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customerserviceguy

(25,406 posts)
5. The big problem with that clause
Wed Sep 25, 2019, 02:07 PM
Sep 2019

is that it's not really been tested in court ever since it was written. Thus, the first real interpretation of it will be by a GOP-controlled Senate.

The Constitution also mentions in Article 1, Section 8 the right of Congress to "...grant Letters of Marque and Reprisal" which refers to the days of piracy on the high seas. Surely, that is an obsolete part of the Constitution, it could be argued that the emoluments clause refers to something that just doesn't happen today, especially if there is no case law regarding it.

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