Offices and Officers of the Constitution, Part V: The Elector Incompatibility, Impeachment Disqualification, Foreign Emoluments, and Incompatibility Clauses
Exactly eight years ago, President Trump was sued for violating the Foreign Emoluments Clause. Most people had never heard of this provision of the Constitution. Ultimately, none of the various cases made it to a final judgment. President Biden’s inauguration in January 2021 ended all of the litigation.
Four years later, we expect litigation over the Emoluments Clause to resume at any minute.
I am happy to share the fifth installment of my ten-part series with Seth Barrett Tillman on the offices and officers of the Constitution.
Josh Blackman & Seth Barrett Tillman, Offices and Officers of the Constitution, Part V: The Elector Incompatibility, Impeachment Disqualification, Incompatibility, and Foreign Emoluments Clauses, 63(3) S. Tex. L. Rev. 237–425 (Oct. 2024), <https://ssrn.com/abstract=4527680>;
Here is the abstract:
The Constitution of 1788’s original seven articles include twenty-two provisions that refer to “offices” and “officers.” Some clauses use the words “office” or “officer,” standing alone and unmodified. Other clauses use the word “office” or “officer” followed by a modifier, such as “of the United States,” “under the United States,” or “under the Authority of the United States.” We refer to the language in these twenty-two provisions as the Constitution’s divergent “office”- and “officer”-language.
This Article is the fifth installment of a planned ten-part series that provides the first comprehensive examination of the offices and officers of the
Article from Reason.com
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