{"id":31008,"date":"2016-04-04T20:33:41","date_gmt":"2016-04-05T01:33:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/article1\/annotation52.html"},"modified":"2024-08-27T20:15:36","modified_gmt":"2024-08-28T01:15:36","slug":"annotation52","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/article1\/annotation52.html","title":{"rendered":"The Constitution’s Foreign Emoluments Clause"},"content":{"rendered":"\n
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The Constitution's Foreign Emoluments Clause<\/h1>\n
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\n By Renee Guolee, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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The foreign emoluments clause was included in the Constitution to protect against bribery and corruption of federal officials by foreign governments.<\/p>\n\n <\/div>\n\n

Traditionally, foreign governments have given gifts and valuable items to visiting heads of state and other government officials in an attempt to gain favor.<\/p>\r\n

However, the Framers of the Constitution wanted to protect the federal government and its officials from foreign influence.<\/p>\r\n

Where Is the Emoluments Clause in the Constitution?<\/b><\/h2>\r\n

The emoluments clause is found in Article I of the U.S. Constitution. Specifically, Article I, Section 9, Clause 8, which states:<\/p>\r\n

\u201cNo 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.\u201d<\/i><\/p>\r\n

As Alexander Hamilton wrote in The Federalist No. 22<\/a>, "One of the weak sides of republics, among their numerous advantages, is that they afford too easy an inlet to foreign corruption." The emoluments clause is meant as a broad prohibition against accepting emoluments and other gifts.<\/p>\r\n

What Does the Emoluments Clause Prohibit?<\/b><\/h2>\r\n

The emoluments clause prohibits any government official from receiving a "present, Emolument, Office, or Title of any kind" from a foreign government without the approval of Congress. However, several presidents have received valuable gifts from foreign governments.<\/p>\r\n

For example, Congress gave Presidents Martin Van Buren and John Tyler approval to accept gifts, but they were to be turned over to the government and not kept personally.<\/p>\r\n

When the Constitution was written, an emolument was generally believed to mean any type of profit, benefit, or advantage. Today it is also interpreted to mean benefits or profits from private businesses. The broadest interpretation is that government officials should not receive anything of value<\/i> from a foreign power without Congressional approval.<\/p>\r\n

In 1993, the Office of Legal Counsel issued an advisory opinion<\/a> that non-governmental members (attorneys and business people working in private practice) of the Administrative Conference of the United States<\/a>, which fulfills a governmental purpose, were considered officers under the emoluments clause. <\/p>\r\n

The Office opined that members of the conference should not receive payments from their partnerships or firms if the payment would include some share or revenue generated from foreign government clients. This applied even though the conference members may not have worked directly on matters involving foreign governments. It was enough that the payments were paid for another partner’s work and paid out to the conference member as a part of the firm’s shared profits.<\/p>\r\n

This advisory opinion shows the broad intent of the prohibition of emoluments. However, the Supreme Court has never discussed the issue of emoluments. So the exact interpretation of the emoluments clause remains speculative.<\/p>\r\n

Emoluments Lawsuits Against President Trump<\/b><\/h2>\r\n

The subject of emoluments came to the forefront after the election of President Donald Trump. Trump had wide-ranging foreign business interests through the Trump Organization. There was concern that his continued involvement in the business could lead to trouble with the emoluments clause.<\/p>\r\n

In the past, presidents transferred their assets to a blind trust to avoid any implications of conflicts of interest. Trump did not follow this precedent. Although he stepped away from the business (transferring operational control to his sons) and formed a regular trust, he continued to receive business briefings and was able to receive distributions from the trust throughout his presidency.<\/p>\r\n

The emolument issues raised regarding Trump’s continued involvement with his business included:<\/p>\r\n