The May 14, 2020, decision of the full U.S. Court of Appeals for the Fourth Circuit allowed a lawsuit to continue that alleges U.S. President Donald Trump is violating the Constitution’s Emoluments Clauses. The case, which is called Citizens for Responsibility and Ethics in Washington v. Trump, will return to the United States District Court for the Southern District of New York for further proceedings. The case centers on how to define the scope of the Foreign and Domestic Emoluments Clauses. In the episode, host and attorney Michael Buckner explores the constitutional provisions relating to emoluments and how that term was interpreted as applied to federal elected officials, incluing the President, in the early history of the United States.

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Citations:

American State Papers, 7th 28 Cong., 1st Sess., Misc. 307–08 (1802).

A Digest of the International Law of the United States 757 (Francis Wharton ed., 1886).

Debates in the Federal Convention.

Defendant's Memorandum of Law in Support of Defendant's Motion to Dismiss, CREW v. Trump, Case 1:17-cv-00458-RA (S.D.N.Y. June 9, 2017).

Douglas Southall Freeman, George Washington: A Biography 160 (1954).

The Federalist No. 73, at 494 (Jacob E. Cooke ed., 1961).

Hoyt v. United States, 51 U.S. 109 (1850).

Journals of the Continental Congress, 1774–1789, at 670 (Gaillard Hunt ed., 1914).

United States v. Hartwell, 73 U.S. 385 (1867).

Leonard D. White, The Federalists: A Study in Administrative History 298 (1st ed. 1948).