Constitution Daily

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Podcast: The Emoluments Clause in court

October 26, 2017 by NCC Staff


Oral arguments were recently heard in the Southern District of New York about a novel case involving the President and the Constitution.

The Citizens for Responsibility and Ethics in Washington (or CREW) believes President Trump has violated the Foreign and Domestic Emoluments Clauses of the Constitution due to his failure to divest his business holdings in Trump hotels and other private enterprises. 

The Department of Justice on behalf of President Trump wants the district court to dismiss the case for various reasons, including CREW’s lack of standing to sue.

Joining us to discuss the case are two legal scholars who have followed the lawsuit and the constitutional issue at debate closely.

Josh Blackman is an Associate Professor of Law at the South Texas College of Law in Houston who specializes in constitutional law, the United States Supreme Court, and the intersection of law and technology. He filed an amicus brief in the CREW v. Trump lawsuit on behalf of another law professor, Seth Barrett Tillman.

Jed Shugerman is Professor of Law at Fordham Law School. He filed an amicus brief in the CREW/Emoluments litigation against President Trump along with a team of historians.


Today’s show was engineered by David Stotz and produced by Ugonna Eze and Scott Bomboy. Research was provided by Lana Ulrich.

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