01:790:306 Lecture 3: AmerPres 1:31
31 Jan 2019
School
Department
Course
Professor
AmerPres 1/31
Article 1, Section 9 - emoluments clause
No person (including president) shall “accept of any present, Emolument, office,
or title, or any kind whatever, from any King, prince or foreign
Foreign powers using his hotel to curry favor with him, violate clause
Blumenthal v trump
D.C and Maryland v Trump
Bribes v running a business, there have been no cases yet interpreting what that
clause means
George Washington did this (with foreign gov't).. I think it’s different because
everyone was foreign then, everyone was an immigrant
Development of presidential power
Washington: (not elected)
Established precedent that president had authority over exec branch (presidential
supremacy (over attorney general/other main head is exec branch))
Established precedent to seek only consent (not advice, too many people, yes or
no to something already made instead of advice on how to make it) of Senate with
Treaty with Creek Nation 1789
Issued Neutrality Proclamation in war between England and France 1793 (we
neutral in this war, because they had claim in both sides; congress mad because they
had the power to declare war, didn’t they have the power to declare not war, what if they
declared war now, Hamilton said president has power to make treaties) - Whisky
rebellion only time any president has ever physically led army (militia)
Sedition act - crime to criticize the government (president and congress, does not
extend to vice president?)
New party created, federalists, strong presidential powers (because of
disagreements between Jefferson and ?
