Eleanor Finch
The US Constitution prohibits the federal government and state governments from bestowing titles of nobility. The Foreign Emoluments Clause, also known as the Titles of Nobility Clause, is a provision in Article I, Section 9, Clause 8 of the US Constitution, that prohibits the federal government from granting titles of nobility. The corresponding prohibition on state titles of nobility can be found in Article I, Section 10. 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. The Titles of Nobility Amendment, introduced in 1810, aimed to restrict and strip citizenship from anyone who accepted a title of nobility from a foreign power, but it failed to gain enough state ratifications to be officially adopted.
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What You'll Learn
- The US Constitution prohibits granting titles of nobility by the federal government or the states
- Titles of nobility are associated with land grants and hereditary descent of title and privilege
- The Foreign Emoluments Clause prevents the establishment of a society of nobility in the US
- The Titles of Nobility Amendment was proposed but never adopted as part of the Constitution
- The Amendment would have revoked the citizenship of anyone awarded a title of nobility
The US Constitution prohibits granting titles of nobility by the federal government or the states
The United States Constitution, specifically Article I, Sections 9 and 10, prohibits the federal government and the states from granting titles of nobility. This prohibition is known as the Foreign Emoluments Clause or the Titles of Nobility Clause.
The Framers of the Constitution had two main intentions for this clause. Firstly, they wanted to prevent the establishment of a society of nobility in the United States, as titles of nobility were seen as having no place in an equal and just society. Secondly, they wanted to protect the republican form of government from being influenced by foreign powers. The clause was designed to shield federal officeholders from "corrupting foreign influences" and prevent foreign governments from influencing state policies through the granting of gifts or titles.
The Titles of Nobility Clause has been interpreted to prohibit not just titles of nobility but also any badges of ignobility or other governmental grants of enduring favour or disfavor to particular classes based on birth or non-merit-based criteria. This interpretation aims to prevent the creation of privileged classes within the states and ensure equal opportunities for all citizens.
Despite the existence of this clause, there has been little case law directly interpreting it, mainly because neither the federal government nor any state has shown a strong inclination to grant titles of nobility. However, the clause has been used to interpret other clauses of the Constitution, and it continues to be relevant in discussions about preventing corruption and foreign influence in government.
In conclusion, the US Constitution's prohibition on granting titles of nobility by the federal government or the states reflects the Framers' desire to create an equal and just society, free from the influence of foreign powers and the potential corruption that could come from a nobility class.
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Titles of nobility are associated with land grants and hereditary descent of title and privilege
The concept of nobility is associated with the highest social class in pre-modern societies, typically ranked immediately below royalty. Historically, nobility was granted by monarchs or governments, often in exchange for allegiance, military services, or as a reward for sufficient power, wealth, or royal favour. While the existence of nobility varies by country and era, it is typically associated with substantial advantages, exclusive functions, and legal or social privileges.
The creation of nobility in the United States is prohibited by the Constitution, specifically by the Titles of Nobility Clause (also known as the Foreign Emoluments Clause) in Article I, Section 9, Clause 8, and reinforced by similar provisions in Article I, Section 10, and Article IV, Section 4. These clauses were intended to prevent the establishment of a society of nobility and to shield federal officeholders from "foreign corruption" or influences from other governments.
The interpretation of the scope of the Titles of Nobility Clause is a matter of debate. Some argue for a narrow reading, prohibiting a federal system of hereditary privilege akin to the British aristocratic system. Others suggest a broader interpretation, precluding governmental grants of enduring favour or disfavor based on birth or non-merit-based criteria, which aligns with the broader goal of preventing the creation of privileged classes within the states.
While there has been little case law directly interpreting the Titles of Nobility Clauses, it is clear that the creation of nobility in the United States is not permitted, reflecting the ideals of equality and meritocracy that are valued in modern societies.
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The Foreign Emoluments Clause prevents the establishment of a society of nobility in the US
The Foreign Emoluments Clause, also known as the Titles of Nobility Clause, is a provision in Article I, Section 9, Clause 8 of the United States Constitution. It states that:
> 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 clause was designed to prevent the establishment of a society of nobility in the United States and to protect the republican form of government from being influenced by foreign governments. It was included in the Constitution to prevent "foreign corruption" and to act as a catch-all for any attempts by foreign governments to influence policies through gifts or titles.
The Framers' intentions for the clause were twofold. Firstly, to prevent a society of nobility from being established in the United States, and secondly, to protect the republican forms of government from being influenced by other governments. Alexander Hamilton, in Federalist No. 22, acknowledged the vulnerability of republics to foreign corruption, stating:
> 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 occasionally cited by the Supreme Court to make a rhetorical point. For example, in Citizens United v. Fed. Election Comm'n, the Court noted that the Framers would have been surprised by the notion that Congress might lack the authority to distinguish between foreigners and citizens in the regulation of electioneering.
The Clause has been interpreted to mean that titles of nobility have no place in an equal and just society because they cloud people's judgment. Thomas Paine, in a criticism of nobility, wrote:
> Dignities and high-sounding names have different effects on different beholders. The lustre of the Star and the title of My Lord, over-awe the superstitious vulgar, and forbid them to inquire into the character of the possessor: Nay more, they are, as it were, bewitched to admire in the great, the vices they would have.
The Foreign Emoluments Clause, along with other constitutional provisions like the Thirteenth, Fourteenth, and Fifteenth Amendments, helps to ensure impartial governance and prevent the creation of privileged classes within the United States. It prohibits the granting of titles of nobility by the federal government or the states, barring hereditary grants of special privileges.
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The Titles of Nobility Amendment was proposed but never adopted as part of the Constitution
The Titles of Nobility Amendment, which was originally passed in 1810, was proposed but never officially adopted as the Thirteenth Amendment to the Constitution. The amendment sought to restrict and strip citizenship from anyone who accepted a title of nobility from a "foreign power", such as an "emperor, king, prince", and so on. The amendment was approved by the Senate and the House of Representatives with comfortable majorities, but it failed to reach the required number of state ratifications.
The amendment was proposed during a time of anxiety about European influence on the United States, particularly with the impending War of 1812 with Great Britain. There was a persistent fear of foreign nations using noble titles and pensions as bribes to influence American citizens. The amendment, therefore, aimed to prevent a society of nobility from being established in the United States and to protect the republican form of government from foreign corruption.
Despite the official conclusion that the amendment was not adopted, there have been instances of it being erroneously printed as if it had been adopted. This occurred in an 1815 publication of the "Laws of the United States" by Bioren and Duane, where the proposed amendment was printed as "Article 13" without any indication that it had not yet passed into law. This error was perpetuated in various publications, including official ones, until sometime after 1845.
The assertion that the Titles of Nobility Amendment has been ratified by the required number of states has never been upheld by any court in the United States. In several court cases, claims that the amendment was ratified have been dismissed. The amendment was also explicitly described as unadopted by the Supreme Court in 1921 and by dissenting justices in 1939 and 1967.
As a result of the amendment not being adopted, the U.S. Constitution prohibits the federal government and state governments from bestowing titles of nobility. However, it does not prevent U.S. citizens from accepting titles of nobility from foreign royalty with Congress's consent.
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The Amendment would have revoked the citizenship of anyone awarded a title of nobility
The Titles of Nobility Amendment, proposed in 1810, would have revoked the citizenship of any individual who accepted a "title of nobility or honour" or who accepted any "present, pension, office, or emolument" from any foreign state without congressional permission. The amendment was passed by Congress but was not ratified by a sufficient number of states. It aimed to prevent the establishment of a society of nobility in the United States and shield federal officeholders from foreign influence or corruption.
The amendment states that if any citizen of the United States shall accept, claim, receive or retain any title of nobility or honour, or shall, without the consent of Congress, accept and retain any present, pension, office or emolument of any kind from any emperor, king, prince or foreign power, they shall cease to be a citizen of the United States. It was designed to protect the ideals of equality and meritocracy, with Thomas Paine critiquing nobility as blinding people from seeing the true character of a person.
The amendment was influenced by rising fears during the decade preceding the War of 1812 that the United States would be recaptured and marginalised by European powers, particularly Britain and France. There was a perception of foreign threat, and the amendment was intended to prevent the recruitment of American officials and citizens by foreign states with titles or other attractive offers. This amendment was also a response to the marriage of Napoleon Bonaparte's brother, Jerome, and Betsy Patterson of Baltimore, Maryland, who gave birth to a boy for whom she wanted aristocratic recognition. The child, Jérôme Napoléon Bonaparte, would have held US citizenship through his mother, and there was a desire for nobility from the family.
Despite the amendment's failure to be ratified, it was widely believed to be part of the Constitution well into the late nineteenth century. It was mistakenly included as the "Thirteenth Amendment" in some early 19th-century printings of the Constitution and in the statutory law code of Virginia between 1819 and 1867. This error has led to the misconception that lawyers who use the term "Esquire" have lost their citizenship, as it was believed to be a title of nobility acquired from a foreign power.
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Frequently asked questions
No one. The US Constitution prohibits the federal government and state governments from bestowing titles of nobility.
The Titles of Nobility Clause, also known as the Foreign Emoluments Clause, is a provision in Article I, Section 9, Clause 8 of the US Constitution.
The Clause prohibits 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 Congress.
The intention of the Framers was 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.
