The so-called “emoluments clause” of the U.S. Constitution has almost never been a subject of litigation. The election of Donald Trump to the presidency, unprecedented as it is in so many respects, has brought the topic of foreign emoluments to the forefront as a fighting issue. The Constitution does not, you will observe, come straight out and say that an official of the United States cannot do business with foreign governments. They think the constitution forbids foreign emoluments only to subordinate officials, appointed by the government of the U.S. itself, and not to those elected by the people. The Blackman-Tillman theory explains many details of the constitution, including some outside the emoluments clause, that are hard for modern folk to understand otherwise.

Source: National Post October 01, 2018 21:11 UTC