Emoluments, Textualism and Original Intent

A wooden judge's gavel lies atop of a copy of the United States Constitution.The ongoing refusal of President Donald Trump to both reveal the specifics of his personal finances and to decline any income from sources outside of his official salary as President has brought renewed attention to the Emoluments Clauses of the United States Constitution.  There are two such clauses, which state as follows:

The Foreign Emoluments Clause prohibits any “Person holding any Office of Profit or Trust” from accepting “any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State,” absent “the Consent of the Congress.” U.S. Const. art. I, §9, cl. 8.  The Domestic Emoluments Clause entitles the President to receive a salary while in office and forbids him from “receiv[ing] within that Period any other Emolument from the United States, or any of them.” U.S. Const. art. II, §1, cl. 7.
The meaning of these two provisions has become the subject of public debate and also litigation.  In one leading case, the State of Maryland and the District of Colombia have sued Donald Trump for violating these constitutional provisions.  They are suing for declaratory and injunctive relief which would compel President Trump to comply with the terms of the Constitution.
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J. Gordon Hylton: In Memoriam 1952-2018

Headshot of the late Professor Gordon Hylton.On May second, the Marquette community lost one of its most interesting, wonderfully eccentric, and beloved members, Professor Gordon Hylton, who died of complications from cancer.  Academics by and large are an enthusiastic group of people with extraordinary jobs that give them a privileged opportunity to study and share their passions with colleagues and students.  No one more thoroughly enjoyed and reveled in being part of that world than Gordon Hylton.  He was a devoted teacher, a relentless, careful, and thorough scholar, and a cherished colleague.

I personally found Gordon to be one of the most interesting people of my acquaintance largely because he had so many interests, found so many things fascinating, and, aided by a legendary memory, pursued them with passion and rigor and a remarkable urge to synthesize, to explain everything.  And he was generous. He enjoyed nothing so much as chatting with his students and his colleagues about baseball, country music, the odd personalities who sat on the Supreme Court, the reasonableness of property doctrines, the early history of Christianity, and always with great enthusiasm and courtesy, as if knowledge and insight were both important and the most fun.

Professor Hylton was a native of Pearisburg, a small town (population, 2,699 in 2016) in Giles County in the SW corner of Virginia near the border with West Virginia.  He began his college and university career at Oberlin College in Ohio, where, he often explained, he enrolled because they let him play baseball.  In the course of his four years at Oberlin, the student radio station also let him host a country music program in the late night, early early morning hours.  Oberlin nurtured a pronounced competitive streak.  His roommates recall Gordon organizing them to enter a team in every intramural sport including inner tube water polo despite the fact that Gordon did not know how to swim, something his teammates discovered only well into the water polo season.

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Remembering Professor Gordon Hylton

Headshot of the late Professor Gordon Hylton.The Marquette Law School community is saddened by the news that Professor J. Gordon Hylton has passed away at age 65, following a battle with cancer.

Gordon was a wonderful colleague on the Law School faculty.  He joined the faculty at Marquette University Law School in 1995, after teaching previously at the Chicago-Kent College of Law of the Illinois Institute of Technology.  Gordon left Marquette Law School in 2015 to join the faculty at the University of Virginia School of Law full time (having visited at UVA many semesters previously).  He also served a memorable year  as the Fulbright Professor of Law at Kyiv-Mohyla Academy in Kiev, Ukraine.  A wonderful In Memoriam webpage celebrating Gordon’s career appears on the website of the University of Virginia School of Law.

Gordon taught courses in Property Law, Trusts and Estates,  and Legal History, among others, and was also closely involved with the National Sports Law Institute at Marquette Law School.  He was a frequent contributor to the Marquette Law School Faculty Blog, where he was known for his posts on the history of Marquette Law School in general and on the often overlooked athletes who had a historical connection with our institution.  His blog posts were sometimes quirky, often obscure, but always among the most interesting to appear on the Faculty Blog.

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