3. Appropriations Clause, Revenue Clause
"Congress has consistently voted much less money than President Trump requested to build an extensive, multi-billion-dollar wall with Mexico," the memo reads. "In violation of the Clause and the criminal prohibition of the Anti-Deficiency Act, President Trump has committed to spending billions of dollars far in excess of what Congress has appropriated for the wall. The congressional power of the purse is a cornerstone of the Constitution's separation of powers."
Article I, Section 7, Clause 1 of the Constitution requires all revenue measures to originate in the House of Representatives.
"In violation of the Clause, President Trump has raised tens of billions of dollars by unilaterally imposing tariffs with limitless discretion under section 232 of the Trade Expansion Act of 1962," the memo reads. "He has become a Foreign Trade Czar in imposing tariffs or quotas or granting exemptions from his trade restrictions in his unbridled discretion to assist political friends and punish political enemies. Literally trillions of dollars in international trade have been affected. Riches are made, and livelihoods destroyed overnight with the capricious stroke of President Trump's pen."
4. Emoluments Clause
"Article I, section 9, clause 8 prohibits the President (and other federal officers), without the consent of Congress, from accepting any 'present, emolument, office, or title, of any kind whatsoever, from any King, Prince, or foreign state.'
"President Trump has notoriously refused to place his assets in a blind trust," the memo reads. "Instead, he continues to profit from opulent hotels heavily patronized by foreign governments. He has permitted his family to commercialize the White House. He has compromised the national interest to enrich family wealth on a scale unprecedented in the history of the presidency."
5. Treaty Clause
Article II, Section 2, Clause 2 requires Senate ratification of treaties by two-thirds majorities. The text is silent as to whether treaty termination requires Senate ratification, and the Supreme Court held the issue was a non-justiciable political question in Goldwater v. Carter, 444 U.S. 996 (1979).
"President Trump flouted the Treaty Clause in terminating the Intermediate-Range Nuclear Forces Treaty (INF) with Russia unilaterally," the memo reads. "The treaty assigned the termination decision to the 'United States.' The President alone is not the United States under the Treaty Clause."
6. Declare War Clause
Article I, Section 8, Clause 11 empowers Congress alone to take the nation from a state of peace to a state of war. That power cannot be delegated.
"In violation of the Declare War Clause, President Trump has continued to wage or has initiated presidential wars in Libya, Somalia, Yemen, Syria, Iraq, Afghanistan, and Pakistan, and has used special forces offensively in several African nations," the memo reads. "President Trump has claimed authority to initiate war against any nation or non-state actor in the world -- not in self-defense -- on his say-so alone, including war against North Korea, Iran, or Venezuela."
7. Take Care Clause; Presentment Clause
Article II, Section 3 obligates the president to "take care that the laws be faithfully executed."
"In violation of that trust, President Donald J. Trump deliberately attempted to frustrate special counsel Robert Mueller's investigation of collaboration between the Trump 2016 campaign and Russia to influence the presidential election," Fein points out. "Among other things, the President refused to answer specific questions relating to his presidential conduct; endeavored to fire the special counsel; dangled pardons for non-cooperating witnesses; and, urged Attorney General Jeff Sessions to reverse his recusal decision to better protect his presidency. In all these respects, the President was attempting to obstruct justice."
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