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Jan 10, 2018
Discussion of the Foreign Emoluments Clause and President Trump
Summary
Seth Barrett Tillman, an instructor in the Department of Law at Maynooth University in Ireland, is one of the few scholars to have researched and written about the history of the Foreign Emoluments Clause of the U.S. Constitution. Prof. Tillman has also submitted amicus briefs (friend of the court briefs) in three recent federal cases regarding whether President Trump has violated the clause. In this podcast interview, Prof. Tillman discusses the historical origins of the clause, its original understanding during the early republic, and its possible application to the Trump presidency. In short, Prof. Tillman contends that the clause does not apply to elective offices; rather, it only applies to appointed offices in the federal government. Although conceding that there are good reasons to want such a clause to apply to the President, he contends that it is simply not a proper understanding of the clause to apply it to President Trump.
Here's some reading:
Prof. Tillman and Josh Blackman's New York Times op-ed on Trump and the emoluments clause.
Prof. Tillman's article in the Harvard Journal of Law and Public Policy on Trump and the emoluments clause
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Your Host
Ian Drake
Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University.
