Originally posted by @mchill
SH76 or no1maruder - You folks know this better than any of us, is this really enforceable, or is this just some old blue law no one pays any attention to? On the surface it looks like President Trump is guilty on several fronts here, but the courts have not seen fit to do much about this, even as Donald Trump Jr. is in India huckstering for his father's com ...[text shortened]... ident.
Well, yes, it's enforceable. But the question is who is going to enforce it and by what remedy.
Let's start with the courts. I don't really see a mechanism by which they enforce it. Crimes are defined by the United States Code, not the Constitution. As far as I know, there is nothing in the Code making it a crime for a President to violate the emoluments clause.
Courts can declare an act of the Executive unconstitutional. So, theoretically, there could be a court ruling that President Trump violated the emoluments clause, but I have trouble seeing how a case would get into federal court about that. Someone needs to have standing to sue first. Someone needs to show a legally cognizable injury that he suffered because of Trump's violation of the emoluments clause. Very difficult. But even assuming someone could do that, what would the remedy look like? Perhaps an injunction to comply with the emoluments clause henceforth? Maybe. But courts are equally likely to decline to hear that type of case under the "political question" doctrine.
Congress could enforce the clause with its impeachment power. Is violation of the emoluments clause a "high crime or misdemeanor"? Well, that's really up to Congress to decide as nobody has ever really given a binding definition of the impeachment grounds.
So, yes, Congress could enforce it by impeaching him. But the courts? Doubtful.