1. If we can find a legitimate meaning for it, a function, that meaning should be favored over a meaning that makes "Government" mere surplus, right? And ? Congressional Record: Containing the Proceedings of the Senate Sitting for the Trial of William W. Belknap, Late Secretary of War, on the Articles of Impeachment Exhibited by the House of Representatives 130 (Washington, Government Printing Office 1876) (Senator George Sewell Boutwell stating;President is not an officer of the United States. As was tersely said by the Senator from Massachusetts,1876
2. The President is a department [Tillman addingnot an 'officer'] of the government; and . . . the only department which consists of a single man;Op;U.S. AG LEXIS,1861
3. It is obvious that . . . the President is not regarded as 'an officer of, or under, the United States;David A Mcknight;THE UNITED STATES
4. But we do not presume constitutional actors forget their duties. Even if we did presume it here, the evidence as to original public meaning circa 1787 is still 100% good. Why? The gift of the key to the Bastille was known to the country; it was widely reported in the papers. And the portrait and frame were on display in his home in the anteroom where he entertained official visitors. The portrait is discussed in the letters of people who visited his home. It was a full-length print of Louis XVI: the portrait has Louis XVI's coat of arms on it ABOVE Washington's family's crest. So a lot of people were in the know that GW received foreign government gifts. And that is the essential point. No one (as far as I know) in the country complained in regard to GW's conduct. So this evidence goes to public meaning circa 1787, not original intent. You find me the contemporaneous voice of complaint in regard to GW's conduct and I'll pay for dinner. When you go beyond GW's conduct, and include Hamilton's 1792 letter to the Senate; and Chase's 1802 letter to Marshall, it makes a reasonable case for an understanding of "office under the United States;Yes, he could have forgotten the clause, and he could have been mistaken as to its meaning if he had not forgotten it. But what a mistake! What a mistake to make if you valued your reputation for honest conduct, personal honor, probity, and fair play
5. Emoluments Clause and the Foreign Gifts and Decorations Act to the President's Receipt of the Nobel Peace Prize;Op. Off. Legal Counsel,2009