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Tag Archives: emoulments
Paper 10 — Gifts, Bribes, and the Office: A Scriptural Account of Self-Enrichment in Authority
Where the structural account ends The preceding paper carried the analysis as far as institutional reasoning can take it. It showed that the gap between what the rules forbid and what officeholders extract is a stable equilibrium, produced by conflicted … Continue reading
Posted in Bible, Christianity, Musings
Tagged authority, emoulments, legitimacy, politics, property
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Paper 9 — Why Hard Rules Under-Deliver: A Structural Synthesis
The question the survey leaves Eight papers have established two facts that sit uneasily together. The formal prohibitions against officeholder self-enrichment are broad, old, and in the constitutional case categorical; and the operational norm, what officeholders and their families have … Continue reading
Paper 8 — The Adjacent Machinery: Conflicts of Interest, the Revolving Door, Gifts, Disclosure, and Blind Trusts
The constitutional clause and its statutory family The emoluments clauses do not stand alone. They are the oldest and highest members of a large family of controls against officeholder self-dealing, a family that grew over two centuries from two constitutional … Continue reading
Posted in American History, History
Tagged business, emoulments, legitimacy, political history, politics
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Paper 7 — Insider Trading and the STOCK Act: Informational Emoluments and the Enforcement That Wasn’t
Gain in the form of knowledge The series has so far tracked benefit that arrives as money or its equivalent: a gift, a payment, a commercial advantage, a relative’s enrichment. This paper turns to a benefit that arrives as information, … Continue reading
Paper 6 — The Family Channel: Relatives, Households, and the Boundary of the Prohibition
The seam the text left open The close of Paper 2 identified, among the seams visible in the constitutional text, the individual framing of the prohibitions. The Foreign Emoluments Clause bars “any Person holding any Office of Profit or Trust” … Continue reading
Posted in American History, History
Tagged business, constitution, emoulments, family, law, legitimacy, politics
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Paper 5 — Benefit Regardless of Law: A History of Officeholder Self-Enrichment from the Founding Forward
The empirical question The doctrinal papers built a structural account of why the emoluments prohibition is hard to enforce: the harm is diffuse, no plaintiff fits the standing template, the gatekeeper is conflicted, the remedy is uncertain, and the fixed … Continue reading
Posted in American History, History
Tagged emoulments, law, legitimacy, political hitory, politics
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Paper 4 — The Enforcement Vacuum: Standing, Justiciability, and the Problem of Who May Sue
The question prior to meaning The previous two papers established that the stated rule is strong and that its interpretation has been left, for most of the republic’s history, to soft law written by the branches the rule restrains. This … Continue reading
Paper 3 — The Word in Constitutional Law: Doctrine, Advisory Opinion, and the Absence of a Holding
A constitutional provision without a constitutional law The previous paper read the emoluments clauses at full textual strength and reconstructed the anti-dependence theory they encode. This paper asks a different question: what has the legal system actually made of that … Continue reading
Posted in American History, History
Tagged constitution, emoulments, law, legitimacy, political history, politics
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Paper 2 — The Constitutional Text: Foreign and Domestic Emoluments and the Anti-Dependence Architecture
The text as the prohibition’s strongest ground If the emoluments regime is anywhere at its most formidable, it is on the page. The clauses are short, declarative, and categorical; they do not hedge, balance, or invite the weighing of interests. … Continue reading
Posted in American History, History
Tagged emoulments, law, legitimacy, political history, textual criticism
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Paper 1 — Prolegomenon: What an Emolument Is and Why the Question Resists Resolution
The shape of the inquiry This series concerns a particular kind of failure: a prohibition written in categorical terms that nevertheless governs almost nothing. The emoluments clauses of the Constitution forbid certain officeholders from taking certain gains. The prohibitions are … Continue reading
