Opening Arguments - OA35: The Emoluments Clause (w/Seth Barrett Tillman) Part 1

Today's episode is part one of a two-part series on whether the Emoluments Clause of the Constitution applies to incoming President Donald Trump. We begin, however, by addressing another Trump-related question:  Does a recent report claiming that 50+ Trump electors are ineligible provide the relief of preventing Trump from assuming the Presidency?  We delve into the report and answer the question in a way that may surprise you. Our main interview segment is with Lecturer Seth Barrett Tillman of the Maynooth University Department of Law.  Tillman's thesis is that the Emoluments Clause does not apply to President Trump because the Presidency is not an "office... under the United States" for purposes of Constitutional analysis. Next, we answer a listener question from William Stemmler about officeholders in the line of Presidential Succession who are themselves ineligible to become President.  Could Donald Trump nominate George W. Bush to be Secretary of State?  Find out! Finally, we end with the answer to Thomas Takes the Bar Exam question #6 about pre-nuptial agreements.  Remember that TTTBE issues a new question every Friday, followed by the answer on next Tuesday's show.  Don't forget to play along by following our Twitter feed (@Openargs) and/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s)! Show Notes & Links
  1. Here's the Raw Story report on disqualified Trump electors, and the full text of the report can be downloaded from Alternet.
  2. Prof. Tillman can be found on Twitter at @SethBTillman, and here is his professional page.
  3. In November of 2016, Prof. Tillman wrote a brief piece for the New York Times summarizing his thesis about the Emoluments Clause.
  4. This 2009 Memorandum from the President's Office of Legal Counsel assumes -- without argument or citation -- that the Emoluments Clause applies to the President.
  5. In December of 2016, Norm Eisen, Richard Painter, and Laurence Tribe wrote a paper for the Brookings Institution arguing that the Emoluments Clause does apply to the President.
  6. Zephyr Teachout's law review article, The Anti-Corruption Principle sets forth her argument that the Constitution, including the Emoluments Clause, enshrines a fundamental principle to protect against corruption of our highest offices, including the Presidency.
  7. Tillman's Opening Statement, Citizens United and the Scope of Professor Teachout’s Anti-Corruption Principle is here.
  8. Teachout's specific response to Tillman on the Emoluments Clause is here.
  9. Tillman's reply to Teachout can be found here.
  10. Teachout's final reply to Tillman can be found here.
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PHPUgly - 45:Sockets Edition

Show notes: https://phpugly.com/blog/45sockets-edition recorded January 12th, 2017 Topics Atlassian acquires Trello 2016 Laravel Survey MongoDB ransacked GitHub secret key finder released to public The End for 'BackPage' Adult Services Ads Why you shouldn't trust Geek Squad ever again What we learned visualizing 5,000 GitHub accounts in 24 hours The hosts Eric Van Johnson Twitter / Github / Blog / About.me Tom Rideout Twitter / Github / About.me John Congdon Twitter / Github Follow us on Twitter @PHPUgly Email us at Podcast@phpugly.com Sponsor of this show: The DiegoDev Group DiegoDev Group

Start the Week - Sara Khan: The Battle within Islam

On Start the Week Tom Sutcliffe discusses what Islam means in the modern world. Graeme Wood has spent his career getting to know Islamist fundamentalists to try to understand the apocalyptic ideology and theology at the heart of the so-called Islamic State. Sara Khan campaigns to reclaim her faith from extremism, while Ziauddin Sardar argues that Islam demands reason and critical inquiry from its believers. Loretta Napoleoni 'follows the money' to uncover the millions made by those exploiting the destabilisation of Syria and Iraq and the rise of ISIS. Producer: Katy Hickman

Photo: Sara Khan Credit: Joe McGorty.

Song Exploder - Solange – Cranes in the Sky

Solange Knowles released her first album in 2002, at the age of 16. Her third album, A Seat at the Table, came out in September 2016, and debuted at #1 on the Billboard charts. It’s gotten widespread critical acclaim, including being named album of the year by Pitchfork and by Vibe. In this episode, Solange takes apart the song "Cranes in the Sky," which began back in 2008.

songexploder.net/solange

Serious Inquiries Only - SIO7: An Atheist and a Christian Walk into a Bar…

Joining me today are that atheist and that Christian, and their names are Justin Schieber and Randal Rauser. Justin and Randal have written a book containing a very fruitful and respectful dialogue between an atheist and a Christian. Today they talk about the origins of the project and then were kind enough to go over one of the many arguments contained in the book! The argument is on the hostility of the universe and whether it makes sense under theism. There's a very spirited back and forth that I encourage you to listen to! You can find the book here. If you'd like to leave a voicemail to potentially be played on the show, call (916) 750-4746! Support us on Patreon at:  patreon.com/seriouspod Follow us on Twitter: @seriouspod Facebook:  https://www.facebook.com/seriouspod For comments, email thomas@seriouspod.com Questions, Suggestions, Episode ideas? Contact us: haeley@seriouspod.com Direct Download