His global business empire creates ideal conditions for ongoing violations of the emoluments clause.
If Trump deliberately declines to cure his continuing violation of the emoluments clause upon entering office, Congress has both power and responsibility to enforce the constitution.
The Harvard lawyers laying the case for impeachment on the grounds of the "emoluments" or profits from overseas that would fatally compromise a Trump regime.
If he doesn't do this, some of them say, he will be in violation of the emoluments clause in the Constitution (Article 1, Section 9), which bars Presidents from taking payments of any kind from foreign states.
Still, for all of Blumenthal's legal experience and expertise, he admits that when Donald Trump was elected, last year, he had never heard of the emoluments clause of the Constitution.
"How is this an injury caused by his violation of the emoluments clause?" What followed was a drawn-out exchange over the jurisdictional issues raised by the suit: Why, Daniels kept asking, is this a matter for the courts, rather than for Congress?
As a result, a key question of the Trump era is whether he might be in violation of the Emoluments Clause of the Constitution, which prohibits officials from receiving gifts from foreign states, when, for instance, foreign diplomats pay for rooms at Trump hotels.
"I would ask Gorsuch what he thinks about the scope of the emoluments clause to whom does he think it applies, and in what context?" Another thing to consider is that forcing the Republicans to get rid of the filibuster may encourage Anthony Kennedy, the swing vote on the Court, to postpone his retirement, thereby depriving Trump of the opportunity to appoint another ultra-conservative judge.
This was an attempt to limit the reach of the emoluments clause to bribery (something the Supreme Court has already done with the legal definition of "corruption").
Since the moment he took office, Trump has almost certainly been in violation of the Emoluments Clause in Article I, Section 9 of the U.S. Constitution.
Federal judges have allowed two separate cases to go forward challenging whether the president is in violation of the emoluments clauses.
