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onenote

(44,858 posts)
10. Doubtful.
Mon Dec 12, 2016, 07:22 PM
Dec 2016

At least not legitimate constitutional lawyers.

Leaving aside that there is no unanimity among scholars as to whether Trump's financial interests present an emoluments clause issue (for example, if a foreign head of state stays at one of the Trump hotels), and the general lack of any precedent to serve as a guideline, the bigger obstacle is that there is no way an individual can bring a suit to enforce the clause, just as there was no way the birthers could bring a suit against Obama.

Doesn't mean that people ought to be screaming about Trump's failure to follow historic norms when it comes to distancing himself from his business interests, but simply that the emoluments clause isn't a route by which private citizens could force him to do anything different.

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