I still don't think the Emoluments Clause is justiciable—it's an issue for Congress, not the courts—but Trump is clearly violating it.
Conservative professors, seizing on a 1974 Scalia memo, are arguing that the Emoluments Clause doesn't apply to the president. Nonsense.
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The record shows that Americans have understood the Emoluments Clause to bind the president from ratification up through the present.
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Anyone who contorts the Emoluments Clause to somehow exclude the president is surely motivated by politics. The argument is just too silly.
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Who is arguing this bullshit?? Agree standing is tough, but not positive completely impossible. Be pretty easy to gin up a test case
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Okay,that is not overly convincing (though may ultimately be right!).
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I don't think it's convincing. The "office/officer" argument strikes me as specious for all the reasons Tribe gave.
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... is this a 1974 memo before or after August 9, 1974?
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@Boogar_Sugar Pretty sure Trump's Supreme Court nominee will be Scalia's corpse. They love that dude.Thanks. Twitter will use this to make your timeline better. UndoUndo
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"conservative" professors
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@daveweigel This is a powerful example of just how utterly awful Scalia was both as a jurist and a person.Thanks. Twitter will use this to make your timeline better. UndoUndo
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Trump will appoint Supreme Court justices on the litmus test of whether they'll let him get away with theft
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They're constitutional originalists, except for when it's inconvenient.
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Conservatives would NEVER accept that argument if HRC were president (and nor should anyone).
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Where can one find a copy of this memo?
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It doesn't matter if Congress won't impeach. That will set precedent.
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It is OK to be a conservative. It is not OK to put party over country. Ever.
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