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To: nikos1121
The emoluments clause does not pertain to the president or vp. Everyone knows this.

Sure it does. See post #13

18 posted on 03/28/2018 11:04:08 AM PDT by rjsimmon (The Tree of Liberty Thirsts)
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To: rjsimmon
If that were true then why hasn't any president ever been taking to court under it?

The Department of Justice, in a 1974 Opinion Letter, by Assistant Attorney General Scalia, suggested that this clause does not apply to the president: “when the word ‘officer’ is used in the Constitution, it invariably refers to someone other than the President or Vice President.”(Emphasis in original.) Scalia relied on an 1878 Supreme Court case concluding that “officer of the United States” only refers to appointed officials.

I contend that no one knows for sure, since is has never been litigated. I've heard arguments that it does not apply to the President or VP. Trump, nevertheless has contended that it does NOT apply to the president, but he has taken the step to return any money made thru Trump holdings while he is president.

24 posted on 03/28/2018 11:30:15 AM PDT by nikos1121 (Let's get Newt in there in some capcity.)
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