ABSTRACT

'Landlord and Tenant: The Trump Administration's Oversight of the Trump International Hotel Lease,' Statement of Michael A. Foster, Legislative Attorney, Before Committee on Transportation and Infrastructure Subcommittee on Economic Development, Public Buildings, and Emergency Management, U.S. House of Representatives [September 25, 2019]   [open pdf - 987KB]

From the Document: "For most of their history, the Foreign and Domestic Emoluments Clauses (collectively, the 'Emoluments Clauses' or the 'Clauses') were little discussed and largely unexamined by the courts. But recent litigation involving President Trump has led to multiple federal court decisions more fully addressing the Clauses' scope and application. This testimony will accordingly provide an overview of the Emoluments Clauses as they relate to the President, focusing on the legal issues that have been central to the recent litigation. More specifically, this testimony will discuss (1) the history and purpose of the Clauses; (2) whether the President is a person holding an 'Office of Profit or Trust under [the United States]' for purposes of the Foreign Emoluments Clause; (3) the scope of the Emoluments Clauses, focusing specifically on disputes over the breadth of the term 'emolument'; and (4) whether the Clauses may be enforced in court and by whom."

Report Number:
CRS Testimony, TE10037
Author:
Publisher:
Date:
2019-09-25
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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