Right off the bat, the pending Trump presidency provides a
not so often opportunity to civics teachers.
A teacher can have his/her students investigate the meaning, purpose,
history of the emolument clause in the Constitution. Looking at an account by Heidi M. Przybylia,
in a USA Today article, one gets a
taste of what is involved:
Two initial conflicts could land
Trump in immediate violation of the “Emoluments Clause,” an anti-bribery
provision that forbids the president from receiving gifts from foreign leaders
and is derived from the Latin word “emolumentum,” meaning “profit” or
“gain.” It says political officials
cannot “accept of any present, Emolument, Office, or Title, of any kind
whatever, from any King, Prince, or foreign State.”[1]
Part of its history
traces back to the late 1700s and its application has been very strict. This bit of civics can be an on-going source
of material for teachers looking for something current to address.
Trump has
business dealings around the world. Of
course, in those 28 countries, there will probably be foreign state officials
who will curry favor from the president of the most powerful nation on
earth. For example, the Bank of China
has dealings with the Trump businesses in the form of leasing and lending. Of course, the Bank of China has enormous
ties to the Chinese government. As in
China, similar ties can be found in India, the Philippines, Saudi Arabia, and
many other nations.
Then there are
the straight up business arrangements such as selling US real estate to foreign
officials or renting them space in one of many Trump owned or related
properties. One can see that in the
upcoming years, the nation’s politics will be firmly entrenched in the
emolument zone. What the contours of
that zone will be might be revealed on December 15 when the president-elect
tells the press what arrangement he will put in place to avoid conflicts of
interest.
There are no signs that that will
include a divestiture of his properties.
Short of that form of separation, one cannot see how the president will
be able to avoid concerns that he is receiving emoluments – the nation will
see.
[1] Heidi M. Przybylia, “Trump’s Foreign Deals Risk
Constitutional Clash, USA Today (December
9, 2016, 8A).
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