many ways to interpret the emoluments clause
One legal scholar has identified several different meanings and usages of the term from the time of the Constitution.
Mike Rappaport
Professor of Law
University of San Diego School of Law
Mike Rappaport is Darling Foundation professor of law at the University of San Diego, where he also serves as director of the Center for the Study of Constitutional Originalism.
The foreign emoluments clause continues to receive attention in connection with President Donald Trump's decision to maintain some of his business assets. One question that arises is whether Trump's businesses might conflict with the clause if they engage in arms-length commercial transaction with a foreign government.
One reason to believe the clause would not cover the president is the argument of Seth Barrett Tillman, a lecturer at the Maynooth University Department of Law in Irel...
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