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Jamie Raskin Debunks Trump's Emoluments Clause Fallacy

Brian Tyler CohenJune 20, 202442 min4,672,522 views
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The Emoluments Clauses Explained

  • ⚖️ The Domestic Emoluments Clause prevents the President from receiving any payment beyond their fixed salary from the U.S. government or any state.
  • 🌍 The Foreign Emoluments Clause prohibits any U.S. official from accepting gifts, payments, or titles from foreign governments without Congressional consent.
  • 💡 These clauses were designed to prevent the President from plundering public resources and to ensure exclusive fiduciary loyalty to the American people, breaking from monarchical traditions.

Trump's Violation of the Emoluments Clauses

  • 🏢 Donald Trump actively courted foreign government business for his hotels and golf courses, expanding his interaction with them instead of divesting.
  • 💰 A report found Trump collected nearly $8 million in documented payments from foreign governments, primarily China and Saudi Arabia, through his businesses.
  • 🚫 Trump's defense—that he could accept foreign payments if he declined his salary and donated profits—is a fallacy that contradicts the Constitution's absolute language.
  • 🏛️ The Trump International Hotel in Washington, D.C. also violated its lease, which prohibited any government official from collecting revenue from it.

The Fallacy of Declining Salary and Donating Profits

  • ❌ The Constitution's text is absolute and all-encompassing regarding foreign emoluments; it does not include exceptions for declining salary or donating profits.
  • 💰 The argument that donating profits is acceptable ignores the core design of the clauses, which aims for exclusive loyalty to the U.S., not a trade-off between U.S. salary and foreign payments.
  • 📈 The idea of self-determining
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Emoluments ClauseDonald TrumpJamie RaskinForeign Government PaymentsPresidential SalaryConstitutionArticle 2 Section 1 Clause 7Article 1 Section 9 Clause 8Congressional ConsentFiduciary DutyDemocracy SummerImpeachmentTrump HotelsTrump Golf CoursesJared Kushner
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