What is the Emoluments Clause?

There are actually two emoluments clauses in the U.S. Constitution: a foreign emoluments clause and a domestic emoluments clause.

Article I, section 9, clause 8 of the U.S. Constitution is known as the “foreign emoluments clause.”
The foreign emoluments clause states that members of the national government shall not receive gifts or payments from a foreign government without the permission of Congress.
The architects of the Constitution included this clause because of their concern that foreign states and monarchs could try to bribe American policymakers, particularly diplomats stationed overseas.
However uncertainty remains over exactly who it applies to and what counts as an “emolument.”
For example, does the clause apply only to payments and gifts given to a public official or does it also apply to payments made to a business owned by a public official?
One could certainly argue that payments by a foreign state to a business owned an American public official may sway her/his decision-making. However, the clause makes no explicit mention of payments to businesses being forbidden, leaving the question unanswered.
Several lawsuits have recently been filed against President Trump alleging that he is currently in violation of the clause for accepting such payments to his businesses.
The outcomes of these suits may clarify the scope of the foreign emoluments clause.

Article II, section 1, clause 7 of the U.S. Constitution is known as the “domestic emoluments clause.”
The clause states that, while in office, the president may not receive money from the U.S. federal or state governments, other than his salary.
This clause has recently received renewed attention because President Trump has, on multiple occasions, received payments from the federal government during his time in office.
For example, the U.S. Secret Service has paid over $60,000 of taxpayer money to Trump’s Mar-a-Lago resort.
A lawsuit has been filed against Trump by the state of Maryland and the District of Columbia arguing that he is violating the clause.

Written By: Aiden Singh Published: July 19, 2020