Donald Trump Will Violate the Constitution on Day One – The Nation.
Illustration: Michael Xiao.
Thus far, the debate over Donald Trumps refusal to sell his assets has focused on whether he might use his position to make himself even wealthier, in ways that most people would regard as corrupt. But earlier generations of Americansincluding the founders of our countrywould have seen his actions in a far harsher light. They would have viewed Trump as a traitor, someone who was willing to become a stooge of foreign powers.
Treachery was the language used at the 1787 Constitutional Convention to describe a president in foreign pay. Pennsylvania delegate Gouverneur Morris believed that the Constitution needed an impeachment clause because a future president may be bribed by a greater interest to betray his trust; and no one would say that we ought to expose ourselves to the danger of seeing the First Magistrate in foreign pay, without being able to guard against it by displacing him. Morris conceded that although most leaders wouldnt be tempted by foreign money, there were exceptions. In the 17th century, Britains Charles II received a pension from the French king Louis XIV, and simultaneously avoided conflict to such a degree that one contemporary despaired that Englands role in the world was to greaten France. Morris described Charles IIs actions as taking a bribe. The Executive ought, therefore, to be impeachable for treachery, he concluded.
Traitor was also, incidentally, the word used by Hillary Clintons opponents because of her relationship to the Clinton Foundation, among other things (more on that later).
On the day that Donald Trump takes office, his family will be in foreign pay. The Trump Organization will be getting a substantial paycheck from the Chinese government by way of the Industrial and Commercial Bank of China, the largest tenant of Trump Tower. Trump will also be paying interest to China: Hes invested in a partnership that borrowed $950 million from lenders including the state-owned Bank of China. Each of these rolesas landlord and debtorputs Trump and the country in a position of vulnerability to China. The Chinese government has the capacity to make him richer or poorer, and can use that capacity to influence trade policy and military decisions.
Corruption is not a show of ruthless strength or power, but rather of weakness and vulnerability.
I cite China as an example not because its the country most likely to exercise that leverage, but because the language around Trumps businessesentanglements, hundreds, complexcan obscure the fact that they involve a number of powerful nations with specific goals in relation to US foreign policy. These countries will have every incentive to use their leverageand well have a president who has repeatedly shown a remarkable insecurity regarding his business interests. During a Comedy Central roast of Trump in 2011, for example, the participants were allowed to joke about all kinds of his foibles, but according to The Huffington Posts Daniel Libit, Trump Tower made it known that two subjects were off-limits: Trumps past bankruptcies, and any suggestion that he was not as wealthy as he claimed to be. So if you think that Trump hasnt exposed himself to leverage by foreign governments, youve got another thing coming.
* * *
On January 11, responding to widespread concerns about the potential for foreign bribery, Trump announced that he wasnt planning to do anything meaningful about it. He said that he refused to sell his business and that his children would manage it instead. This means that he will be violating the Constitutions emoluments clause from the moment he takes office.
Trump also made some incoherent claims in his press conference. For instance: I have no dealings with Russia. We could make deals in Russia very easily, if we wanted to; I just dont want to because I think that would be a conflict. This raises the question of why his deals in and loans from other countries do not constitute a conflict.
Trump also said that there would be no new foreign deals, which is essentially impossible. No new deals would mean no lease renewals or term negotiations, both of which are inherent in any business relationship. To take just one example, the Trump Tower lease held by the Industrial and Commercial Bank of China is up for renewal in 2017. That lease renegotiation would be a new deal.
Donald Trumps business interests provide huge opportunities for foreign governments and financial partners of the Trump Organization to influence US policy. These groups are fighting back:
Public Citizen: An organization that seeks to reduce corporate influence on government and hold government officials accountable for misdeeds. citizen.org
Rootstrikers: An online organizing project that targets banks, corporations, super PACs, and other entities that buy political influence. rootstrikers.org
MayDay.us: A grassroots movement to fight corruption by electing reformers to all levels of government. mayday.us
Finally, Trump contradicted his own claim that hell be removed from his businesses management when he told the press that he had turned down a major deal as recently as a few days prior. Someone not involved in management has no power to reject deals.
In the last few months, several news organizations have reported that foreign leaders and diplomats plan to stay at Trumps new hotel in Washington, DC, in order to curry favor with him. Trump addressed this at the press conference by saying that any profits coming from these hotels would go to the US Treasury. But Trump has no authority to make that decision unilaterally: According to the Constitution, payments from foreign governments (yes, including hotel bills) must be approved by Congress, which might then approve a donation to the Treasury. This has been standard practice throughout the history of our country. For example, when President Martin Van Buren received a horse from the imam of Muscat, Congress reviewed the gift and gave it to the Treasury; Van Buren didnt act unilaterally. Moreover, hotel visits are tiddleywinks compared with the chess game that we should anticipate from major financial partners of the Trump Organization attempting to influence who we tax, impose tariffs on, andmost dangerouslyinvade (or whether we refrain from military action). And because the Trump Organization is an ongoing business enterprise, there will always be new players seeking to develop their own leverage.
Heres the important thing to understand about corruption: It is not a show of ruthless strength and power, but rather of weakness and vulnerability. Trumps decision to keep his business open is an invitation to strategic efforts by other countries. Not all of them will succeed, but it is likely that some will. And the mere fact of this weakness will call into question the integrity of almost all of his major foreign-policy decisions. Does he decide to hold back on confronting another countrys military aggression because its the right thing to do, or because hes worried that the country might retaliate by changing the terms of repayment on money that his business owes? Does he push for greater tariffs on one kind of goods because hes been influenced by business partners in another country whose government has the capacity to block or approve a major project he wants? Is he enthusiastic about our relationship with a particular government because of the profits that will flow to his organization (and his ego)?
At the Constitutional Convention, the framers sought to protect against exactly this kind of corruption and treachery by insisting on one of the most stringently worded sections of the Constitution. Article I, Section 9, Clause 8 reads: No title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them shall, without the Consent of the Congress, accept of any present, Emolument, Office or Title, of any kind whatever, from any King, Prince, or foreign State.
During Hillary Clintons campaign, a number of commentatorsmyself includedwarned that her husband or daughter taking foreign money for the Clinton Foundation created dangerous conflicts of interest and threatened a violation of the emoluments clause. I believed that her relationship with the foundation when she served as secretary of state was extremely unseemly, at best. Had Clinton been elected president, I would have called for her absolute separation from the foundation.
However, while I have no interest in making apologies for Clinton, theres a significant difference here. Clintons role may have been illegal had she maintained familial ties to the foundation. In the case of President-elect Trump, theres no doubt that hes engaged in a blatant violation of the law, since hes receiving direct and personal financial benefits from foreign governments.
Support Independent Journalism.
Congress has an obligation to approve or reject every foreign payment to Donald Trump. The ultimate remedy for violations of the emoluments clause was, and is, impeachment. Charles IIs bribe was uncovered by a parliamentary investigation, and the same will be required here. Violations of the emoluments clause epitomize the very reason behind the impeachment clause: Submitting to the seductions of foreign states is a breach of the public trust so serious that it cannot wait until the next election to be remedied.
Trump has an intuitive if not actual understanding of the danger of his position. Its an affront to his campaign slogans: He is putting America second. Its a daily betrayal of his country, and one that goes straight to the heart of his popularity: How can he Make America Great Again if hes beholden to business cronies in other countries? But Trump cannot bear to let his aura of financial power go, and its a weakness precisely because he cant. It is also one of the most significant dangers he poses to this country.
Visit link:
Donald Trump Will Violate the Constitution on Day One - The Nation.
- Donald Trump Supporters Are Waking Up To The Reality Of Their Ballot Choices, And The Stories Are A Loooooot - Yahoo - February 20th, 2025 [February 20th, 2025]
- It took Donald Trump less than a decade to turn the US toward Putins Russia - CNN - February 20th, 2025 [February 20th, 2025]
- Are We Still Friends?: How Donald Trump Is Unraveling the Western Alliance - Vanity Fair - February 20th, 2025 [February 20th, 2025]
- Prediction: President Donald Trump Will Break His Social Security Promise and Propose Cuts -- Just Not in the Way You Might Think - The Motley Fool - February 16th, 2025 [February 16th, 2025]
- It Pays to Be a Friend of Donald Trump - The FP - February 16th, 2025 [February 16th, 2025]
- Donald Trump's 'Drastic' Funding Cuts Face Republican Opposition - Newsweek - February 16th, 2025 [February 16th, 2025]
- President Donald Trump Hangs His Framed Mugshot Outside the Oval Office - E! Online - E! NEWS - February 16th, 2025 [February 16th, 2025]
- Donald Trump wants states and cities to do as they are told - The Economist - February 16th, 2025 [February 16th, 2025]
- Donald Trump Wants Reciprocity in Trade: Heres a Closer Look - Council on Foreign Relations - February 16th, 2025 [February 16th, 2025]
- Interview with President Donald Trump airing ahead of Super Bowl 59: How to watch - USA TODAY - February 9th, 2025 [February 9th, 2025]
- Donald Trump set to make history at the Super Bowl. Heres why hell hate kick-off. - MLive.com - February 9th, 2025 [February 9th, 2025]
- Donald Trump golfs with Tiger Woods ahead of expected Super Bowl LIX visit - New York Post - February 9th, 2025 [February 9th, 2025]
- The Observer view: Vengeful and reckless, Donald Trump must not go unchallenged | Observer editorial - The Guardian - February 9th, 2025 [February 9th, 2025]
- Donald Trump will be at Super Bowl LIX, and he is not happy with the rules - PennLive - February 9th, 2025 [February 9th, 2025]
- Why Chip Roy is one of Donald Trump's biggest threats - POLITICO - January 24th, 2025 [January 24th, 2025]
- What did Donald Trump throw to his inauguration crowd? Find out in the news quiz - NPR - January 24th, 2025 [January 24th, 2025]
- We tracked California's lawsuits against Donald Trump. Here's where the state won and lost - CalMatters - January 24th, 2025 [January 24th, 2025]
- Contempt is a dangerous way to lead a country: here is the sermon that enraged Donald Trump | Mariann Edgar Budde - The Guardian - January 24th, 2025 [January 24th, 2025]
- Donald Trump finds new ways to flex presidential power after returning to the White House - The Associated Press - January 24th, 2025 [January 24th, 2025]
- What to know about President Donald Trump's order targeting the rights of transgender people - The Associated Press - January 24th, 2025 [January 24th, 2025]
- Donald Trump Jr. arrives in Greenland with a message from his dad: 'Were going to treat you well' - The Associated Press - January 7th, 2025 [January 7th, 2025]
- Donald Trump Jr. arrives in Greenland after his father said the U.S. should own the Arctic territory - ABC News - January 7th, 2025 [January 7th, 2025]
- Live updates: Carter casket arrives at Capitol; Donald Trump comments on Greenland, Gulf of Mexico - The Hill - January 7th, 2025 [January 7th, 2025]
- Donald Trump Jr arrives in Greenland as his father says Denmark give it up - Fox News - January 7th, 2025 [January 7th, 2025]
- Donald Trump fumes over flag flying at half-staff to honor Jimmy Carter during inauguration - Yahoo! Voices - January 3rd, 2025 [January 3rd, 2025]
- Donald Trump Will Be Sentenced on 34 Felony Convictions Before Inauguration - PEOPLE - January 3rd, 2025 [January 3rd, 2025]
- How Donald Trump reacted to Mike Johnson winning the House speaker vote - CBS News - January 3rd, 2025 [January 3rd, 2025]
- Letters to the Editor: A wokoso on the reasons more Latinos voted for Donald Trump - Los Angeles Times - January 3rd, 2025 [January 3rd, 2025]
- Mike Johnson reelected as House speaker with support from President-elect Donald Trump - USA TODAY - January 3rd, 2025 [January 3rd, 2025]
- Donald Trump Muddies the Waters in New Orleans - Vanity Fair - January 3rd, 2025 [January 3rd, 2025]
- Donald Trump to Be Sentenced Days Before Swearing In as President - Newsweek - January 3rd, 2025 [January 3rd, 2025]
- How anti-woke spin did the business for Donald Trump - The Guardian US - December 2nd, 2024 [December 2nd, 2024]
- Sen. Alex Padilla says Donald Trump has "made it no secret that he has it in for California - CBS News - December 2nd, 2024 [December 2nd, 2024]
- Donald Trump tests the system of checks and balances just weeks after election - USA TODAY - December 2nd, 2024 [December 2nd, 2024]
- Donald Trump threatens BRICS countries that move away from dollar - Semafor - December 2nd, 2024 [December 2nd, 2024]
- 2 Changes Donald Trump Wants to Make to Social Security: Will 2026 Be the Year They Become Reality? - Yahoo Finance - December 2nd, 2024 [December 2nd, 2024]
- Donald Trump reveals exclusively to The Post what he and Biden spoke about at DC meeting - New York Post - November 14th, 2024 [November 14th, 2024]
- Republicans win 218 US House seats, giving Donald Trump and the party control of government - The Associated Press - November 14th, 2024 [November 14th, 2024]
- Donald Trump Tells House Republicans He Won't Seek a Third Term Unless They 'Figure' Out a Way to Allow It - PEOPLE - November 14th, 2024 [November 14th, 2024]
- Tesla is not the only winner under Donald Trump - The Economist - November 12th, 2024 [November 12th, 2024]
- Donald Trump Jr. Opts Out of White House to Join 1789 Capital - Bloomberg - November 12th, 2024 [November 12th, 2024]
- Opinion | Americans ordered up Donald Trump. The world will foot the bill. - The Washington Post - November 12th, 2024 [November 12th, 2024]
- Opinion: Reflections from across The Pond on Donald Trump's re-election - Palm Beach Post - November 12th, 2024 [November 12th, 2024]
- How could Donald Trump target the LGBTQ+ community? Project 2025 is a ready blueprint for discrimination - The Conversation - November 12th, 2024 [November 12th, 2024]
- Donald Trump has sweeping plans for a second administration. Heres what hes proposed - The Associated Press - November 12th, 2024 [November 12th, 2024]
- UK minister grilled over tweet branding Donald Trump a self-confessed groper - POLITICO Europe - November 12th, 2024 [November 12th, 2024]
- South Korean president practising golf to prepare for future meetings with Donald Trump - The Guardian - November 12th, 2024 [November 12th, 2024]
- Kamala Harris and Donald Trump hold dueling rallies in swing-state Michigan as it happened - The Guardian US - October 18th, 2024 [October 18th, 2024]
- I visited a small, struggling, climate-ravaged town in Louisiana. Why is Donald Trump certain to win here? - The Guardian US - October 18th, 2024 [October 18th, 2024]
- Donald Trump, Not at All Worried About Losing the Election, Demands Kamala Harris Be Forced Off the Campaign - Vanity Fair - October 18th, 2024 [October 18th, 2024]
- Donald Trump Just Insulted Every Autoworker in Michigan - The Nation - October 18th, 2024 [October 18th, 2024]
- Donald Trump doesnt sound too excited about asking Nikki Haley for help - Semafor - October 18th, 2024 [October 18th, 2024]
- Donald Trump Says Hell Ask Rupert Murdoch to Direct Fox News to Halt Negative Ads Against Him - Hollywood Reporter - October 18th, 2024 [October 18th, 2024]
- Donald Trump Says On Fox & Friends That Hes Meeting With Rupert Murdoch To Tell Him To Pull Negative Ads And Ban Horrible Democratic Critics -... - October 18th, 2024 [October 18th, 2024]
- Donald Trump Exhausted and Refusing Interviews: Report - The Daily Beast - October 18th, 2024 [October 18th, 2024]
- Donald Trump Shares Candid Thoughts on Harvey Weinstein: 'He Got Schlonged' - Newsweek - October 18th, 2024 [October 18th, 2024]
- Donald Trump says Apple boss Tim Cook called him with EU concerns - BBC.com - October 18th, 2024 [October 18th, 2024]
- A failed mic leaves Donald Trump pacing the stage in silence for nearly 20 minutes - Yahoo! Voices - October 18th, 2024 [October 18th, 2024]
- Why is Donald Trump campaigning in California, a state hes almost certain to lose? - The Associated Press - October 12th, 2024 [October 12th, 2024]
- Sebastian Stan on Losing Sleep Over Not Resembling Donald Trump, That Scene From The Apprentice and Fing Hard Action Movies: Tom Cruise Is Not a... - October 12th, 2024 [October 12th, 2024]
- That Sure Is One Way to Convince Young Men Not to Vote for Donald Trump - Slate - October 12th, 2024 [October 12th, 2024]
- The View co-hosts come out swinging at Donald Trump a day after he insulted them - The Associated Press - October 12th, 2024 [October 12th, 2024]
- Opinion | Yes, this is what Donald Trump really sounds like. No, you cannot ignore it. - The Washington Post - October 12th, 2024 [October 12th, 2024]
- Donald Trump Bemoans His Team Using Wrong Picture at Rally: 'So Stupid' - Newsweek - October 7th, 2024 [October 7th, 2024]
- Disaster politics: Donald Trump and Kamala Harris are the latest to deal with fallout - USA TODAY - October 7th, 2024 [October 7th, 2024]
- Donald Trump makes a theatrical return to Butler, scene of assassination attempt - The Guardian US - October 7th, 2024 [October 7th, 2024]
- Opinion | JD Vance Is Smoother but No Better Than Donald Trump - The New York Times - October 7th, 2024 [October 7th, 2024]
- Mike Johnson refuses to say Donald Trump lost the 2020 election to Joe Biden - USA TODAY - October 7th, 2024 [October 7th, 2024]
- Melania Trump says Donald Trump 'knew my position and my beliefs' on abortion 'since the day we met' - NBC News - October 7th, 2024 [October 7th, 2024]
- How Donald Trump Jr. Became the Crown Prince of MAGA World - The Wall Street Journal - October 7th, 2024 [October 7th, 2024]
- Donald Trump in Bulter: Time stood still at site of assassination attempt, he says - BBC.com - October 7th, 2024 [October 7th, 2024]
- Noticias Univision Townhall with Former President Donald Trump Moved to Wednesday, Oct. 16 Due to Hurricane Milton - Univision Communications - October 7th, 2024 [October 7th, 2024]
- Donald Trump returns to scene of rally shooting in Butler - BBC.com - October 7th, 2024 [October 7th, 2024]
- Joe: Vance clearly said he was going to continue the lies of Donald Trump - MSNBC - October 3rd, 2024 [October 3rd, 2024]
- JD Vance again refuses to say Donald Trump lost the 2020 presidential election - The Associated Press - October 3rd, 2024 [October 3rd, 2024]
- Donald Trump Claims Kim Jong Un Is Trying to Kill Me, Rants About Water-Free Bathrooms During Incoherent-Even-for-Him Remarks - Vanity Fair - October 3rd, 2024 [October 3rd, 2024]
- Donald Trump Mocked Jimmy Carter on the Former President's 100th Birthday - Newsweek - October 3rd, 2024 [October 3rd, 2024]
- Make Them Riot: Newly Unsealed Filing Gives New Details Of Federal Election Conspiracy Case Against Donald Trump - Deadline - October 3rd, 2024 [October 3rd, 2024]
- Donald Trump Gets October Boost as Flurry of Polls Give Him the Edge - Newsweek - October 3rd, 2024 [October 3rd, 2024]
- Opinion | The Dangers of Donald Trump, From Those Who Know Him - The New York Times - September 26th, 2024 [September 26th, 2024]