Ciara Torres-Spelliscy (Stetson University College of Law) has posted From a Mint on a Hotel Pillow to an Emolument (Mercer Law Review Vol. 70, No. 3 (2019)) on SSRN. Here is the abstract:
Is President Trump illegally profiting from the Presidency? Answering this question actually requires complex constitutional interpretation that breaks new legal ground and could change the rules for all future presidents.1The answer may also impact those who wish to deal with President Trump’s businesses. Depending on the outcome of cases invoking the Constitution’s two Emoluments Clauses, many commercial interactions with the Trump Organization that are kosher today, may be ruled unconstitutional tomorrow.
This piece explores the early litigation over whether President Trump violated both the foreign emoluments clause and the domestic emoluments clause of the U.S. Constitution. Litigation over these matters was still on-going in 2020.
