scholarly journals The U.S. Constitution’s Emoluments Clauses: How History, Behavioral Psychology, and the Framers’ Understanding of Corruption All Require an End to President Trump’s Conflicts of Interest

2018 ◽  
Vol 7 (2) ◽  
pp. 257-289
Author(s):  
Don Mayer ◽  
Adam Sulkowski

Abstract The two Emoluments Clauses in the U.S. Constitution forbid federal officials from accepting “any present, Emolument, Office, or Title, of any kind whatsoever” from foreign or domestic governments. President Donald Trump’s business interests generate numerous opportunities to use public office for his personal benefit. This article examines the history of the Emoluments Clauses and the Framers’ conception of corruption. The conflicts of interest alleged in pending emoluments lawsuits against President Trump would not be allowable in the private sector, and various plaintiffs argue that the Emoluments Clauses apply to all public officials, including the President. The President’s lawyers have claimed he is exempt from the application of these clauses and have raised numerous procedural objections, such as challenging who might have” standing” to bring a lawsuit to compel his compliance with the clauses. Out of three cases filed in 2017, one has been dismissed, while two judges have recognized that the plaintiffs have standing. In each lawsuit, the President’s lawyers insist on a conception of corruption that is quid pro quo, where only bargained for exchanges count as corruption. While the Emoluments Clauses require public officials to get Congressional permission before receiving such benefits, the President’s position is that Congress must first demand an accounting of any personal benefits, rather than the burden being on the President to ask permission. Thus far, two courts have rejected that approach, and as of this writing, further appeals can be expected.

2019 ◽  
Vol 9 (1) ◽  
Author(s):  
Siavash Vatanchi

Whistleblowing has only been utilized in the fight against corruption effectively the past couple of decades. Today, while many public sector employees enjoy sweeping legislative protections, a significant portion of the 12 million Canadians working in the private sector remain inadequately protected. This paper will explore the shortcomings associated with the present Canadian system and examine how our whistleblower protections can be strengthened by incorporating world leading measures from countries like the U.S., U.K., Japan, as well as others. A case for the enactment of uniform legislation aimed at protecting all whistleblowers in Canada will ultimately be made. Even though the beneficial consequences of such an act will be multifaceted and profound, chiefly because it will put an end to the unequal rights public and private sector workers are afforded, the scope of this essay will be largely limited to exploring how expanding whistleblowing protections will allow Canada to better fulfill its international anti-corruption obligations under the Corruption of Foreign Public Officials Act.


Author(s):  
Rosina Lozano

An American Language is a political history of the Spanish language in the United States. The nation has always been multilingual and the Spanish language in particular has remained as an important political issue into the present. After the U.S.-Mexican War, the Spanish language became a language of politics as Spanish speakers in the U.S. Southwest used it to build territorial and state governments. In the twentieth century, Spanish became a political language where speakers and those opposed to its use clashed over what Spanish's presence in the United States meant. This book recovers this story by using evidence that includes Spanish language newspapers, letters, state and territorial session laws, and federal archives to profile the struggle and resilience of Spanish speakers who advocated for their language rights as U.S. citizens. Comparing Spanish as a language of politics and as a political language across the Southwest and noncontiguous territories provides an opportunity to measure shifts in allegiance to the nation and exposes differing forms of nationalism. Language concessions and continued use of Spanish is a measure of power. Official language recognition by federal or state officials validates Spanish speakers' claims to US citizenship. The long history of policies relating to language in the United States provides a way to measure how U.S. visions of itself have shifted due to continuous migration from Latin America. Spanish-speaking U.S. citizens are crucial arbiters of Spanish language politics and their successes have broader implications on national policy and our understanding of Americans.


2016 ◽  
Vol 14 (2) ◽  
pp. 77-90
Author(s):  
Bill Imada

In recent years, data has shown that there has been significant growth in Asian American Pacific Islander-owned (AAPI) enterprises. Driven by demographic changes, related in large part to the history of immigration policy, the AAPI population has been growing, and this has been accompanied by AAPI innovators and entrepreneurs leaving greater marks on American society and the U.S. economy. This growth, however, is not without risks and threats. The legacy of being “othered” by mainstream society means that AAPI success in business and in the corporate landscape can be met with resentment and criticism. This article explores the history of AAPI entrepreneurship and current trends. It also examines the challenges that the community may continue to face and offers recommendations on how to ensure continued growth and expanded opportunities for AAPIs in business.


1988 ◽  
Author(s):  
Kathy Roe Coker ◽  
Carol E. Rios
Keyword(s):  

2001 ◽  
Author(s):  
Tammy L. Blankenship ◽  
Gary Gackstetter ◽  
Gregory C. Gray

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