Emoluments Clause from Encyclopedia Britannica

 

The emoluments clause, also called the foreign emoluments clause, is a provision of the U.S. Constitution (Article I, Section 9, Paragraph 8) that generally prohibits federal officeholders from receiving any gift, payment, or other thing of value from a foreign state or its rulers, officers, or representatives. The clause provides that: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.

The Constitution also contains a “domestic emoluments clause” (Article II, Section 1, Paragraph 6), which prohibits the president from receiving any “Emolument” from the federal government or the states beyond “a Compensation” for his “Services” as chief executive.

 
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The plain purpose of the foreign emoluments clause was to ensure that the country’s leaders would not be improperly influenced, even unconsciously, through gift giving, then a common and generally corrupt practice among European rulers and diplomats. An early version of the clause, modeled on a rule adopted by the Dutch Republic in 1651 that forbade its foreign ministers from receiving “any presents, directly or indirectly, in any manner or way whatever,” was incorporated into the Articles of Confederation (1781) as Article VI, Paragraph I: Nor shall any person holding any office of profit or trust under the United States, or any of them, accept any present, emolument, office or title of any kind whatever from any King, Prince or foreign State; nor shall the United States in Congress assembled, or any of them, grant any title of nobility.

All but the prohibition of titles of nobility was dropped from the initial draft of the Constitution but eventually restored at the request of Charles Pinckney, who argued at the Constitutional Convention for “the necessity of preserving foreign Ministers & other officers of the U.S. independent of foreign influence.” The final text of the clause included a provision that permitted acceptance of foreign gifts with the explicit approval of Congress, perhaps reflecting the awkward experience of Benjamin Franklin, who as American minister to France had been presented with a bejeweled snuff box by Louis XVI and, not wishing to offend the king, asked Congress for permission to keep it (permission was granted).

Although there has been some debate regarding the exact meaning and scope of the foreign emoluments clause, nearly all scholars agree that it applies broadly to all federal officeholders, appointed or elected, up to and including the president. That interpretation is supported by the historical record, such as it is, of the Constitution’s drafting as well as by the past practice of presidential administrations and Congresses. Thus Edmund Jennings Randolph, one of the Framers, remarked at the Virginia ratifying convention that the clause protected against the danger of “the President receiving Emoluments from foreign powers,” even asserting that a president who violates the clause “may be impeached.” There was no recorded dissent from Randolph’s view. From at least the early 19th century, presidents who were offered gifts by foreign states routinely requested Congress’s permission to accept them, and foreign rulers were politely informed (sometimes by the president himself) of the constitutional restriction regarding gifts. (The sole exception seems to have been George Washington, who accepted a print from the French ambassador without consulting Congress.)

The foreign emoluments clause also broadly encompasses any kind of profit, benefit, advantage, or service, not merely gifts of money or valuable objects. Thus, it would prohibit a federal officeholder from receiving special consideration in business transactions with a foreign state (or with a corporation owned or managed by a foreign state) that gave the officeholder a competitive advantage over other businesses. Arguably, as the legal scholar Laurence Tribe and others have suggested, the clause would forbid even competitively fair transactions with foreign states, because the profit accruing to the officeholder would fall within the ordinary meaning of “emolument,” and because such arrangements would threaten exactly the kind of improper influence that the clause was intended to prevent.

PowerfulRights heads to Washington DC for Kavanaugh hearings and protests

Kavanaugh, Trump's pick is a 1505 criminal

Brett sent me down in a last ditch effort to get Democratic Senators to take some kind of legal action to stop the proceedings for the Supreme Court Nomination., after weeks of run arounds, and un returned emails. We talked to Menendez, Booker,  Feinstein, Tina Smith(took over Franken’s seat, ), Gillebrand and emailed Merkely, Hirono, Klobouchar, and Leahy.  Nada in return.

We also reviewed Senator Merkley’s case against Trump, which was filed the day the original vote was to be scheduled. It was filed without any motion to expedite or TRO- we shot an email to the lead attorney- who shot back an email with the TRO, just filed, literally 48 hours before the vote was scheduled. It was very well written, but there was no time for a hearing, let alone time to appeal rulings from the district, which of course happen nearly instantaneously for Senators.

 

From the:

*hiding documents

*releasing documents at the last second

*limiting FBI investigations

*felony perjury and obstructing Congressional investigations

There was plenty of material to get injunctions on the process; but frankly, Congress does not seem to want to take extra steps or listen when others urge other steps.

 

 

Rosenstein, Trump and not just Russia rigged the election

A picture of Rod Rosenstein the AG for 2016 election stuff

Crazy news day.

Trump moving to fire Rosenstein. Dunno why or how either in this instance or under Nixon, the President Constitutionally wouldn’t have the power to do so. Hardly seems that applies in this present structure. The advice not to- still holds-  because the current momentum is too great to get the whole shebang back under wraps through firings. Millions of people know what is going on and are pretty worked up about it. It would be throwing gasoline on a fire.

The Russia investigation is Constitutional- it is really the sort of emoluments step- that should be taken on becoming a Presidential candidate- as expensive as that might be- financial transactions at that level are going to be numerous, and Trump transacted a lot of business with foreign countries.

Stormy Daniels and his transgressions with her- are really small potatoes- the campaign finance violations are major thing- and it brought down a Presidential candidate, John Edwards in 2004 or so. It also looks like they knowingly masked the transactions to avoid the attention to it.

The election itself was defective, from jump, and while the Russia portion is a part of it – the real story is in the pattern of actions over time, by the RNC.

The overall thing is, it can procedurally be shown that the difference in the election- amounting to 107,000 votes in unexpected wins over 4 states- .01% of the vote total- would be dwarfed by the sheer scale of the illegal state and near state interference in the election- the RNC, at least a million.

1.

The Electoral College election- the “real election” featured 50 unqualified electors- many states require that state officials *** cannot *** be electors- because it’s holding two offices, or must be from their specific districts. It seems super technical- but the electoral college is. If you use a faked birth certificate to get a drivers license- you don’t get to keep it and drive. Or, if it requires driver school certification that is faked- the license will be revoked. While this could be considered a smaller violation that would be let pass under most circumstances, the defect certainly allows and perhaps requires a closer look at the underlying processes.

https://my.pcloud.com/publink/show?code=788otalK

2.

The RNC was under consent decree- a court ordered agreement with the DNC – to stay away from ballot security initiatives- for almost 30 years- because of how many felonies the RNC committed in New Jersey in 1982 Gubernatorial election. Further this was a sweeping decree in which the RNC agreed not only as an organization, but to prevent members, state parties, and related entities from engaging in these activities.

They were found, in court, to have violated those consent decree

In 1987, 1990, and 2004. In 2008 the Courts found no violation, though the facts seem to suggest otherwise.

As these are felony violations, the RNC could be considered a hardened criminal, especially since the Courts say corporations are people.

The term “ballot security” is defined in the 2009 modification as follows: (3) . . . any program aimed at combatting voter fraud by preventing potential voters from registering to vote or casting a ballot. Such programs include, but are not limited to,6 the compilation of voter challenge lists by use of mailing or reviewing databases maintained by state agencies such as motor vehicle records, social security records, change of address forms, and voter lists assembled pursuant to the HAVA7;

Essentially- because Republicans have been found to be suppressing the votes of minorities- felony Constitutional violations, multiple times, they are forbidden from making decisions that would stop people from voting, or anything that would involve making sure that voter registration was accurate, or the polls were more secure, because they could not be trusted to do so without racial discrimination

Then they passed Voter ID laws in 14 states to improve the ballot security, and started a program called CrossCheck, which ended up with more than 98 million records- identifying 7.2 million of them as ‘double voters”- potential felons- because first and last names matched up in different states- recommending that people be purged in both states.

These laws were found in two different states- to have been passed with racially discriminatory intent.