Tag Archives: The Constitution

The Emoluments Clause – More Clarification About Why The Trump Presidency Violates The U.S. Constitution

Download the whole paper from Brookings.

The Emoluments Clause: Its text, meaning, and application to Donald J. Trump

Norman Eisen, Richard Painter, and Laurence H. Tribe

Never in American history has a president-elect presented more conflict of interest questions and foreign entanglements than Donald Trump. Given the vast and global scope of Trump’s business interests, many of which remain shrouded in secrecy, we cannot predict the full gamut of legal and constitutional challenges that lie ahead.  But one violation, of constitutional magnitude, will run from the instant that Mr. Trump swears he will “faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” While holding office, Mr. Trump will receive—by virtue of his continued interest in the Trump Organization and his stake in hundreds of other entities—a steady stream of monetary and other benefits from foreign powers and their agents.

constitution-new

My Song To The Electors: Who Do You Stand For?

I_Voted_StickerHere is my song to the Electors. (References below that explain everything! :-)

Who Do You Stand For? (MP3)  (Lyrics below)

Not only did Hillary get more votes than Trump, Trump is disqualified in at least one very important way.

The electoral college was created just for this reason: as a safeguard against an unqualified or disqualified president-elect. (In this case, we have both a disqualified president and millions of votes proving the electoral college is broken. Time for the electors to do their job, and stop the madness.

And yeah, next we get rid of the electoral college!

Who Do You Stand For? (MP3)  (CC-BY-SA)

Music and Lyrics by Lisa Rein.

Here we go on the roller coaster of our lives
The smoke is still clearing slowly
as we’re all scrambling
I can’t help wondering

Who do you stand for?
I’m asking you
asking you
Give me your answer
I’m asking you
asking you

We went to vote
We cast our ballots on that day
The people have clearly spoken
We told you what to do
Now it’s all up to you

Hey are you listening?
I’m asking you asking you
give me your answer
I’m asking you
asking you

Cause we’re running out of time
And there’s too much on the line
So start showing me a sign

I think you know how much it matters

Give me your answer
I’m asking you asking you
Who do you stand for?
I’m asking you asking you

I can’t ask anymore

References:

And So They Will Decide – Lawrence Lessig
The Electors Can Do It Monday: We Can Demand They Recognize the Popular Vote, On Lisa Rein’s Radar
Will Electors Vote Their Conscience and Prevent a Trump Presidency?, Rolling Stone
The Constitution lets the electoral college choose the winner. They should choose Clinton., Lawrence Lessig
Stephen Colbert Asks: Is Trump Only Violating Norms or Laws? (Video)
Lawrence Lessig: Electors Are Constitutionally Permitted To Vote Their Conscience, And Should Do So – Video and Video Transcript

 

Stephen Colbert Asks: Is Trump Only Violating Norms or Laws?

Stephen Colbert explains how much of the Presidential behavior, such as publishing one’s tax returns, are merely norms we have come to expect from a President, not actually required by law.

Except for Trump’s blatant conflict of interest with his hotel chain (as diplomats are already lining up to stay there, hoping to gain favor). It turns out the good old U.S. Constitution has something to say about that:

The Emoluments Clause of the Constitution, explicitly states that:

“no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.”

Here’s Stephen Colbert explaining “The Emoluments Clause,” which, as he puts it, is a fancy word for “bribe.”

The Law Trump’s Conflicts of Interest May Be Directly Violating? Only the U.S. Constitution.

Article 1, Section 9, Clause 8 of The Constitution, the so-called “Emoluments Clause,” states clearly that:

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.

As this article in Business Insider explains:

One of dozens of proscriptions in the Constitution aimed at fighting corruption, the emoluments clause is one of the only ones that actually applies to the president. Critics of President-elect Donald Trump‘s potential financial conflicts of interest are pointing to it amid reports about his extensive business dealings with foreign entities, including the state-owned Bank of China.

Some critics point to recent troubling reports — that Trump allegedly asked British politician Nigel Farage to push against wind farm development near a Trump golf course, and that the president-elect reportedly lobbied Argentinian president Mauricio Macri to help expedite a stalled Buenos Ares development — as signs that Trump is already using his clout improperly.

In a meeting Tuesday with the New York Times, Trump seemed to confirm the reports about his talk with Farage.

But Trump’s camp is denying the reports about Macri, and the president-elect tweeted on Monday night that his “interests in properties all over the world” have been public knowledge for awhile and that it’s “only the crooked media” that is making “this a big deal” now.