[quote=“HMS_Irruncible, post:31, topic:841919”]
But -
[ul]
[li]these definitions are clearly not limited to profitability in the narrow sense of a business transaction.[/ul][/li][/QUOTE]
My original assertion was that it is debatable whether a loss can be an emolument, and I still stand by that assertion.
Say Mr. President owns a restaurant and invites the Queen of England over to talk about official business over lunch. The President has no manners and mentions beforehand that he will not pay for the meal. The Queen does have manners and decides to buy lunch so HRH and Mr. President may both eat during their meeting, as opposed to the President eating while HRH sits without food. She could eat before or after the meeting at some other place, but feels that to do so would be disrespectful as Mr. President has chosen his own restaurant as the venue.
The Queen eats and pays the restaurant $35. The President indirectly makes a $12 profit from the Queen’s lunch. Is it an emolument? Definitely.
Now what if the President said to the Queen, I can’t let you eat on the house but I’ll give you a $12 discount. The Queen still recognizes the lack of American hospitality but eats nonetheless, paying the restaurant $23. The President makes a $0 profit. Is it an emolument when the Queen paid the restaurant?
I don’t think there’s a clear answer here. As I said before, whether to consider a transaction as a whole or just the individual transfer of money seems arbitrary to me. Let me know why you disagree.
[quote=“HMS_Irruncible, post:31, topic:841919”]
[ul][li]the defintions mention emoluments other than profit[/ul][/li][/QUOTE]
With regard to the above hypothetical, what other kind of emolument do you have in mind? The distinction of having served the Queen of England? It isn’t the Queen’s decision to pay or attend or not that gives the restaurant that benefit, her conduct follows from the rules of diplomacy. It is the President’s decision to have a meeting at his own restaurant that provides the advantage. That would fall under an entirely different clause, the domestic emoluments clause, and I agree that it is a violation there. The President is essentially using his office to refer customers to his own businesses, which gives him an advantage over other businesses. But I don’t think it’s a foreign emolument because it is the President that provides the advantage.
[quote=“HMS_Irruncible, post:31, topic:841919”]
[ul][li]this is all moot because there is literally zero chance of Trump opening his financial books for inspection[/ul][/li][/QUOTE]
There is practically zero chance of Trump opening his books up for inspection. But I still see utility in refining our understanding of the Constitution. So, not moot.
Yup, probably.
I didn’t enter this thread to “win” or defend Donald Trump. Could you imagine? How would I sleep at night?
No, I entered to debate the meaning and application of the emoluments clause(s).
~Max