President Accused Of Violating Title of Nobility Clause

Wait… What?

Yes that correct. A federal judge, Peter J. Messitte voiced skepticism about the Justice Department’s arguments that he should dismiss the lawsuit, filed last year by the District of Columbia and the State of Maryland, on the grounds that Mr. Trump’s continued ownership of his businesses was a political issue, not a legal one. The gist of the matter is, does the President gain financially from his business holding because foreign heads of state and dignitaries stay at his hotels or when they visit him at his golf course in Florida among other things. So what does violating the “Title of Nobility Clause,” have to do with this. Well, this is the clause in the Constitution which prevents him from this type of gain.

Article I, Section 9, Clause 8 of the United States Constitution:

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 whatsoever, from any king, prince, or foreign state.

Also known as the Emoluments Clause, the President has rode this horse before. Last year a federal judge in Manhattan dismissed a lawsuit alleging that President Trump is violating the Constitution’s foreign emoluments clause. An emolument is a salary, fee, or profit from employment or office. According to a transcript provided by NPR during a live news appearance, Sheri Dillion, a lawyer for the President said,  “No one would have thought when the Constitution was written that paying your hotel bill was an emolument. Instead, it would have been thought of as a value-for-value exchange, not a gift, not a title and not an emolument.” As you can see from the clause, the President can have emoluments, but it must be with the consent of the Congress. Moderator Peter Overby raised this point:  “So Trump has never asked permission of Congress, and Judge Daniels said it’s up to Congress, not citizens, to act on the Foreign Emoluments Clause. Congress is not a potted plant. Deepak Gupta, representing the plaintiffs, said there will be an appeal. “We are not going to walk away from this serious and ongoing constitutional violation. The Constitution is explicit on these issues.”

Well that day has come. In the suit filed in suburban Greenbelt, the District and Maryland they argue that they’re being injured in various ways, including through unfair competition from the Trump International Hotel with convention centers in Washington, Baltimore and Bethesda, as well as the MGM Casino at National Harbor. Maryland also says it’s losing tax revenue when the Trump hotel draws room and event bookings from private businesses in the state. Maryland Solicitor General Steven Sullivan said.”Our hospitality sectors cannot offer clients the the same opportunities to influence the president.” Judge Messitte is an  appointee of President Bill Clinton. This is the second emolument suit the President has faced. He also faces a third suit from 200 Democratic members of the House and Senate in federal court in D.C. which is still pending.

 

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