William Baude on the Foreign Emoluments Clause

Some misgivings about the Foreign Emoluments Clause arguments

I keep getting asked questions about whether Donald Trump’s foreign business dealings will run afoul of the Foreign Emoluments Clause, which says:

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.

I ultimately do not have a firm view on this question, which means I have not been wholly convinced by the very firm views I have seen bandied about on both sides. But here are a few thoughts...

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