"There is always a philosophy for lack of courage."—Albert Camus

Friday, June 30, 2017

The Foreign Emoluments Clause and the Diplomatic Gifts of the Founding-Era Presidents



Washington, Adams, Jefferson, Madison and Monroe—The Foreign Emoluments Clause and the Diplomatic Gifts of the Founding-Era Presidents and Vice Presidents, 1789–1825 (t/b/d).

If there is an opportunity to present at your law, history, or legal history workshop or colloquium with the start of the new academic year, please let me know.

For a "brief" summary of my views, see: Motion and Brief for Scholar Seth Barrett Tillman as Amicus Curiae in Support of the Defendant, Citizens for Responsibility and Ethics in Washington v. Donald J. Trump, President of the United States of America, Civ. A. No. 1:17-cv-00458-RA (S.D.N.Y. June 16, 2017) (Abrams, J.) (filed by Professor Josh Blackman & Robert W. Ray, Esq.) (discussing scope of the Constitution’s office-language and scope of the Constitution’s emoluments-language), Doc. No. 37, 2017 WL 2692500, https://ssrn.com/abstract=2985843. The brief, in turn, cites to many of my prior publications touching on these issues. 

For a different view, see: Zephyr Teachout, Corruption in America: From Benjamin Franklin’s Snuff Box to Citizens United (2014); Norman L. Eisen, Richard Painter & Laurence H. Tribe, The Emoluments Clause: Its Text, Meaning, and Application to Donald J. Trump, Governance Studies at Brookings 9 n.32 (Dec. 16, 2016), http://tinyurl.com/zsxrayjJed Shugerman, George Washington’s Secret Land Deal Actually Strengthens CREW’s Emoluments Claim [UPDATED], Shugerblog: Law, History, Emoluments, Quo Warranto… plus some family fun (May 30, 2017), http://tinyurl.com/ycfnuupo; John Mikhail, "Emolument" in Blackstone's Commentaries, Balkinization (May 28, 2017, 7:37 AM), http://tinyurl.com/yaw9w5pe. There is also a Mikhail-authored conference paper: see John Mikhail, The Historical Meaning of 'Emolument'Historical Semantics and Legal Interpretation (May 23, 2017, 1:45 PM), http://tinyurl.com/yaaagfw2 (no abstract, set of power point slides, or file is posted at the conference paper website, or on SSRN, or elsewhere as best as I can tell). 

Thank you,



Seth 

Seth Barrett Tillman, The Foreign Emoluments Clause and the Diplomatic Gifts of the Founding-Era Presidents, New Reform Club (June 30, 2017, 6:30 AM), http://tinyurl.com/yb6atw52


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