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Corrupt Government
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Title: Donald Trump ‘will conform with the Constitution or we will remove him’
Source: Raw Story
URL Source: http://www.rawstory.com/2017/01/ex- ... itution-or-we-will-remove-him/
Published: Jan 23, 2017
Author: David Edwards
Post Date: 2017-01-23 12:44:58 by Willie Green
Keywords: None
Views: 6062
Comments: 25

Richard Painter, the former chief ethics lawyer for President George W. Bush, warned on Monday that Donald Trump “will be impeached” if he continues refusing to conform to the U.S. Constitution.

In a Monday interview on Australia’s ABC News, Painter said that he hoped that Trump would “figure this out” when it came to understanding the Constitution’s ban on receiving profits from foreign governments and the protections it gives to the rights of Americans.

“He did what he needed to do to be a successful businessman, he figured that out and he now has to figure out how to be a successful president,” Painter explained. “But he is going to need to sell his business interests, he’s going to need to stop giving inflammatory speeches and not try to politicize our intelligence services.”

The former Bush adviser said the FBI and Director James Comey engaged in “illegal political activity before the election [and] we don’t want any more of that.”

“We want a president to be an effective president within the bounds set forth by the Constitution,” Painter continued. “A president who cannot do that will be impeached. But I don’t think Donald Trump is going to choose that route.”

Painter specifically cautioned Trump not to run afoul of the Constitution’s Emoluments Clause, which bans presidents from receiving things of value from foreign governments.

“That also means the provisions of the constitution that protect Americans from discrimination based on their religious faith,” he continued. “We are not going to be keeping a registry of Muslims, we are not going to be deporting Muslims, we’re not going to be barring people from coming into our country because of their religion.”

“He is going to need to comply with the Constitution in order to be a good president, in order to remain as president. We will remove a president who cannot comply with the Constitution.”

Watch the video below from ABC 730.

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Begin Trace Mode for Comment # 11.

#11. To: Willie Green (#0)

https://www.law.cornell.edu/constitution/articlei#section9

Article 1, Section 9, Clause 8:

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.

Note that the emoluments clause only involves an item given by a king, prince, or foreign state; foreign governments, not all foreign sources. History implies that it applies to appointed positions and not to elected positions.

http://constitutioncenter.org/interactive-constitution/articles/article-i/the-foreign-emoluments-clause-article-i-section-9-clause-8/clause/34

Scope. However, the text of the Constitution’s Foreign Emoluments Clause is not limited to American ambassadors or even to American diplomatic personnel. Instead, the Constitution’s Foreign Emoluments Clause applies to Offices of Profit or Trust under the United States: a substantially wider category. It is undisputed that this category applies to all officials holding appointed positions in the Judicial and Executive Branches of the national government.

What about the Legislative Branch? In 1792, the Senate asked Secretary of the Treasury Alexander Hamilton to compile a list of all persons holding Offices . . . under the United States and their salaries. Hamilton’s 1793 response included nonelected officials in each branch, including the Legislative Branch.

The question whether this category, and therefore the Constitution’s Foreign Emoluments Clause, reaches any or all federal elected positions—i.e., Representative, Senator, Vice President, President, and presidential elector—poses a difficult interpretive challenge. For example, Hamilton’s list did not include members of Congress or any other elected state or federal positions. Likewise, George Washington, while President, accepted and kept two diplomatic gifts, but he never asked for or received congressional consent. However, subsequent presidents, such as Andrew Jackson, in similar circumstances, sought congressional consent. Whose practice should we rely on?

Black's Law Dictionary, 6th Ed.

Office. A right, and correspondent duty, to exercise a public trust. A public charge or employment. An employment on behalf of the government in any station or public trust, not merely transient, occasional, or incidental. The most frequent occasions to use the word arise with reference to a duty and power conferred on an individual by the government; and, when this is the connection, "public office" is a usual and more discriminating expression. But a power and duty may exist without immediate grant from government, and may be properly called an "office;" as the office of executor. Here the individual acts towards legatees in performance of a duty, and in exercise of a power not derived from their consent, but devolved on him by an authority which quoad hoc is superior.

An "assigned duty" or "function." Synonyms are "post", "appointment", "situation", "place", "position", and "office" commonly suggests a position of (especially public) trust or authority. Also right to exercise a public function or employment, and to take the fees and emoluments belonging to it. A public charge or employment, and he who performs the duties of the office is an officer. Although an office is an employment, it does not follow that every employment is an office. A man may be employed under a contract, express or implied, to do an act, or to perform a service, without becoming an officer. But, if the duty be a continuing one, which is defined by rule prescribed by the government, which an individual is appointed by the government to perform, who enters upon the duties appertain to his status, without any contract defining them, it seems very difficult to distinguish such a charge or employment from an office, or the person who performs the duty from an officer. In the constitutional sense, the term implies an authority to exercise some portion of the sovereign power, either in making, executing, or administering the laws.

Elected positions are not conferred by the government. They are conferred by the people.

nolu chan  posted on  2017-01-23   19:21:11 ET  Reply   Untrace   Trace   Private Reply  


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