Political Questions and Courageous Answers

Here is my essay in Slate on what the Supreme Court should learn from last week’s Emoluments decision as it grapples with partisan gerrymandering.

Correcting one sentence: One key drafter, Gouverneur Morris, discussed this scandal at the Philadelphia Convention, and two major legal commentators cited it to explain the Emoluments Clause, suggesting that there was a particular concern about chief executives’ financial entanglements with foreign states.

Author: Jed Shugerman

Legal historian at Fordham Law School, teaching Torts, Administrative Law, and Constitutional History. JD/PhD in History, Yale. Red Sox and Celtics fan, youth soccer coach. Author of "The People's Courts: Pursuing Judicial Independence in America" (2012) on the rise of judicial elections in America. I filed an amicus brief in the Emoluments litigation against Trump along with a great team of historians. I'm working on "The Rise of the Prosecutor Politicians," a history of prosecutors and American politics, and another project on the origins of independent agencies in America.

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