Eleanor Finch
Former President Donald Trump has been accused of violating the Emoluments Clause of the US Constitution. The clause, which is 49 words in Article I of the Constitution, prohibits the president from receiving any profit, gain, or advantage from any foreign or domestic government. Trump's alleged violations include accepting millions of dollars from foreign governments and a $10 million cash bribe from the Egyptian President. Citizens for Responsibility and Ethics in Washington (CREW) have argued that Trump's international businesses and real estate holdings positioned him to receive money from foreign governments, creating an opportunity for negative foreign influence in violation of the Emoluments Clause. Trump has denied these allegations, and the Department of Justice has defended him, arguing that an Emoluments Clause violation occurs only when the president receives compensation or gifts from a foreign country because of their official duty. Despite this defense, a federal judge allowed an emoluments case against Trump to move forward in 2023, finding that even a private benefit, advantage, or profit connected to private facilities owned by the president would be unconstitutional.
| Characteristics | Values |
|---|---|
| Date | May 2025 |
| Emoluments | Gifts, money, profit, gain, advantage |
| Who does it apply to? | Anyone holding an "Office of Profit or Trust under the United States" |
| Who it doesn't apply to | Relatives of government officials |
| Who it concerns | Foreign and domestic government officials, including the president |
| Who enforces it | Congress and the courts |
| How it is enforced | Through legislation and litigation |
| What happens if it is violated | Impeachment |
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What You'll Learn
Trump's violation of the Emoluments Clause
The Emoluments Clause, which is part of the US Constitution, prohibits federal officials, including the president, from accepting money or gifts from foreign governments without permission from Congress. The clause is designed to prevent foreign influence on the president and other federal officials.
Donald Trump has been accused of violating the Emoluments Clause since the beginning of his presidency in 2017. Before his inauguration, Trump decided to retain ownership and control of his business empire, which put him at odds with the Emoluments Clause. His businesses and real estate holdings were seen as potential sources of foreign influence and corruption, as they positioned him to receive money from foreign governments.
During his presidency, Trump's businesses received money from constitutionally prohibited sources. For example, Saudi lobbyists, funded by their government, spent almost $300,000 in three months at the Trump International Hotel in Washington, D.C. Additionally, the governor of Maine stayed at the same hotel on the taxpayers' dime, creating a conflict of interest.
Trump's alleged violations of the Emoluments Clause have been the subject of lawsuits and impeachment investigations. While some of these cases have been dismissed, they highlight the concerns over Trump's potential corruption and normalization of unethical behavior.
To address these issues, Congress could amend the Foreign Gifts and Decorations Act to require the president and businesses they hold financial interests in to report interests and income from foreign state investment vehicles or state-controlled businesses.
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The Foreign Emoluments Clause
The clause is designed to protect federal officeholders from "corrupting foreign influences" and acts as a catch-all to prevent foreign governments from influencing policy through gifts or titles. The Framers of the Constitution were aware of the dangers of foreign influence, even in situations that were not as blatant as quid pro quo bribery. The clause is also known as the Titles of Nobility Clause, and it is reinforced by the corresponding prohibition on state titles of nobility in Article I, Section 10.
During his presidency, Donald Trump has been accused of violating the Foreign Emoluments Clause by retaining ownership and control of his business empire. This has led to concerns about his receipts of gifts and money from foreign government sources, including a proposal by the Qatari government to give the United States a luxurious 747 plane for Trump's use as Air Force One. While some argue that this proposal constitutes a large gift, others, including Trump, describe it as a gift with no strings attached.
To address these concerns, Congress could amend the Foreign Gifts and Decorations Act to require the president and businesses in which they hold financial interests to report their income from foreign state investment vehicles or businesses. This would help ensure that the president's actions are serving the public and not their personal financial interests.
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The Domestic Emoluments Clause
The Framers of the Constitution were concerned about the potential for undue influence from individual states and officials profiting from new federal offices. The Domestic Emoluments Clause was intended to prevent this by isolating the president from potentially corrupting congressional influence. Alexander Hamilton commented on this, stating that with a fixed salary, Congress cannot "weaken his fortitude by operating on his necessities, nor corrupt his integrity by appealing to his avarice".
While the Domestic Emoluments Clause focuses on preventing undue influence from domestic sources, the Foreign Emoluments Clause addresses similar concerns regarding foreign influence. The Foreign Emoluments Clause, or Article I, Section 9, Clause 8, prohibits federal officeholders from receiving gifts, payments, or other objects of value from foreign states or their representatives without congressional consent.
The application of the Foreign Emoluments Clause to the president has been a subject of debate, with the Office of Legal Counsel and lower courts concluding that it does apply to the president. However, there have been challenges to enforcing this clause, as demonstrated in lawsuits involving President Trump's business interests and transactions with foreign governments during his first term.
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Trump's refusal to divest from business holdings
The Emoluments Clause, located at Article I, Section 9, Clause 8 of the US Constitution, prohibits any person holding a public office from accepting "any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State" without the consent of Congress. This clause is designed to prevent foreign governments from influencing US officials and to uphold the integrity of government institutions.
In 2017, Donald Trump refused to divest from his business holdings, breaking with the tradition of other modern presidents and going against the advice of ethics experts and government officials. Instead, he passed control of his companies to his sons, Eric and Donald Jr., and longtime CFO Allen Weisselberg. Trump's assets, including commercial real estate, licensing businesses, and cash holdings, were transferred to a trust under their control. This arrangement was criticized for not adequately addressing conflicts of interest, as Trump's wealth remained heavily tied to his business empire.
Trump's refusal to divest from his business holdings raised concerns about potential violations of the Emoluments Clause. During his presidency, foreign governments spent hundreds of thousands of dollars at his properties, and his companies received nearly $8 million from foreign governments during his first two years in office. Additionally, the Trump Organization revised its ethics policy in his second term to facilitate the receipt of foreign gifts, which likely violated the Foreign Emoluments Clause.
Trump's actions undermined public trust in the impartiality of the government and highlighted the need for legislative reform to address gaps in the existing Emoluments Clause. Congress could build legislation on top of the clause, addressing unresolved issues of application and strengthening its authority to consent or refuse consent to emoluments. This could include amending the Foreign Gifts and Decorations Act to require the disclosure of interests and income from foreign sources by the president and businesses they hold financial interests in.
In summary, Trump's refusal to divest from his business holdings led to concerns about conflicts of interest and potential violations of the Emoluments Clause. His actions underscored the importance of upholding the integrity of government institutions and protecting against foreign influence, which are fundamental principles enshrined in the US Constitution.
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Trump's call to 'terminate' the Constitution
The Emoluments Clause of the US Constitution prohibits any "Person holding any Office of Profit or Trust under [the United States]" from accepting "any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State". The clause is designed to prevent federal officials from being influenced by foreign powers or individual states in the union.
Donald Trump's business dealings have been criticised for violating the spirit and letter of the Emoluments Clause. Trump's decision to retain ownership and control of his business empire during his presidency put him at odds with the Constitution's anti-corruption provisions. There have been concerns over his acceptance of gifts and money from foreign governments, including the proposal by the Qatari government to gift the US a $400 million plane for Trump's use as Air Force One.
Some members of Congress have filed challenges to Trump's practices, but these have largely been dismissed due to a lack of standing or mootness after he left office. Congress has the authority to consent to the receipt of gifts under the Foreign Emoluments Clause and has passed legislation to address this issue, such as the Foreign Gifts and Decorations Act. However, there is a question of what constitutes an emolument, and there is a lack of court rulings on the Foreign Emoluments Clause.
Trump's actions have undermined public faith in the government and democracy. Impeachment has been suggested as a remedy for his violations of the Emoluments Clause, as it is a political solution to a president's egregious violations of the public trust. To address the issues with Trump's actions, Congress could pass legislation that addresses gaps in the current laws and strengthens the enforcement of the Emoluments Clause.
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Frequently asked questions
An emolument is defined as "the returns arising from office or employment usually in the form of compensation or perquisites." In the context of the Constitution, an emolument is considered any “profit, gain or advantage."
The Foreign Emoluments Clause is a provision in the Constitution that prohibits anyone holding any "Office of Profit or Trust under the United States" from receiving any "emolument" from foreign powers. It is located at Article I, Section 9, Clause 8.
There have been allegations that Trump's business interests and real estate holdings have positioned him to receive money from foreign governments, potentially influencing his decisions as President. Trump has also been accused of accepting gifts from foreign governments, such as a $400 million jet from Qatar, without seeking congressional approval.
Violating the Foreign Emoluments Clause can lead to impeachment proceedings. It is considered a breach of the public trust and a threat to the integrity of government institutions.
