Emoluments Entanglements

Staining Washington & Jefferson with the pejorative "drug dealers" is a stretch. :rolleyes: They were farmers engaged in legal crops.Addictive drugs weren't illegal until the late 19th Century.

I've never seen any indication that they were exporters. I also doubt foreign princes were importers. More like, in a mercantile era, trade was carried on by private companies.

Having given quite a few political donations, let me say, I had no expectations of getting something in return. I did it to improve the chances of someone with my political viewpoint being in office.

So they would do what you want them to do... right? But you're not a corporation, if the politician who got your money took far more money from corporate America what side do you think they'll take? As for Jefferson and Washington, they were drug dealers but that doesn't 'stain' them, being slave owners stains them.

Were they selling their crops to other people? Yes... How could they do that if emoluments prohibited them from taking money from customers?
 
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The degree to which the president turns out to be entirely above the law while in office has been one of the biggest surprises of the Trump presidency to me. I always naively assumed that this is a rule of law society, where the president is legally just another citizen, albeit a very powerful one. But as it happens, it looks like everything is designed assuming that the president has some level of fundamental decency (at least on Nixon's level) and isn't just going to exploit their near-immunity and violate every law they feel like violating and be as corrupt as desired. Or at least that Congress would impeach and remove the president if this happened.

It's funny to me to listen to some Baby Boomers describing how serious Watergate was at the time, and how cynical it made them feel. It strikes me that they grew up in an amazingly naive time, with an astoundingly high level of trust in just about every institution. We live in an era today where, if Trump and co. had been behind a burglary at the DNC's headquarters and tried to cover it up, it would be utterly routine - just one of many scandals. There would be no way in hell that Trump could lose the support of the GOP just for something like that - instead they'd throw up a rhetorical smokescreen of whataboutism and equivocating for a few days, and then they'd move on to the next scandal. The media would circle back to Watergate every so often, but it would only be like #5 on the scandal list. Definitely below Watersportsgate.
To me the answer, simply and concisely stated is this:
The Democrats controlled both houses of congress
It's really that simple. If the Democrats controlled both houses of Congress, the system would be working as intended, and Trump would have already been impeached.

Our made up ideals and truths work just fine... as long as we follow them and hold our own accountable to them. The Republicans don't/won't so cynicism understandably rules the day. Get rid of the Republicans and our values return. The false-equivalence, whataboutism and cognitive dissonance is what fuels the cynicism.
 
Having given quite a few political donations, let me say, I had no expectations of getting something in return. I did it to improve the chances of someone with my political viewpoint being in office.
Oh, you're referring to the 'donations' made by the little people who want to feel like they're contributing. Berzerker was talking about the people who 'donate' to their employees in Washington in order to spin the wheel they want it spun.

It's almost as if there's an incredible case to be made to make a concerted effort to limit donations to political causes to per person limit ...
 
Nixon didn't lose the support of the GOP over the break in at the Watergate. The Democrats controlled both houses of congress, so the investigations were not the "see no evil" monkey shows that have annoyed Trump, they were the real deal. Nixon aids couldn't just tell the judicial committee "no, it isn't executive privilege I guess, but I am just not gonna answer." So there was nasty stuff about what Nixon and his minions were doing coming out every day.

With his staff unable to just not answer, they lied. Congress knew they lied. Everybody knew they lied. And the purpose of the special prosecutor was to prove they lied and throw them in jail. But another thing that everyone, including Nixon, knew was that at least some of those weasels who had been willing to lie to congress would not be interested in going to jail for it, and they would roll to avoid it; testifying that Nixon had suborned them into perjury to congress. So he attacked the separation of powers directly, by trying to stop the investigation in order to protect his minions. With a Democrat majority there was no question that the House would impeach, and with a Democrat majority in the Senate there were going to be no delays or shenanigans to keep it off the floor. Senate Republicans were either going to have to find him guilty, which he obviously was, or claim to find him innocent in the face of insurmountable evidence. Either way, in November they would have been annihilated for whatever they did.

So he lost the Senate Republicans, and they let him know that he'd lost them. Faced with, on the one hand, the indignity of being impeached and removed from office, and on the other with the absolute destruction of the GOP if there had been an actual floor vote in the Senate on articles of impeachment, he bailed.

To me the answer, simply and concisely stated is this:
It's really that simple. If the Democrats controlled both houses of Congress, the system would be working as intended, and Trump would have already been impeached.

Our made up ideals and truths work just fine... as long as we follow them and hold our own accountable to them. The Republicans don't/won't so cynicism understandably rules the day. Get rid of the Republicans and our values return. The false-equivalence, whataboutism and cognitive dissonance is what fuels the cynicism.

Let's suppose the GOP does as badly as they possibly could in November. In the Senate, they defeat no Democrats and lose NV, AZ, and TN, bringing about a 52-48 Democratic majority. The Dems also win the House 235-200.

Under this environment, Trump probably would be impeached for one or more of the various impeachable offenses he has committed. The Senate subpoenas various Trump minions and holds serious investigations. Lots of compromising real facts spill out, along with alternative facts of course.

Do you think there's a significant chance that enough Senate Republicans would turn on Trump that his removal from office would be assured, as happened to Nixon in 1974?

I strongly suspect the answer is no, unless Trump's approval rating finally buckles and falls below ~30%. Opposing Trump, no matter how egregious his behavior, tends to cost elected Republicans their primaries, and will continue to do so unless a big chunk of the base finally turns - which is a pipe dream absent an economic collapse. Things appear to have changed so that there really isn't anything the president can do that would ensure his removal.

Timsup2nothin said:
And if you've seen X-Men: Days of Future Past you know that at the time there were "three networks, plus PBS." No fake news, just the news, and Nixon's nastiness was in everyone's living room at six o'clock every night.
That's of course a big part of what was different. The news media in the mid-20th century were more centralized than they ever were before or since. Newspapers in the 19th century had a variety of opinions, were clearly and loudly biased, and sort of created bubbles of "alternative facts" not totally unlike the present. But the radio era, and especially the early TV era, really seemed to feature everyone following roughly the same core narrative, with the newspapers having become relatively tame, the fairness doctrine ruling the radio, and the fairness doctrine plus the tiny number of channels controlling what was heard on TV news.

Nowadays, it seems strange to imagine people sitting around their TV and just believing whatever the anchors of the Big Three networks said was fundamentally true and presented neutrally, but apparently that was sort of the case in the past.

Boots, they aren't naive. They just had a generation older than them that very much understood the costs of not making those hokey "made up" ideals a truth. I'd say having no draft looming makes our ascendant generations blind to the costs of unremitting destructive cynicism. It's been a luxury that we all have been allowed to forget.

Yeah, I certainly wouldn't accuse the Great Depression/WWII generation of naivety. But the 1946-1965 era seems like a bizarrely trusting time to me, with some of that trust going on to survive Vietnam and only dying with Watergate. As above, the centralized nature of the news media would have been a big part of that.

A draft is a powerful deterrent to starting pointless, unending wars. Other than that, though, it's hard to see how it would do much to encourage basic civility and norm-following among politicians. Maybe the "we're all in this together" nature of it causes people to see each other more as fellow citizens who may disagree rather than mortal enemies, IDK. I kind of suspect that feeling came more from the aftereffects of WWII and the ongoing nature of the Cold War, rather than because the draft was either in effect or a very real possibility throughout that era.

We've had at least some evidence against this since before I was born, "rule of law society" has not 100% applied to any president in recent memory. You can make a legit case that present scenario is more visible and/or has higher prevalence and scrutiny, but if we're seeing anything new it's a matter of rate/scale, not occurrence vs not.

Wouldn't hurt to do things properly regardless though.
Of course it's a matter of rate and scale, and no society has ever had perfect rule of law. I just didn't realize, pre-Trump, that the rule of law regarding the US president is so weak.
 
So they would do what you want them to do... right? But you're not a corporation, if the politician who got your money took far money from corporate America what side do you think they'll take? As for Jefferson and Washington, they were drug dealers but that doesn't 'stain' them, being slave owners stains them.

Were they selling their crops to other people? Yes... How could they do that if emoluments prohibited them from taking money from customers?

Customers? Do you see the word customers:

"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."
 
:deadhorse::shake:

Moderator Action: Please don't compose a post entirely of smilies. Thank you. ~ Arakhor
 
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they're customers if they're staying at Trump's hotel...or buying Washington's whiskey or Jefferson's wine

Are you okay with diplomats intentionally staying at his hotel to get on his good side? Or do you think it crosses a line that we actually don't want crossed?
 
If Trump's being bribed its not because someone stayed in his hotel, so that doesn't bother me

Zkribbler, how are people staying at Trump's hotel not customers? If they were buying whiskey from George Washington or wine from Thomas Jefferson, would they be customers? Whats the difference?
 
If Trump's being bribed its not because someone stayed in his hotel, so that doesn't bother me

Zkribbler, how are people staying at Trump's hotel not customers? If they were buying whiskey from George Washington or wine from Thomas Jefferson, would they be customers? Whats the difference?

As I said earlier, kings, princes, and foreign states were not buying buying whiskey from George Washington and wine from Thomas Jefferson. Repeating a wrong argument does not make it right.

People staying at Trump Hotels, playing on Trump golf courses, and attending Trump University are indeed customers. Customers generate profits. Profits are a form of emoluments. It is unconstitutional for a President to accept emoluments "from any King, Prince, or foreign State."
 
According to the cited article

In an effort to separate himself from his businesses, he turned over his company’s operations to his two sons, Don and Eric. He defended that he would not have any business-related contact with them while he serves as president. The Trump International Hotel has also vowed to donate any profits made from foreign governments to the U.S. Treasury.

It is difficult to see how Donald Trump is benefiting from emoluments if (big if) any profits from foreign governments go to the Treasury.


Federal courts have been struggling with the relatively simple question of whether Trump International Hotel profits derived from foreign governments violates the emoluments clause of the Constitution. [They do.]
Now, it looks as if we may finally get a ruling. :hammer:

BTW: The govt's argument that the President must have "corrupt intent" is incorrect. What is critical is the intent of the person paying the bribe


This is backwards logic, making people guilty until they can prove themselves innocent.

I have a bank account with sort code and account number. Anyone in the world who knows those and has access to electronic funds can pay into it.
No this is not a begging post from England. I am sure that the same is true for Donald Trump, State Governors and Supreme Court justices.

By that logic any foreign government can message them asking them to vote x way, transfer one dollar to them and they are guilty of corruption.

I suspect that this action against the Donald will fail at one stage or another.

But if I was Donald, I would say I am going to spend three months properly preparing my defence during which I will, what with all
my onerous POTUS duties, be too busy to respond to the other (i.e. any more serious allegations likely to be upheld) legal claims.
 
Do you think there's a significant chance that enough Senate Republicans would turn on Trump that his removal from office would be assured, as happened to Nixon in 1974?
As I've repeatedly said... No. Absolutely not. But again... the problem is the bolded, not necessarily the system. Get rid of them, and the system will functiom.

What you seem to be talking about is a seperate issue. For instance... it does not matter that a Democratic majority would be able to impeach, but not remove Trump. A Democratic majority would be able obstruct, frustrate and nullify his damaging actioms and agenda. Again, the more Republicans you get rid of, the better the system will function.
 
Of course it's a matter of rate and scale, and no society has ever had perfect rule of law. I just didn't realize, pre-Trump, that the rule of law regarding the US president is so weak.

I did, and it's why I opposed almost everything that was done in the aftermath of 9/11.
 
To be clear, I think the foreign copyright granting is the clearest granting of emoluments. I literally think it's an impeachable offense. Not because it's obviously odious, but because it's obviously improper.


"What do you expect them to do, not ask for copyright? That's their business!" people will object.

Yes, actually, don't put yourself in a position where it's unclear if a foreign government is bribing you and then run for President. It's a conflict of interest. The options were to either vote in someone without pending conflicts of interest or to insist that your candidate divest themselves of those conflicts.
 
As I said earlier, kings, princes, and foreign states were not buying buying whiskey from George Washington and wine from Thomas Jefferson. Repeating a wrong argument does not make it right.

People staying at Trump Hotels, playing on Trump golf courses, and attending Trump University are indeed customers. Customers generate profits. Profits are a form of emoluments. It is unconstitutional for a President to accept emoluments "from any King, Prince, or foreign State."

How do you know who was buying their crops and booze?

In Federalist No. 22, Alexander Hamilton stated, "One of the weak sides of republics, among their numerous advantages, is that they afford too easy an inlet to foreign corruption." Therefore, to counter this "foreign corruption" the delegates at the Constitutional Convention worded the clause in such a way as to act as a catch-all for any attempts by foreign governments to influence state or municipal policies through gifts or titles.

https://en.wikipedia.org/wiki/Title_of_Nobility_Clause

Gifts and titles, not commerce... By your logic nobody in office could do business with other countries.
 
By your logic nobody in office could do business with other countries.

:rolleyes: Not my logic; not my words. What I said was that no officer of the US government can make a profit from "from any King, Prince, or foreign State." That is the Constitution. QED
 
It doesn't say profit and by that logic nobody in the government could sell their goods to other countries. Certainly that would have come up long ago in the courts if commerce was an emolument.
 
It doesn't say profit and by that logic nobody in the government could sell their goods to other countries.

You're wrong three times:
1) From Dictionary.com defining emolument: "profit, salary, or fees from office or employment; compensation for services."

2) "nobody in the government" is not "no Person holding any Office." Holding office means:
a : a special duty, charge, or position conferred by an exercise of governmental authority and for a public purpose : a position of authority to exercise a public function and to receive whatever emoluments may belong to it
b : a position of responsibility or some degree of executive authority
:mad: I can't find it right now, but I once came across a detailed explanation stating that "holding office" referred to the President, VP, and cabinet heads, but not to rank-and-file bureaucrats, legislators & judges.

3) It sounds like by "other countries," you mean people in other countries. The Constitution prohibits receiving emoluments from foreign States, i.e. from foreign governments, not every Tomas, Jacques, and Harriet.

:deadhorse:Beating this dead horse over and over again is becoming tiresome. I have better things to do. C'ya. :hide:
 
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