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What Trump Can Teach Us About Con Law

The Emoluments Clauses

What Trump Can Teach Us About Con Law

Roman Mars

Government

4.74.2K Ratings

🗓️ 20 July 2017

⏱️ 18 minutes

🧾️ Download transcript

Summary

The Constitution says that a “person holding any office of profit or trust” cannot accept gifts from any foreign state. In Article II, it also says the president specifically cannot accept gifts from “United States, or any of them.” If Trump businesses profit from a foreign or domestic state, is that a violation of either one of the emolument clauses? It’s hard to say, because there is literally no case law when it comes the emoluments clause. None!

Transcript

Click on a timestamp to play from that location

0:00.0

When you are the President of the United States, you receive gifts. A lot of gifts.

0:05.4

Many of them are what you'd expect, ceremonial platters, crystal vases, frame pictures,

0:11.9

and other things that seem appropriate to present to a president.

0:15.6

Other gifts are more unusual.

0:17.6

Take the gift of King Moncotte, who ruled Siam in the 19th century.

0:21.6

His relationship with his governess was the

0:24.3

inspiration for the Rogers and Hammerstein musical, The King and I.

0:27.6

Getting to know you, getting to know all about you.

0:35.0

In 1861, the real king of Siam sent a sword,

0:40.0

to elephant tusks, and a photograph to President James Buchanan.

0:44.2

Buchanan was in the last month of his administration at the time.

0:47.2

Good riddance.

0:47.8

The king also offered President Buchanan several pairs of elephants that could be turned loose into the American wilderness.

0:54.4

They were so we could start our own wild elephant population.

0:57.8

It was left up to President Lincoln, Buchanan's successor to respond,

1:01.8

and he did with a polite refusal.

1:04.0

Oh, come on, Abe. Imagine elephants everywhere.

1:07.0

Lincoln explained to the Siamese king in a letter that, quote,

1:11.0

Our political jurisdiction does not reach a latitude so low as to favor

1:16.2

the multiplication of the elephant.

1:18.1

In other words, it's just not hot enough for them here.

1:20.4

I guess Lincoln has a point.

...

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