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Hans von Spakovsky is an authority on a wide range of issues—including civil rights, civil justice, the First Amendment, immigration, the rule of law and government reform—as a senior legal fellow in The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies and manager of the think tank’s Election Law Reform Initiative. Read his research.
GianCarlo Canaparo is a legal fellow in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.
President - Donald - Trump - Second - Lawsuits
President Donald Trump has won the second of three lawsuits alleging he violated the Constitution because foreigners and state officials patronize his businesses, such as the Trump Hotel in Washington, D.C.
The 4th U.S. Circuit Court of Appeals dismissed the claim by Maryland and the District of Columbia that Trump was violating the Constitution’s domestic and foreign emoluments clauses.
The foreign emoluments clause reads:
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 domestic emoluments clause reads:
The President shall, at stated Times, receive for his Services, a Compensation which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Suit - Circuit - Plaintiffs - Court - Time
In throwing out this latest suit, the 4th Circuit chastised the plaintiffs for wasting the court’s time with a plainly meritless case.
The court also scolded federal Judge Peter Messitte, a Clinton appointee, for not throwing out the case sooner and for refusing to let the president appeal his erroneous rulings.
Messitte - Faulty - Blinks - Reality - Court
Messitte’s faulty reasoning “blinks reality,” the court said, and his actions “amounted to a clear...
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