Government,
Constitutional Law
Sep. 13, 2018
Foreign emoluments lawsuit presents standing questions
Do members of Congress have standing to sue President Donald Trump for violating the foreign emoluments clause of the Constitution?
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
Congress' ability to turn to the federal courts to vindicate its constitutional authority inevitably raises the question of standing. Congressional plaintiffs, whether they be individual members, the houses of Congress, or legislative committees, must meet the "case or controversy" (Article III, Section 2) standing requirement. Unless a claim strictly fits within the bounds of Article III, a federal court lacks the jurisdiction to act.
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