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Political Science Commons

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2019

Law

Honors Theses, University of Nebraska-Lincoln

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President Trump And Civil Litigation: Executive Immunity And The Emoluments Clause, Hayley Kaiser Apr 2019

President Trump And Civil Litigation: Executive Immunity And The Emoluments Clause, Hayley Kaiser

Honors Theses, University of Nebraska-Lincoln

President Trump has become immersed in civil litigation since announcing his candidacy for the United States presidency. These lawsuits, which include assertions of presidential immunity under state jurisdiction and claims of constitutional violations under the Emoluments Clauses, present unique legal concerns that have never been challenged in the Supreme Court. Precedent shows that the president has never been exempt from the judicial process for his unofficial actions, although this may have led to unforeseen consequences. An evaluation of the history of the Emoluments Clauses leads to the conclusion that the Framers wanted to prevent outside influence on the United States ...