"Recent litigation involving President Trump has raised a
number of legal issues concerning formerly obscure
constitutional provisions that prohibit the acceptance or
receipt of “emoluments” in certain circumstances. This In
Focus provides an overview of these constitutional
provisions, highlighting several unsettled legal areas
concerning their meaning and scope, and reviewing the
status of ongoing litigation against President Trump based
on alleged violations of the Emoluments Clauses.
The Constitutional Provisions.
The Constitution mentions emoluments in three provisions,
each sometimes referred to as the “Emoluments Clause”:
The Foreign Emoluments Clause (art. I, § 9, cl. 8):
“[N]o Person holding any Office of Profit or Trust under
[the United States], 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 Domestic Emoluments Clause (a.k.a. the
Presidential Emoluments Clause) (art. II, § 1, cl. 7):
“The President shall, at stated Times, receive for his
Services, a Compensation which shall neither be
encreased nor diminished during the Period for which he
shall have been elected, and he shall not receive within
that Period any other Emolument from the United
States, or any of them.”
The Ineligibility Clause (art. I, § 6, cl. 2): “No Senator
or Representative shall, during the Time for which he
was elected, be appointed to any civil Office under the
Authority of the United States, which shall have been
created, or the Emoluments whereof shall have been
encreased during such time; and no Person holding any
Office under the United States, shall be a Member of
either House during his Continuance in Office.”.."
Emolument clauses
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