Foreign Titles: Are They Legal For Us Citizens?

The United States Constitution's Foreign Emoluments Clause, also known as the Titles of Nobility Clause, prohibits federal officials from accepting gifts, emoluments, offices, or titles from foreign states without congressional approval. The purpose of this clause is to protect federal officials from corrupting foreign influences and the potential conflict of interest that could arise from receiving foreign titles or honours. The clause has been interpreted as implying that US citizens who accept titles of nobility from foreign powers without congressional consent are stripped of their US citizenship, although this interpretation has never been upheld by US courts. The Titles of Nobility Amendment, which would have explicitly revoked the citizenship of US citizens who accepted foreign titles, was passed by Congress in 1810 but failed to be ratified by the required number of states and is still pending.

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The Foreign Emoluments Clause

The Framers' intentions for this clause were twofold: to prevent a society of nobility from being established in the United States and to protect the republican forms of government from being influenced by other governments. In Federalist No. 22, Alexander Hamilton stated, "One of the weak sides of republics, among their numerous advantages, is that they afford too easy an inlet to foreign corruption." The Foreign Emoluments Clause is constitutionally unique as it is a "negative" clause—a restriction prohibiting the passage of legislation for a particular purpose.

The prohibition against officers receiving presents or emoluments is essentially an anti-bribery rule to prevent influence by a foreign power. At the Virginia Ratifying Convention, Edmund Randolph, a delegate to the Constitutional Convention, identified the clause as a key provision against the danger of "the president receiving emoluments from foreign powers." The Department of Justice Office of Legal Counsel has opined that the language of the Emoluments Clause is "sweeping and unqualified," indicating that the drafters intended the prohibition to have the broadest possible scope and applicability.

The modern Foreign Emoluments Clause expressly permits officers of the United States to accept gifts from foreign governments with the consent of Congress. However, the prevailing view is that the modern clause has a more limited scope than its Confederation-era predecessor, as it only applies to Offices of Profit or Trust under the United States, and not to state positions. The interpretation of whether the clause reaches federal elected positions, such as Representative, Senator, Vice President, and President, remains a difficult challenge.

Titles of Nobility Clause

The Titles of Nobility Clause, also known as the Foreign Emoluments Clause, is a provision in Article I, Section 9, Clause 8 of the United States Constitution. This clause serves to prohibit the federal government from granting titles of nobility and restricts members of the federal government from receiving gifts, emoluments, offices, or titles from foreign states and monarchies without the consent of the United States Congress. The clause is designed to protect federal officeholders from "corrupting foreign influences" and to prevent the establishment of a society of nobility in the United States.

The clause states: "No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State." The first half of this provision, known as the federal Title of Nobility Clause, specifically addresses the granting of titles by the United States. The second half focuses on restricting federal officials from accepting gifts or titles from foreign entities without congressional approval.

The Framers of the Constitution, including Alexander Hamilton, recognized the importance of safeguarding against "foreign corruption" and ensuring that foreign governments could not influence state or municipal policies through gifts or titles. This clause is unique in its negative nature, serving as a restriction on legislation rather than a grant of power.

In addition to the Titles of Nobility Clause, there are corresponding prohibitions on state titles of nobility in Article I, Section 10, and the Republican Guarantee Clause in Article IV, Section 4, which further reinforce the principle of shielding federal officeholders from foreign influences.

It is worth noting that the interpretation and enforcement of the Titles of Nobility Clause have evolved over time. While it was rarely discussed or examined by courts for much of its history, modern presidents have taken steps to avoid potential conflicts of interest by vesting their assets into blind trusts. Additionally, there have been debates and legal challenges regarding the application of the clause to specific individuals, such as retired military personnel and lawyers, with some asserting that certain interpretations could result in the loss of citizenship or disqualification from public office.

The Titles of Nobility Amendment

The purpose of the Titles of Nobility Amendment was to prevent those holding foreign titles, and thus the allegiance demanded by those titles, from running for government office in the newly created Republic. This was out of fear that foreign powers bestowing those titles would use them to influence the passing or impeding of laws. At the time, there was a persistent worry that noble titles and pensions from foreign governments would be used as bribes.

There has been some confusion regarding the ratification of the Titles of Nobility Amendment. Due to printing errors in the early 19th century, the amendment was mistakenly included as the "Thirteenth Amendment" in some early publications of the Constitution. This error has led to claims by some individuals, known as Thirteenthers, that the Titles of Nobility Amendment became part of the Constitution. However, this assertion has never been upheld by any court in the United States, and the official conclusion is that the amendment was not adopted.

Despite the confusion surrounding its ratification, the Titles of Nobility Amendment remains an interesting piece of historical context, reflecting the fears and concerns of the time. It showcases the suspicions and accusations of collusion with foreign states that were prevalent during that era.

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The Emoluments Clause and the Foreign Gifts and Decorations Act

The Emoluments Clause, also known as the Foreign Emoluments Clause, is a provision in Article I, Section 9, Clause 8 of the United States Constitution. It prohibits federal officeholders from receiving gifts, payments, or other things of value from foreign states or their rulers without the consent of the United States Congress. The clause is designed to prevent the corrupting foreign influences and protect the integrity of federal officeholders in the United States.

The Foreign Gifts and Decorations Act is legislation passed by the United States Congress that allows American military and civilian personnel to receive gifts and decorations from foreign governments under certain conditions. This Act provides explicit consent for the acceptance of foreign gifts, in line with the requirements of the Emoluments Clause.

The Emoluments Clause, as elaborated by the Comptroller General of the United States and the U.S. Department of Justice Office of Legal Counsel, also applies to retired military personnel. According to their interpretation, retired military personnel must seek prior consent from Congress before accepting employment, consulting fees, gifts, travel expenses, honoraria, or salaries from foreign governments. This interpretation has been contested by retired military officers, who argue that the clause should also apply to retired civil service members to ensure equal treatment.

The application of the Emoluments Clause has been a subject of debate, with some arguing for a broad interpretation that includes all federal officeholders, while others focus on preventing conflicts of interest and undue foreign influence. The clause has been invoked in recent times, with lawsuits alleging violations by former President Donald Trump, and investigations into Michael T. Flynn, a former government official, for allegedly receiving money from the Russian government during a trip to Moscow in 2015.

State-granted titles of nobility

The United States Constitution contains a provision known as the Foreign Emoluments Clause, which is a part of Article I, Section 9, Clause 8. This clause, also referred to as the Titles of Nobility Clause, prohibits the federal government from bestowing titles of nobility and restricts members of the federal government from accepting gifts, emoluments, offices, or titles from foreign states and monarchies without obtaining the consent of the United States Congress. The purpose of this clause is to safeguard federal officeholders in the United States from the influence of "corrupting foreign influences".

The Foreign Emoluments Clause is reinforced by two additional provisions: the corresponding ban on state titles of nobility outlined in Article I, Section 10, and the Republican Guarantee Clause in Article IV, Section 4. These provisions collectively emphasize the importance of preventing conflicts of interest and safeguarding against potential corruption by foreign entities.

The Titles of Nobility Amendment, proposed by the 11th Congress on May 1, 1810, further elaborates on the issue of state-granted titles of nobility. This amendment asserts that any United States citizen who accepts a title of nobility or honour from a foreign entity, such as an emperor, king, prince or foreign power, shall have their US citizenship revoked and be barred from holding any office of trust or profit. While this amendment was never officially ratified and is still pending before the states, it underscores the seriousness with which the founding fathers viewed the issue of foreign influence and the potential conflicts arising from individuals holding foreign titles.

The interpretation and application of the Titles of Nobility Amendment have been a subject of debate, with some individuals known as "Thirteenthers" claiming that it became a part of the Constitution. This claim stems from early 19th-century printings of the Constitution that mistakenly included the amendment as the "Thirteenth Amendment". This error has had legal implications, with some litigants arguing that lawyers who use the title "Esquire" have forfeited their citizenship or are ineligible for public office. However, courts have consistently rejected these assertions, clarifying that the Titles of Nobility Amendment is distinct from the actual Thirteenth Amendment.

In summary, the United States Constitution, through the Foreign Emoluments Clause and related provisions, aims to prevent federal and state governments from granting titles of nobility and to shield federal officeholders from the influence of foreign entities. The Titles of Nobility Amendment, although never ratified, further emphasizes the consequences of accepting foreign titles, highlighting the importance placed on preventing conflicts of interest and preserving the integrity of public office in the United States.

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