Thursday, February 16, 2017

Trump can be held accountable for violating the Constitution, even if Congress doesn’t care

https://thinkprogress.org/how-trump-can-be-held-accountable-for-violating-the-constitution-even-if-congress-doesnt-care-45677e6b85f7#.jx9idc7oj
"State attorneys general have the power to bring actions against corporations, something known as a “Quo Warranto” proceeding, to determine whether the corporations are a conduit for illegal activity. This is known as a corporation acting “ultra vires” or beyond its legal authority. In this case, the proceeding would determine whether Trump’s corporate entities are being used as a conduit for illegal emoluments to Trump. Importantly, the case would involve a public official (a state attorney general) suing a private entity (the Trump Organization). This means standing would be on much firmer ground. In many states, Quo Warranto authority has been explicitly provided to the state attorney general by statute. In New York, for example, the attorney general has the authority to bring such an action against a corporation under New York Business Corporation Law § 1101"