Tuesday, December 2, 2008
Does the Emoluments Clause bar Senator Clinton's appointment as Secretary of State? I previously posted on this here; it's since gotten more attention.
Jeffrey Toobin discussed the issue--and the standing reasons why it can't be litigated--on cnn. (Thanks to my student Michael Eisnach for the tip.) At Balkinization, Jack Balkin provided historical context and OLC links, and Larry Tribe looked at interpretation questions.