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matt819

(10,749 posts)
Wed Dec 21, 2016, 02:46 PM Dec 2016

Emoluments clause, etc.

Who has standing to file suits against Trump for all of the constitutional violations?

Does it come from within Congress, or can it come from outside, e.g., ACLU?

Have any billionaire dems agreed to fund what I hope will be a tsunami of lawsuits?

This is where the republicans have had the dems beat. They fight everything and then back it up with money. It's time for the dems to do the same. Fight, fight, fight. Object, object, object. I know Michelle Obama has encouraged dems to go high while they go low. This is about as high as it gets - preserving our democracy.

5 replies = new reply since forum marked as read
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1. I want to join an opposition organization that has real strategy and ground game!
Wed Dec 21, 2016, 03:10 PM
Dec 2016

I couldn't agree more. It's time for the dems to start fighting. I think the ACLU has already started filing lawsuits, but I'm pretty frustrated by the democrats lack of strategy and response. Unless there's something I'm missing? Where are they?

Also, this article on building a 3,141 county strategy makes a lot of sense:
http://thehill.com/blogs/pundits-blog/campaign/307184-forget-just-50-states-democrats-need-a-3141-county-strategy

MineralMan

(147,575 posts)
2. Actually, nobody.
Thu Dec 22, 2016, 10:39 AM
Dec 2016

Congress is really the only recourse against a President who violates the Constitution. And their only remedy is impeachment and conviction of a sitting President.

The Constitution is not made up of laws. It is a framework around which laws are created. The only criminal law in the Constitution regards Treason. Anyone attempting to file a lawsuit in federal court against the President will quickly discover that they do not have standing to do so. The Congress is the only body that has jurisdiction over the President and their method of operation is clearly defined by the Constitution when it comes to removing a President.

If Trump violates the Emoluments Clause, it will be up to us to convince the House of Representatives that he should be impeached. If we cannot do that, then he will be free to violate it as he chooses. Although he is forbidden to take payments from foreign governments, etc., no penalties for doing that are included in the clause. Lacking penalties, other than impeachment and conviction, there's nothing for anyone else but Congress to do to stop him.

Here's a reference link:

https://www.reference.com/government-politics/can-private-citizen-sue-president-2f8565a8eca32f83

Q: Can a private citizen sue the President?
A:
QUICK ANSWER
A private citizen may sue the President over alleged actions undertaken before or independently of the Presidential office. When the President acts on the authority of his office in any way, he is shielded by the doctrines of immunity.


Lucinda

(31,170 posts)
4. Olbermann did a thing on The Closer about how the VP and Cabinet can also get rid of Trump
Thu Dec 22, 2016, 02:08 PM
Dec 2016


Edited to embed video

dmosh42

(2,217 posts)
3. Comrade Trump has already explained that the only thing he'll be giving up is the management of.....
Thu Dec 22, 2016, 11:10 AM
Dec 2016

his companies, which will be handled by sons, daughter and execs. He knows Congress is a bunch of
crooks and liars like him, so no problem there!

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