Simone Lawson
The use of grand juries in the US criminal justice system is enshrined in the Fifth Amendment of the US Constitution, which requires their use for all felony offenses punishable by death or other serious crimes carrying a sentence of over a year. The Fifth Amendment also protects citizens from self-incrimination, meaning a grand jury cannot force a person to produce books and papers that would incriminate them. The Sixth Amendment, meanwhile, guarantees the right to counsel, though there is debate over whether this applies to grand jury witnesses. The role of the grand jury is to investigate potential criminal conduct and determine whether criminal charges should be brought, thus preventing prosecutorial misconduct. The prosecutor must be fair and not mislead the grand jury, and they are not permitted to present evidence obtained in violation of a defendant's constitutional rights. The number of grand jurors required to issue an indictment varies among the states, with some requiring a simple majority and others a supermajority.
| Characteristics | Values |
|---|---|
| Name | Foreign Emoluments Clause (also known as the Titles of Nobility Clause) |
| Location | Article I, Section 9, Clause 8 of the United States Constitution |
| Purpose | To prevent federal officials from being influenced by foreign powers and to prevent corruption |
| Scope | Applies to all federal officeholders, including the president |
| Prohibitions | Federal officials are prohibited from receiving gifts, emoluments, offices, or titles from foreign states and monarchies without the consent of Congress |
| Exceptions | Foreign gifts may be accepted with explicit Congressional approval |
| Domestic Emoluments Clause | Prohibits the president from receiving any emolument from the federal government or states beyond compensation for their services |
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What You'll Learn
- The Foreign Emoluments Clause prohibits federal officeholders from receiving gifts from foreign states
- The Domestic Emoluments Clause prohibits the president from receiving Emoluments beyond Compensation for services
- The Framers' intentions for the Clause were twofold: to prevent a society of nobility and protect the government from foreign influence
- The Clause is an anti-corruption measure, preventing public office from being sold or traded for political power
- The exact meaning of the Clause is debated, but it applies to all federal officeholders, including the president
The Foreign Emoluments Clause prohibits federal officeholders from receiving gifts from foreign states
The Foreign Emoluments Clause, also known as the Emoluments Clause, Gifts Clause, Foreign Gifts Clause, and Foreign Titles Clause, is a provision in Article I, Section 9, Clause 8 of the United States Constitution. The Clause prohibits federal officeholders from receiving gifts, emoluments, offices, or titles from foreign states, their rulers, officers, or representatives. It also prevents the federal government from granting titles of nobility.
The exact wording of the Clause is as follows:
> "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 is designed to shield federal officeholders from "corrupting foreign influences" and to prevent a society of nobility from being established in the United States. It reflects the Framers' anti-corruption commitment and their intention to protect the republican form of government from foreign influence.
The Office of Legal Counsel has advised that a violation of the Constitution occurs when the holder of an "Office of Profit or Trust", such as the President, receives money from a partnership or entity in which they have a stake, and the amount received is influenced by payments made to that entity by a foreign government. This creates a potential channel for “undue influence and corruption by [the] foreign government".
While there has been debate about the exact meaning and scope of the Clause, there is a consensus among legal scholars that it applies broadly to all federal officeholders, including the President. The Clause has seen a recent intellectual revival, with three major federal lawsuits filed against President Trump alleging violations of the Foreign Emoluments Clause.
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The Domestic Emoluments Clause prohibits the president from receiving Emoluments beyond Compensation for services
The United States Constitution contains two Emoluments Clauses: the Foreign Emoluments Clause and the Domestic Emoluments Clause. The Domestic Emoluments Clause, also referred to as Article II, Section 1, Clause 7, prohibits the president from receiving any "Emolument" from the federal government or the states beyond "a Compensation" for their "Services" as chief executive.
The purpose of the Domestic Emoluments Clause is to preserve the president's independence from Congress and state governments. It achieves this by containing two key provisions. Firstly, it fixes the president's salary for the duration of their term in office, preventing Congress from influencing the president by controlling their salary. Secondly, it bars the president from receiving any form of "Emolument" from the federal government or the states beyond their fixed salary. This prevents the president from being influenced by potentially corrupting congressional or state influence.
The exact meaning of "Emolument" has been debated, with some scholars arguing for a narrow definition that only includes compensation for the personal performance of services as an officer or employee. Others have suggested a broader definition, encompassing any profit, gain, advantage, or benefit. Under this broader definition, even ordinary, fair market value transactions between a covered official and the government would be prohibited.
The Domestic Emoluments Clause has been invoked in recent litigation involving President Donald Trump, where several litigants alleged that Trump's retention of certain business and financial interests violated the Clause. However, the Supreme Court ultimately found these cases moot without addressing their merits.
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The Framers' intentions for the Clause were twofold: to prevent a society of nobility and protect the government from foreign influence
The Framers' intentions for the Foreign Emoluments 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 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 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 Framers of the Constitution debated how to balance concerns about the corrupting influence of foreign gifts with the desire to conform to established diplomatic protocol. They ultimately adopted a provision from the Articles of Confederation, America's first national constitution, which stated that no person holding any office of profit or trust under the United States shall accept any present, emolument, office, or title of any kind from any foreign state or monarch.
The issue of titles was of serious importance to the Framers, as they felt that titles of nobility had no place in an equal and just society because they clouded people's judgment. Thomas Paine, in his criticism of nobility, wrote that titles blinded people from seeing the true character of a person, providing them with a lustre that hid their vices. The Framers intended the Clause to act as a catch-all for any attempts by foreign governments to influence state or municipal policies through gifts or titles.
The Foreign Emoluments Clause has rarely been subject to substantive judicial analysis or interpretation, and its exact meaning and scope remain debated. However, there is a consensus among legal scholars that the prohibition applies broadly to all federal officeholders, including the president. The Clause is an important example of the Framers' anti-corruption commitment, constitutionalizing a rule that went against international convention and made diplomacy more difficult for the new Republic's officials. During the Constitutional Convention, the Framers frequently discussed corruption, and Alexander Hamilton emphasised the need to prevent "cabal, intrigue, and corruption" in the Constitution.
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The Clause is an anti-corruption measure, preventing public office from being sold or traded for political power
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 prohibits federal officeholders from receiving gifts, emoluments, offices, or titles from foreign states and monarchies without the consent of Congress. The Clause is designed to prevent public office from being sold or traded for political power, thereby acting as an anti-corruption measure.
The Framers of the Constitution intended to prevent the establishment of a society of nobility in the United States and to protect the republican form of government from foreign influence. Alexander Hamilton, in Federalist No. 68, emphasised the importance of preventing "cabal, intrigue, and corruption". The Clause is a reflection of the Framers' anti-corruption commitment, which was a prominent topic during the drafting of the Constitution.
The exact scope and interpretation of the Clause have been debated, but there is a consensus that it applies broadly to all federal officeholders, including the President. The Clause has been described as a cornerstone of the Constitution, indicating its significance in safeguarding against corruption and foreign influence.
The Clause states that no person holding an "Office of Profit or Trust" under the United States shall, without the consent of Congress, accept any "present, Emolument, Office, or Title" from any foreign state or its representatives. This includes gifts of significant value, such as a gold-plated tea kettle, which would require approval from the Committee before acceptance.
In summary, the Foreign Emoluments Clause serves as an anti-corruption measure by preventing public office from being influenced or traded for political power. It ensures that federal officeholders remain independent and free from undue influence, thus upholding the integrity of the United States government.
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The exact meaning of the Clause is debated, but it applies to all federal officeholders, including the president
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 prohibits federal officeholders from receiving gifts, emoluments, offices, or titles from foreign states and monarchies without the consent of Congress. The exact meaning and scope of the clause have been debated, but there is a consensus among legal scholars that it applies broadly to all federal officeholders, including the president.
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 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. During the Constitutional Convention, the Framers frequently discussed corruption, with the word appearing fifty-four times in Madison's notebook from the summer of 1787. Alexander Hamilton, in Federalist No. 68, emphasised the importance of preventing "cabal, intrigue, and corruption". The Foreign Emoluments Clause is a reflection of the Framers' anti-corruption commitment, and it made diplomacy more challenging for the new Republic's officials.
The clause has been interpreted to mean that federal officeholders, including the president, cannot receive gifts or payments from foreign states or their representatives without Congressional approval. This interpretation is supported by historical records and past presidential practices. For example, during the 19th and 20th centuries, presidents who received gifts from foreign states routinely requested permission from Congress to accept them. Additionally, the Department of Justice's Office of Legal Counsel has opined that the President holds an "Office of Profit or Trust" and is therefore subject to the restrictions of the Foreign Emoluments Clause.
While the exact meaning of the Foreign Emoluments Clause is debated, there is a broad consensus that it applies to all federal officeholders, including the president. This interpretation is supported by historical context, past presidential practices, and legal opinions. The clause is an important aspect of the Constitution, reflecting the Framers' commitment to preventing corruption and foreign influence.
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Frequently asked questions
A grand jury is a group of citizens empowered by US federal or state law to conduct legal proceedings, primarily investigating potential criminal conduct and determining whether criminal charges should be brought.
The Fifth Amendment of the US Constitution requires the federal government to use grand juries for all felonies, but not misdemeanors. The Sixth Amendment right to counsel is also relevant to grand juries.
A grand jury's constitutional role is to prevent prosecutorial misconduct, verifying that the presented information (accusation) is sufficient evidence to pursue a prosecution. Grand juries also have investigative powers, such as being able to issue subpoenas and compel witnesses to testify.
