Omar Bennett
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 that prohibits federal officeholders from receiving gifts, payments, or any other objects of value from foreign states without the consent of Congress. The purpose of this clause is to prevent corruption and improper foreign influence on federal officeholders. While the exact interpretation of the clause has been debated, it is generally understood to apply to all federal officeholders, including the president. Throughout history, there have been several lawsuits alleging violations of the Emoluments Clause, including during the administrations of Presidents Donald Trump and George Washington.
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What You'll Learn
The Foreign Emoluments Clause
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 interpretation and scope of the Foreign Emoluments Clause have been debated, with some arguing that it applies only to appointed officials and others extending its reach to include elected officials as well. The Department of Justice's Office of Legal Counsel has opined that the language of the clause is "both sweeping and unqualified," indicating that it was intended to have a broad scope and applicability.
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The Domestic Emoluments Clause
The Emoluments Clause of the U.S. Constitution comprises two distinct provisions: the Foreign Emoluments Clause and the Domestic Emoluments Clause. The latter, outlined in Article II, specifically applies to the President of the United States.
The purpose of the Domestic Emoluments Clause is to prevent the president from being improperly influenced by other governmental bodies within the U.S. It ensures that the president remains independent of external influence from within the country and maintains their integrity as a federal officeholder.
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The scope of the Emoluments Clause
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, emoluments, offices, or titles from foreign states without congressional consent. The exact scope and meaning of the clause have been debated, but the consensus among legal scholars is that it applies broadly to all federal officeholders, including the president.
The clause states that no person holding any "Office of Profit or Trust" under the United States shall, without the consent of Congress, accept any "present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State". The phrase "Office of Profit or Trust" is generally understood to refer to all appointed officials, but there is debate about whether it also includes elected officials. The Department of Justice's Office of Legal Counsel has opined that the President holds an office of profit and trust under the Constitution.
The purpose of the Foreign Emoluments Clause is to prevent corruption and safeguard federal officeholders from improper foreign influence. It ensures that the country's leaders are not influenced, even unconsciously, through gift-giving or other forms of patronage. This clause is reinforced by the corresponding prohibition on state titles of nobility in Article I, Section 10, and the Republican Guarantee Clause in Article IV, Section 4.
The Foreign Emoluments Clause is a "negative" clause, meaning it restricts the passage of legislation for a particular purpose. It is constitutionally unique in that it is a negative clause without a positive converse. This means there is no express or implied positive grant of authority to balance the restrictions imposed by the clause. The clause has rarely been subject to substantive judicial analysis or interpretation, and its interpretation has never been litigated before the U.S. Supreme Court. However, it has been cited by the Supreme Court in passing to make rhetorical points.
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Historical context
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, emoluments, offices, or titles from foreign states and monarchies without the consent of Congress. The clause is designed to prevent external influence and corruption of American officials by foreign states and to shield federal officeholders from "corrupting foreign influences".
The historical context of the Emoluments Clause dates back to the 18th century and the early days of the American republic. The first governing framework of the U.S., the Articles of Confederation, ratified in 1781, included a similar provision to the Emoluments Clause. This early version prohibited any person holding an office of profit or trust under the United States from accepting any gifts, emoluments, offices, or titles from any foreign state or monarch. 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 form of government from being influenced by other governments.
During the Constitutional Convention, the debate about the difference between gifts that were corrupt and those that were societally valuable was ongoing. The inclusion of the Emoluments Clause in the Constitution reflected a broader commitment to fighting corruption and preventing undue foreign influence. Alexander Hamilton, in Federalist No. 22, emphasised the vulnerability of republics to "foreign corruption". The final text of the clause included a provision that permitted the acceptance of foreign gifts with explicit congressional approval, perhaps influenced by Benjamin Franklin's experience as American minister to France, where he received a bejewelled snuff box from Louis XVI and sought Congress's permission to keep it.
In the 19th and 20th centuries, presidents routinely requested Congress's permission to accept gifts from foreign states, and foreign rulers were informed of the constitutional restriction. A constitutional amendment was introduced in 1810 to modify the Emoluments Clause, proposing to strip the citizenship of any US citizen who accepted titles of nobility from a foreign government. However, this amendment was never ratified.
The Emoluments Clause has rarely been subject to substantive judicial analysis or interpretation, and its exact meaning and scope remain debated. The consensus among legal scholars is that the clause applies broadly to all federal officeholders, appointed or elected, including the president. The interpretation and enforcement of the Emoluments Clause continue to be relevant in modern times, with lawsuits filed against President Donald Trump alleging violations of both the Foreign and Domestic Emoluments Clauses.
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Modern-day legal disputes
The Emoluments Clause, also known as the Foreign Emoluments Clause, has been invoked in modern times to hold public officials accountable, particularly the President, for their business dealings and financial interests.
Trump Administration
One of the most notable examples of modern-day legal disputes involving the Emoluments Clause is the case of *Blumenthal v. Trump*. In this case, President Trump did not dispute that he was subject to the Foreign Emoluments Clause. However, the final litigated issue was the meaning and scope of the term "emolument" and whether it includes private, arm's-length market transactions.
Trump's vast business interests and his retention of ownership in businesses that received payments from foreign officials and agents of domestic governments raised concerns about potential conflicts of interest. The Trump International Hotel in Washington, D.C., for instance, was alleged to have served as a gathering place for foreign and domestic politicians seeking to gain favor, benefiting Trump's personal finances.
The outcome of these disputes was influenced by the complexities of modern business interests intertwined with government roles, and the courts grappled with defining what constitutes an "emolument" in the contemporary global political economy. While lower courts offered mixed rulings, many issues were left unresolved as they were dismissed as moot when President Trump's term concluded.
Qatar Airplane Gift
Another example of a modern-day legal dispute involving the Emoluments Clause is the controversy surrounding a gift from Qatar. In this case, Qatar offered an airplane valued at an estimated US$400 million to the United States. While the gift was intended to be transferred to the Trump presidential library foundation via the Department of Defense, it raised concerns about potentially violating the Emoluments Clause. Conservative political commentator Erick Erickson criticized Trump's plan to accept the gift, highlighting the widespread criticism it received from other conservatives.
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Frequently asked questions
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.
The Emoluments Clause prohibits federal officeholders from receiving gifts, payments, or any other objects or services of value from foreign states or their representatives without the consent of Congress.
The purpose of the Emoluments Clause is to prevent corruption and improper foreign influence on federal officeholders, including the President.
The Emoluments Clause applies to all federal officeholders, whether appointed or elected, up to and including the President. However, there is debate over whether it extends to elected officials.
No, the President's salary is fixed for the duration of their term, and Congress cannot increase or decrease it. This provision preserves the President's independence from Congressional influence.
