Emoluments breaking news:
4th Circuit votes 9-6 to reinstate DC & MD v. Trump.
Wilkinson's dissent is whiplash after Tuesday's Trump tax case:
Wilkinson: The remedy is Congress, not Courts!
Trump's argument in tax case: Congress has no power to subpoena!
assets.documentcloud.org/documents/6890…
4th Circuit votes 9-6 to reinstate DC & MD v. Trump.
Wilkinson's dissent is whiplash after Tuesday's Trump tax case:
Wilkinson: The remedy is Congress, not Courts!
Trump's argument in tax case: Congress has no power to subpoena!
assets.documentcloud.org/documents/6890…
Wilkinson dissent:
"But if plaintiffs cannot run to judges to enforce the Clauses, how could th[ey] ever guard against corruption? The answer is simple, common in our constitutional scheme: the interests protected by the Clauses are to be vindicated in...the courts of Congress."
"But if plaintiffs cannot run to judges to enforce the Clauses, how could th[ey] ever guard against corruption? The answer is simple, common in our constitutional scheme: the interests protected by the Clauses are to be vindicated in...the courts of Congress."
I addressed this question in a @washingtonpost op-ed Tuesday on the Trump Tax Cases:
"Since the framers focused on the historic dangers of secret bribes, it is fair to assume they wanted such secrets to be uncovered. How can these clauses be enforced without oversight?"
"Since the framers focused on the historic dangers of secret bribes, it is fair to assume they wanted such secrets to be uncovered. How can these clauses be enforced without oversight?"
In the op-ed, I link to an article I wrote w/@gauthamrao on the Emoluments clauses, extending our amicus brief w/ @_John_Mikhail @ArsScripta & Jack Rakove.
The "secret bribe" that troubled the Framers explicitly was the Secret Treaty of Dover of 1670.
washingtonpost.com/opinions/2020/…
The "secret bribe" that troubled the Framers explicitly was the Secret Treaty of Dover of 1670.
washingtonpost.com/opinions/2020/…
