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The Titles of Nobility Amendment is a proposed and still-pending amendment to the United States Constitution. The 11th Congress passed it on May 1, 1810, and submitted it to the state legislatures for ratification. The amendment would strip US citizenship from any citizen who accepted a title of nobility from a foreign power. The Titles of Nobility Amendment has been mistakenly included as the Thirteenth Amendment in some early 19th-century printings of the Constitution, and this misconception has had legal implications. The issue of titles was of serious importance to the American Revolutionaries and the Framers of the Constitution, who wanted to prevent a society of nobility from being established in the United States.
| Characteristics | Values |
|---|---|
| Name of Amendment | Titles of Nobility Amendment |
| Date passed by Congress | May 1, 1810 |
| Clause | Article I, Section 9, Clause 8 |
| Also known as | Foreign Emoluments Clause, Federal Title of Nobility Clause |
| Prohibits | Granting of titles of nobility by the federal government |
| Federal officials from receiving gifts, emoluments, offices or titles from foreign states without consent of Congress | |
| Purpose | To shield federal officeholders from "corrupting foreign influences" |
| To prevent a society of nobility from being established in the U.S. | |
| To protect republican forms of government from influence by other governments | |
| Status | Still pending before the states |
| Ratified by | 11 states by early 1812 |
| Rejected by | Virginia, New York, Connecticut, Rhode Island |
| Misconception | Mistakenly included as the "Thirteenth Amendment" in some early 19th-century printings of the Constitution |
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What You'll Learn
The Titles of Nobility Amendment
The amendment would strip US citizenship from any citizen who accepted a title of nobility from an "emperor, king, prince or foreign power". It would also revoke the citizenship of any individual who accepted a "present, pension, office, or emolument" from any foreign state without congressional permission. The purpose of this amendment was to prevent those holding foreign titles, and thus the allegiance demanded by those titles, from being able to run for government office in the newly created Republic.
The amendment was ratified by 11 states by early 1812, but it was rejected by Virginia, New York, Connecticut, and Rhode Island. No other state legislature has completed ratification action on it. Congress did not set a time limit for its ratification, so the amendment is still pending before the states. There has been some confusion over whether the amendment was adopted, as it was mistakenly included as the "Thirteenth Amendment" in some early 19th-century printings of the Constitution. This misconception has led to claims that lawyers have lost their citizenship due to their use of the term "esquire", which is seen as a title of nobility acquired from a foreign power.
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The prohibition of titles of nobility
The United States Constitution prohibits the federal government from granting titles of nobility. This is outlined in Article I, Section 9, Clause 8, also known as the Foreign Emoluments Clause. The clause states that "No Title of Nobility shall be granted by the United States".
The Framers of the Constitution included this prohibition to prevent a society of nobility from being established in the United States and to protect the republican form of government from foreign influence. They believed that titles of nobility had no place in an equal and just society as they could cloud people's judgment.
The Title of Nobility Clause has been interpreted in different ways. On a narrow reading, it simply prohibits a federal system of hereditary privilege similar to the British aristocratic system. However, a broader interpretation suggests that it prohibits state action that confers advantages or wealth to a closed class of individuals, which could include the system of chattel slavery that existed in the American South when the Constitution was ratified.
In addition to the federal prohibition, the Constitution also includes a corresponding prohibition on state titles of nobility in Article I, Section 10.
Despite the inclusion of this clause in the Constitution, there have been attempts to amend it. The Titles of Nobility Amendment, passed by Congress in 1810, sought to strip United States citizenship from any citizen who accepted a title of nobility from a foreign power. However, the amendment failed to be ratified by the required number of states and is still pending before them. Interestingly, due to printing errors in the 19th century, the amendment was mistakenly included as the "Thirteenth Amendment" in some early publications of the Constitution, leading to confusion and legal debates even today.
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The Title of Nobility Clause
> 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 hate and despise in the little.
The clause was enacted without much debate during the Constitutional Convention, as it was a carry-over from the Articles of Confederation. Alexander Hamilton noted that nothing needed to be said to illustrate the importance of the prohibition of titles of nobility, stating that it "may truly be denominated the corner-stone of republican government".
Despite the existence of the Title of Nobility Clause, there has been some tension between the Constitution's guarantees and the reality of American slavery at the time of its ratification. In the antebellum South, there existed a system of lords and serfs, which seemed to contradict the spirit of the clause.
In addition, there have been debates and litigation surrounding the interpretation and application of the clause. For instance, some individuals known as "Thirteenthers" have claimed that the Titles of Nobility Amendment, which would strip US citizenship from citizens who accepted titles of nobility, became part of the Constitution. This amendment was passed by Congress in 1810 and ratified by 11 states, but it was never officially adopted due to a lack of ratification by the required number of states. However, it was mistakenly included as the "Thirteenth Amendment" in some early 19th-century printings of the Constitution, leading to confusion and legal arguments.
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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. 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. He asserted that a president who violates the clause "may be impeached."
The interpretation and application of the Foreign Emoluments Clause have evolved over time. Early versions of the clause, modelled on Dutch practices, were included in the Articles of Confederation (1781) and prohibited any person holding an office of profit or trust from accepting gifts from foreign entities. However, this proved challenging in practice as foreign powers continued to offer gifts to American emissaries, creating a conflict between adhering to the ban and maintaining diplomatic protocol.
The modern Foreign Emoluments Clause, as part of the Constitution, expressly permits officers to accept gifts from foreign governments with the consent of Congress. This consent requirement is a substantive change from the Articles of Confederation, which lacked such a provision. The prevailing view is that the modern clause only applies to federal offices, excluding state positions, potentially limiting its scope compared to its predecessor.
In recent years, the Foreign Emoluments Clause has been invoked in lawsuits against President Donald Trump, alleging that his retention of business and financial interests during his presidency violated the clause. These cases centred on issues of standing, the clause's applicability to the President and other elected officials, and the interpretation of the term "emolument."
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The Republican Guarantee Clause
The US Constitution prohibits the federal government from granting titles of nobility. This is known as the Title of Nobility Clause, which is derived from the Articles of Confederation. The Articles of Confederation, ratified in 1781, provided that:
> any person holding any office of profit or trust under the United States, or any of them shall not accept any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state.
The Title of Nobility Clause was enacted without debate in the Constitutional Convention, as it was a carry-over from the Articles of Confederation. The Clause is intended to prevent the establishment of a society of nobility in the United States and to uphold the republican character of the American government. It complements the prohibition on "Corruption of Blood" in Article III, Section 3, ruling out the creation of certain caste-specific legal privileges or disabilities based solely on birth.
The Title of Nobility Clause is also related to the Foreign Emoluments Clause, which prohibits federal officeholders from accepting gifts, payments, or other benefits from foreign states or their representatives without the consent of Congress. The Emoluments Clause is derived from Article VI of the Articles of Confederation and seeks to protect the republican character of the United States from corrupting foreign influences. The Framers of the Constitution were concerned about the potential influence of gifts from foreign powers on American officials, and so the practice of requiring Congressional approval for accepting gifts from foreign states was institutionalised.
In 1810, Democratic-Republican Senator Philip Reed of Maryland introduced a Constitutional amendment expanding on the Title of Nobility Clause. The amendment, known as the Titles of Nobility Amendment, provided that any US citizen who accepted or retained any title of nobility from a foreign government would be stripped of their US citizenship. The amendment was approved by Congress and sent to the state legislatures for ratification. While it was ratified by 11 states, it was ultimately rejected by Virginia, New York, Connecticut, and Rhode Island, and so it never became part of the Constitution. However, the amendment is still technically pending before the states as Congress did not set a time limit for its ratification.
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Frequently asked questions
The Titles of Nobility Amendment is a proposed and still-pending amendment to the United States Constitution that would strip United States citizenship from any citizen who accepted a title of nobility from an "emperor, king, prince or foreign power".
The Foreign Emoluments Clause is a provision in Article I, Section 9, Clause 8 of the United States Constitution that prohibits the federal government from granting titles of nobility and restricts federal officials from receiving gifts, emoluments, offices, or titles from foreign states and monarchies without the consent of the United States Congress.
The purpose of the Foreign Emoluments Clause is to shield federal officeholders in the United States from so-called "corrupting foreign influences".
The Titles of Nobility Amendment was passed by Congress on May 1, 1810, and sent to the state legislatures for ratification. It was ratified by 11 states by early 1812, but it was never ratified by the required 13 states. The amendment is still pending before the states as Congress did not set a time limit for its ratification.
The Titles of Nobility Amendment was mistakenly included as the "Thirteenth Amendment" in some early 19th-century printings of the Constitution. This misconception has led to claims that lawyers who use the word or abbreviation "Esquire" have lost their citizenship or are disqualified from public office.
