The Domestic Emoluments Clause has resurfaced in legal challenges tied to former President Donald Trump’s second term. The Constitutional Accountability Center, which previously litigated against Trump during his first administration, has now filed a lawsuit alleging violations of the clause in connection with the proposed Trump Presidential Library in Miami.

The complaint centers on a land gift from Miami-Dade Community College and the state of Florida to the Trump Presidential Library. The plaintiffs argue that this transfer constitutes an unconstitutional emolument under the Domestic Emoluments Clause, which prohibits federal officials from accepting gifts or emoluments from state or local governments.

Legal Background and Previous Challenges

During Trump’s first term, progressive groups filed lawsuits in New York, Maryland, and the District of Columbia, alleging that foreign and state governments provided unconstitutional emoluments by patronizing Trump properties. Seth Barrett Tillman and the author of this piece filed multiple amicus briefs in these cases, which ultimately stalled and ended after Trump left office.

The plaintiffs in those cases repeatedly sought extensions, despite claiming urgency. By the time the cases reached the Supreme Court’s merits docket, Trump was no longer in office, and the lawsuits concluded without resolution. No new cases emerged during Trump’s second term until now.

Key Details of the New Lawsuit

The current lawsuit names President Trump, the Trump Presidential Library, Florida Governor Ron DeSantis, Attorney General Ariana Uthmeier, and other state officials as defendants. The complaint does not involve foreign or state patronage of Trump businesses but instead focuses on the land transfer for the library.

Plaintiffs and Their Claims

The lawsuit includes two individuals and an urban farm operator as plaintiffs:

  • Residents near the library site: They allege that the library’s construction will block their view of Biscayne Bay, increase traffic, reduce their quality of life, and lower property values.
  • Sistrunk Seeds (Dunn’s Farm): The urban farm operator claims it had an informal partnership with Miami Dade College to develop an urban farm across from Biscayne Bay. However, the land was instead gifted to the Trump Presidential Library, preventing the farm’s expansion. The complaint notes that while there was no binding agreement, Miami Dade College had expressed serious consideration of Dunn’s Farm’s request.

The farm’s complaint states:

"The longstanding partnership between MDC and Dr. Dunn demonstrates that, at a minimum, MDC would have seriously considered Dunn's Farm's request for the land."

Legal Standing and Challenges

The lawsuit faces significant hurdles in proving standing and the merits of the Domestic Emoluments Clause claim. The plaintiffs’ arguments rely on indirect economic impacts rather than direct constitutional violations. Legal experts suggest that the case may struggle to overcome procedural and substantive challenges, similar to previous Emoluments Clause litigation.

Source: Reason