The foreign emoluments clause and national security

Deborah Sills’ The Foreign Emoluments Clause: Protecting Our National Security Interests, 26 Brooklyn Journal of Law and Policy ___ (2018) “focuses on the significance of the Emoluments Clause to the protection of the American public and security of our country. Part I provides a historical overview of the Emoluments Clause. Part II discusses the parameters of the Emoluments Clause and considers the varying interpretations of the provision. Part III examines how the clause protects our national security interests by: (1) requiring that federal officials remain free from corrupt influences to prevent harm to our country; (2) mandating transparency and accountability concerning possible influences of foreign states; and (3) fostering trust of federal officials. These national security considerations should be central to the interpretation of the scope of this constitutional provision. Extraordinary care must be taken to comply with the Emoluments Clause to ensure that the interests of the American people and the United States—not the self-interests of government officials or foreign powers—determine the way in which our country is governed.” — Joe

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