THE CONSERVATISM OF ORIGINALISM:

It was for some a little too convenient, sending them scurrying to dictionaries for a definition of "emoluments," since neither the framers of the Constitution nor the justices of the Supreme Court have provided one.

Among the seekers was John Mikhail, a law professor with a PhD in philosophy and associate dean at the Georgetown University Law School. But while reporters, for example, tended to look it up in Merriam-Webster, Mikhail went to dictionaries available to the framers of the Constitution in 1787, which is what litigants do when trying to figure out what the Founding Fathers meant.

But Mikhail didn't stop at a few dictionaries. With the aid of a Georgetown law student, Genevieve Bentz, he embarked on a lexicological odyssey into dozens of long-forgotten dictionaries, published over a 200-year period before 1806, 40 regular dictionaries and 10 legal dictionaries, listed here.

The research yielded a very different, much broader definition than that put forward by Trump's lawyers. "Every English dictionary definition of 'emolument' from 1604 to 1806″ uses a "broad definition," including "profit," "advantage," "gain," or benefit," he wrote in his paper describing the research.

As to the "office-and-employment-specific" interpretation by Trump's team, Mikhail wrote that "over 92 percent of these dictionaries define 'emolument' . . . with no reference to 'office' or 'employment.' "

In other words, by his research, the emoluments clause would bar any benefit or profit to a president via a foreign state, whether in his capacity as president or in any other role, such as the owner of a hotel. It would, specifically, cover Saudi Arabia or Kuwait renting out space at the Trump International Hotel in Washington.

"I sort of felt like I had them in the crosshairs," he told The Washington Post on Thursday.

He did.

On Wednesday, Mikhail's labors paid off. In a historic decision, U.S. District Judge Peter Messitte in Greenbelt, Md., ruled that a suit brought by the District of Columbia and Maryland could go forward instead of throwing it out, as the administration desired.

Messitte cited, in part, what he called the "exhaustive" research of Mikhail, mentioning him by name 17 times.

And while citing numerous other factors, the judge's choice of definition proved crucial to the ruling, the first on the meaning of the Constitution's emoluments clauses. (There are two, one covering domestic gain, the other foreign.)

The judge noted that Mikhail's dictionary research was more extensive than that of the president's lawyers, covering "virtually every founding-era dictionary." Citing Mikhail again, Messitte said, "the President's definition appears in less than 8% of these dictionaries" vs. 92 percent for the broader meaning.

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