Isabella Carter
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 was drafted in 1787 and ratified in 1788. It prohibits federal officeholders from receiving gifts, payments, or titles from foreign states or their representatives without the consent of Congress. The clause was designed to prevent foreign influence and corruption of American officials and to ensure their loyalties remained with the United States. While there has been some debate regarding the exact meaning and scope of the clause, it is generally interpreted to apply to all federal officeholders, including the president.
| Characteristics | Values |
|---|---|
| Date Written | 23 August 1787 |
| Part of | Article I, Section 9, Clause 8 of the U.S. Constitution |
| Also Known As | Foreign Emoluments Clause, Title of Nobility Clause |
| Prohibits | Federal officeholders from receiving gifts, emoluments, offices, or titles from foreign states without the consent of Congress |
| Purpose | To prevent external influence and corruption of American officers by foreign states |
| Interpretation | The clause is interpreted to apply to all federal officeholders, including the president |
| Amendments | A constitutional amendment was introduced in 1810 to modify the Emoluments Clause, but it was never ratified |
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What You'll Learn
The Emoluments Clause's addition to the US Constitution
The Emoluments Clause, also known as the Foreign Emoluments Clause, is a provision in the US Constitution that prohibits federal officeholders from receiving gifts, payments, or any other thing of value from foreign states or their representatives without the consent of Congress. The clause is intended to prevent external influence and corruption of American officials by foreign entities. It is found in Article I, Section 9, Paragraph 8 of the Constitution, which 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 inclusion of the Emoluments Clause in the US Constitution has its origins in an early rule adopted by the Dutch Republic in 1651, which forbade its foreign ministers from receiving gifts or presents from foreign entities. This rule was incorporated into the Articles of Confederation in 1781, which served as the first constitution of the United States. The Articles of Confederation included a similar provision, applicable to both federal and state officers, which read:
> "Nor shall any person holding any office of profit or trust under the United States, or any of them, accept any present, emolument, office, or title of any kind whatever from any King, Prince or foreign State; nor shall the United States in Congress assembled, or any of them, grant any title of nobility."
When the US Constitution was being drafted, the prohibition on titles of nobility was initially dropped, but it was eventually restored at the insistence of Charles Pinckney, who argued for the necessity of preserving foreign ministers and other officers of the US from external influence.
The interpretation and scope of the Emoluments Clause have been the subject of debate, with questions arising over whether it applies to elected federal officials or only to appointed officials. However, the Department of Justice's Office of Legal Counsel has opined that the President holds an office of profit and trust under the Constitution and is therefore subject to the clause. The clause has been invoked in recent times, with lawsuits filed against President Donald Trump alleging that his business interests and financial dealings during his presidency violated the Emoluments Clauses.
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The Clause's interpretation and scope
The Emoluments Clause, also called the Foreign Emoluments Clause, is a provision of the U.S. Constitution (Article I, Section 9, Paragraph 8) that generally prohibits federal officeholders from receiving any gift, payment, or other thing of value from a foreign state or its rulers, officers, or representatives. The clause is meant to prevent external influence and corruption of American officers by foreign states. The interpretation and scope of the clause have been the subject of some debate, with scholars broadly agreeing that it applies to all federal officeholders, including the president.
The clause states that no Title of Nobility shall be granted by the United States, and that no person holding any Office of Profit or Trust under them shall, without the consent of Congress, accept any present, Emolument, Office, or Title of any kind from any King, Prince, or foreign State. The exact meaning of "Office of Profit or Trust" has been debated, with some arguing that it includes all federal officeholders, both appointed and elected, while others contend that it applies only to appointed 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 Foreign Emoluments Clause broadly encompasses any kind of profit, benefit, advantage, or service, not just gifts of money or valuable objects. This means that it would prohibit a federal officeholder from receiving special consideration in business transactions with a foreign state that could give them a competitive advantage. Legal scholars have suggested that the clause could even forbid competitively fair transactions with foreign states, as the profit accruing to the officeholder could still fall within the ordinary meaning of "emolument," and such arrangements could still lead to improper influence.
The interpretation of the Emoluments Clause has been considered in several court cases, including Citizens United v. Fed. Election Comm'n and Roe v. Wade, where the Supreme Court cited the clause in passing. During the Trump administration, several lawsuits were filed alleging that President Trump had violated the Emoluments Clauses by retaining ownership interests in businesses that received payments from foreign or state governments. These cases raised questions about the standing to assert Emoluments Clause violations, the applicability of the clause to the President and other elected officials, and the precise meaning and scope of the term "emolument."
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The Clause's historical context
The Emoluments Clause, also known as the Foreign Emoluments Clause, is a provision of the U.S. Constitution (Article I, Section 9, Paragraph 8) that generally prohibits federal officeholders from receiving any gift, payment, or other things of value from a foreign state or its rulers, officers, or representatives. The clause is meant to prevent external influence and corruption of American officers by foreign states, ensuring that the country's leaders would not be improperly influenced through gift-giving, which was a common and generally corrupt practice among European rulers and diplomats.
An early version of the clause was modelled on a rule adopted by the Dutch Republic in 1651 that forbade its foreign ministers from receiving "any presents, directly or indirectly, in any manner or way whatever." This was incorporated into the Articles of Confederation (1781) as Article VI, Paragraph I. All but the prohibition of titles of nobility was dropped from the initial draft of the Constitution but was eventually restored at the request of Charles Pinckney, who argued for "the necessity of preserving foreign Ministers & other officers of the U.S."
The Emoluments Clause, or Title of Nobility Clause, 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 Constitution also contains a domestic emoluments clause (Article II, Section 1, Paragraph 7), which prohibits the president from receiving any "Emolument" from the federal government or the states beyond "a Compensation" for his "Services" as chief executive. This is also called the Presidential Emoluments Clause, affecting the President's salary.
There has been some debate regarding the exact meaning and scope of the Emoluments Clause, particularly in relation to elected officials. The Department of Justice's Office of Legal Counsel (OLC), which has developed a body of opinions on the Emoluments Clauses, has opined that the President holds an office of profit and trust under the Constitution. However, there is no clear historical answer to this debate. A constitutional amendment was introduced in 1810 to modify the Emoluments Clause, which would have stripped the citizenship of any U.S. citizen who accepted any title of nobility from a foreign government. However, this amendment was never ratified, and the interpretation of the Emoluments Clause has never been litigated before the U.S. Supreme Court.
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The Clause's application to the President
The Emoluments Clause, also known as the Foreign Emoluments Clause, is a provision of the U.S. Constitution that broadly prohibits federal officeholders, including the President, from receiving gifts, payments, or any other thing of value from foreign states or their representatives. The clause is designed to prevent improper foreign influence on federal officeholders and to preserve the independence of the President from Congress and state governments.
The Foreign Emoluments Clause, as outlined in Article I, Section 9, Paragraph 8 of the U.S. Constitution, 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 from any King, Prince, or foreign state. This clause extends to the President, as they hold an office of profit and trust under the Constitution.
The interpretation of the clause has been debated, with some arguing that it does not apply to elected federal officials. However, the Department of Justice's Office of Legal Counsel has opined that the President falls under the clause's purview. The historical record of the Constitution's drafting and past practices of presidential administrations support the inclusion of the President under the Foreign Emoluments Clause.
The Domestic Emoluments Clause, found in Article II, Section 1, Paragraph 7 of the Constitution, specifically addresses the President's compensation. It states that the President shall receive a fixed compensation for their services, which cannot be increased or decreased during their elected term. This clause ensures that the President's integrity remains uncompromised by congressional influence.
The Emoluments Clause has been invoked in modern times, with lawsuits alleging that former President Donald Trump violated the clause by retaining certain business and financial interests during his presidency. These interests, such as his ownership of the Trump International Hotel, were seen as potential sources of constitutionally forbidden emoluments when foreign or state governments paid for officials to utilise their services.
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Attempts to modify the Clause
The Emoluments Clause, also known as the Foreign Emoluments Clause, is a provision of the U.S. Constitution that prohibits federal officeholders from receiving gifts, payments, or titles from foreign states or their representatives. The clause was written to prevent the country's leaders from being improperly influenced by gift-giving, which was a common practice among European rulers and diplomats at the time.
There has been debate over the exact meaning and scope of the Emoluments Clause, specifically regarding who it applies to. While most scholars agree that it applies to all federal officeholders, there is disagreement about whether it includes elected officials. The Department of Justice's Office of Legal Counsel, for example, believes that the President holds an office of profit and trust under the Constitution and is therefore subject to the clause. However, Seth Barrett Tillman argues that the Foreign Emoluments Clause does not apply to elected federal officials.
In addition to these interpretive debates, there have been attempts to formally modify the clause. In 1810, a constitutional amendment was introduced to modify the Emoluments Clause. The proposed amendment would have stripped the citizenship of any U.S. citizen who accepted a title of nobility from a foreign government. However, this amendment was never ratified, and it is still technically pending before the states.
More recently, during the Trump administration, there were allegations that President Trump had violated the Emoluments Clauses by retaining ownership and control of his business empire during his presidency. Plaintiffs in several cases argued that Trump had received constitutionally forbidden emoluments when foreign or state governments paid for their officials to stay at the Trump International Hotel. These lawsuits sparked debate about who has standing to assert Emoluments Clause violations and the meaning and scope of the term "emolument."
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Frequently asked questions
The Emoluments Clause, also known as the Foreign Emoluments Clause, was written in 1787 during the drafting of the US Constitution.
The Emoluments Clause is a provision in Article I, Section 9, Clause 8 of the US Constitution, which prohibits federal officeholders from receiving gifts, payments, or titles from foreign states or their representatives without the consent of Congress. It is designed to prevent external influence and corruption of American officials by foreign entities.
There have been allegations of violations of the Emoluments Clause by various individuals, including President Donald Trump and Michael T. Flynn, a former government official. In the case of President Trump, lawsuits were filed alleging that he received forbidden emoluments when foreign governments paid for their officials to stay at the Trump International Hotel. Regarding Michael T. Flynn, there were investigations into whether he received money from the Russian government during a trip to Moscow in 2015 while serving as a government official.
