Sentences with phrase «emoluments clause»

The anti-bribery emoluments clauses of the Constitution.
A federal judge in Maryland has ruled that Maryland and Washington, D.C., have standing to pursue a narrowed claim in their lawsuit contending that President Donald Trump is violating the Constitution's foreign and domestic emoluments clauses by accepting payments from foreign governments and states through his business empire.
«It is a co-equal branch of the federal government with the power to act as a body in response to defendant's alleged foreign emoluments clause violations, if it chooses to do so.»
The suit against Trump, brought by Maryland and Washington, D.C., claims that the president is violating the Constitution's foreign and domestic emoluments clauses by accepting payments from foreign governments and states through his business empire.
If the solution to the blind trust and Emolument Clause problems is a divesture of President elect Trump's assets as many advocate, this would trigger (to borrow a catch phrase of President elect Trump's) huuuuuuge tax problem.
Trump asks judge to dismiss emoluments lawsuit against him: «President Donald Trump has asked a federal court to dismiss a lawsuit accusing him of violating the Constitution's Emoluments Clause related to private payments from other governments.
Interest in the case has focused on its foreign emoluments clause aspect, Bloomberg reported.
But Daniels noted that the foreign emoluments clause says «no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept any present, emolument, office, or title, of any kind whatever, from any king, prince or foreign state.»
The foreign emoluments clause states that, absent congressional consent, no one holding any office of profit or trust shall «accept of any present, emolument, office or title, of any kind whatever, from any king, prince or foreign state.»
While he'd planned to cover familiar historical cases such as Marbury v. Madison and more recent cases such as Obergefell v. Hodges for his Beijing students this past spring, he found that his students were captivated by the travel ban litigation and emoluments clause lawsuits against President Donald Trump's administration.
Under the so - called domestic emoluments clause, the president is prohibited from receiving any compensation from federal or state governments other than his $ 400,000 salary.
Bloomberg notes that at least two other lawsuits accusing Trump of violating the foreign emoluments clause are pending, in federal district courts in Washington, D.C. and Maryland.
CREW is suing the president for violation of the emoluments clause, which forbids elected officials from accepting payments from foreign governments.
McGovern and others believe Trump has violated the emoluments clause of the U.S. Constitution that prohibits government officials from profiting from foreign businesses.
Then there's the emoluments clause, too.
Whether that constitutes a violation of the emoluments clause of the Constitution, and more importantly whether it warrants congressional action, is a more complicated question.
Senator Cardin says this is necessary under the Constitution's Emoluments Clause.
He's also being sued separately for violating the Emoluments Clause — which prohibits federal officeholders from receiving gifts and payments from foreign states or their representatives — in his official capacity as President.»
If the call for divestiture to calm the Emolument Clause and / or blind trust problems is to eliminate any conflicts of interest between President elect Trump's ownership stakes in ongoing enterprises, then the remedy can't be a tax event.
Others, like Andy Grewal, do not believe that mere ownership of assets triggers the Emolument Clause.
Commentators have argued that President - Elect Trump's various business interests, including in the D.C. - based Trump Hotel, may create constitutional problems under the Emoluments Clause.
As relevant here, the Emoluments Clause prevents a person holding a federal office from accepting any «present» or «emolument» of any kind from any foreign country, unless Congress consents.
After that let's open hearings on Rump and the emolument clause (Article I, Section 9, Clause 8 of the United States Constitution).
The Articles of Impeachment were filed under obstruction of justice, violation of the foreign emoluments clause, violation of the domestic emoluments clause, undermining the federal judiciary and undermining the freedom of the press.
US military regulations designed to bring about compliance with the Emoluments Clause of the US constitution, which forbids US officials such as military reservists from receiving payments from foreign governments.
Urge our State AG, Eric Schneiderman to aggressively investigate Donald Trump's conflicts of interest and potential violations of the emoluments clause of -LSB-...]
To sum up, Congress may be applying a workaround that's sort of bogus, but the precedent has been set and they are sticking to it rather than passing legislation that would clarify alternative interpretations of the emoluments clause.
According to the Journal, Schneiderman's office is now looking into the possibility that Trump's businesses put the president in violation of the Emoluments Clause, the constitutional provision that bars an officeholder from accepting gifts, payments, or titles from a foreign state.
From Article 2, Section 1.7 of the US Constitution, the domestic emoluments clause:
The domestic emoluments clause may be sufficient.
The suit alleges violations of the U.S. Constitution's Emoluments Clause, which bans payments from foreign powers to government leaders to avoid any influence that could be gained from gifts and payments, via Trump's hotels and the money they receive from foreign governments.
The legal team filing the lawsuit includes Zephyr Teachout, a Fordham University law professor and former New York congressional and gubernatorial candidate who has been studying and writing about the Emoluments Clause for nearly a decade.
As a retired military officer, Flynn is prohibited under the emoluments clause of the Constitution from accepting payment from a foreign government without advance permission from both the secretary of State and the secretary of the Army.
A request last week from several good - government groups for a probe into whether Trump's businesses have received payments from foreign governments in violation of the Constitution's emoluments clause.
A federal judge has ruled that a lawsuit alleging President Trump is violating the anti-corruption sections of the Constitution, known as the emoluments clauses, can proceed.
Senator Cardin says this is necessary under the Constitution's Emoluments Clause.
Thus, as Trump (falsely) took the Oath of Office (and immediately became in violation of it due to the Emoluments Clause), -LSB-...]
Law professor Seth Barrett Tillman of Ireland's Maynooth University submitted an amicus brief arguing that the emoluments clause doesn't apply to the president of the United States, igniting an argument among legal historians, the New York Times reported in September.
The domestic emoluments clause, also known as the presidential compensation clause, says the president shall receive compensation for his services, «which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.»
It's the first - ever ruling on when a president's business dealings might violate the Constitution's emoluments clause, which forbids public officeholders from taking payments from other countries without congressional consent.
We've heard more about the constitutional «emoluments clause,» Art 1 § 9, clause 8, this year than during the entire rest of our legal careers.
Emoluments Clause.
Also known as the Emoluments Clause, it was designed to shield the republican character of the United States against so - called «corrupting foreign influences».
The crux of the dispute are two constitutional provisions known as the emoluments clauses that substantially prohibit a president from receiving gifts from a foreign government without the permission of Congress.
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