Emoluments Clause
E53937
The Emoluments Clause is a provision in the U.S. Constitution that prohibits federal officeholders from accepting gifts, payments, or titles from foreign states without congressional consent, to prevent undue foreign influence.
All labels observed (5)
| Label | Occurrences |
|---|---|
| Domestic Emoluments Clause | 2 |
| Foreign Emoluments Clause | 2 |
| Emoluments Clause canonical | 1 |
| Emoluments Clause (foreign emoluments) | 1 |
| Title of Nobility Clause (foreign emoluments portion) | 1 |
How this entity was disambiguated
This entity first appeared as the object of triple T429492 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: Emoluments Clause Context triple: [Article I of the United States Constitution, containsClause, Emoluments Clause]
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A.
Necessary and Proper Clause
The Necessary and Proper Clause is a provision in the U.S. Constitution that grants Congress the authority to enact laws needed to execute its enumerated powers, forming the basis for implied federal powers.
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B.
Guarantee Clause
The Guarantee Clause is a provision of the U.S. Constitution that obligates the federal government to ensure every state maintains a republican form of government and protection against invasion and domestic violence.
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C.
Taxing and Spending Clause
The Taxing and Spending Clause is a provision of the U.S. Constitution that grants Congress the power to levy taxes and allocate federal funds to promote the general welfare of the United States.
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D.
Supremacy Clause
The Supremacy Clause is a provision in the U.S. Constitution that establishes federal law and the Constitution as the highest law of the land, overriding conflicting state laws.
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E.
Admissions Clause
The Admissions Clause is the provision of the U.S. Constitution that empowers Congress to admit new states into the Union and regulate their terms of entry.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: Emoluments Clause Target entity description: The Emoluments Clause is a provision in the U.S. Constitution that prohibits federal officeholders from accepting gifts, payments, or titles from foreign states without congressional consent, to prevent undue foreign influence.
-
A.
Necessary and Proper Clause
The Necessary and Proper Clause is a provision in the U.S. Constitution that grants Congress the authority to enact laws needed to execute its enumerated powers, forming the basis for implied federal powers.
-
B.
Guarantee Clause
The Guarantee Clause is a provision of the U.S. Constitution that obligates the federal government to ensure every state maintains a republican form of government and protection against invasion and domestic violence.
-
C.
Taxing and Spending Clause
The Taxing and Spending Clause is a provision of the U.S. Constitution that grants Congress the power to levy taxes and allocate federal funds to promote the general welfare of the United States.
-
D.
Supremacy Clause
The Supremacy Clause is a provision in the U.S. Constitution that establishes federal law and the Constitution as the highest law of the land, overriding conflicting state laws.
-
E.
Admissions Clause
The Admissions Clause is the provision of the U.S. Constitution that empowers Congress to admit new states into the Union and regulate their terms of entry.
- F. None of above. chosen
Statements (49)
| Predicate | Object |
|---|---|
| instanceOf |
clause of the United States Constitution
ⓘ
constitutional provision ⓘ |
| aimsToPrevent |
conflicts of interest involving foreign governments
ⓘ
foreign bribery of U.S. officials ⓘ |
| alsoKnownAs |
Emoluments Clause
ⓘ
surface form:
Foreign Emoluments Clause
Emoluments Clause ⓘ
surface form:
Title of Nobility Clause (foreign emoluments portion)
|
| appliesTo |
federal officeholders
ⓘ
persons holding any office of profit or trust under the United States ⓘ |
| appliesToBranch |
executive branch officials
ⓘ
judicial branch officials ⓘ legislative branch officials ⓘ |
| bindingOn |
civilian federal officers
ⓘ
military officers of the United States ⓘ |
| category |
United States constitutional law
ⓘ
United States separation of powers and ethics ⓘ |
| constitutionalStatus | not amended since ratification ⓘ |
| controversy |
definition of emolument for modern financial interests
ⓘ
scope of application to the President of the United States ⓘ |
| country | United States of America ⓘ |
| draftedBy | Framers of the United States Constitution ⓘ |
| enforcedBy |
United States Congress
ⓘ
federal judiciary of the United States ⓘ
surface form:
federal courts of the United States
|
| goal | to maintain separation between U.S. government interests and foreign state interests ⓘ |
| historicalContext | adopted after American Revolution to avoid European-style patronage ⓘ |
| inForceSince | 1789 ⓘ |
| inspiredBy | concerns about foreign corruption in European monarchies ⓘ |
| interpretedBy |
Office of Legal Counsel
ⓘ
surface form:
Office of Legal Counsel of the U.S. Department of Justice
Government Accountability Office ⓘ
surface form:
U.S. Government Accountability Office
|
| languageOrigin | influenced by provisions in early state constitutions ⓘ |
| legalEffect | requires congressional consent for federal officials to accept foreign gifts or benefits ⓘ |
| locatedInDocument |
Article I, Section 9 of the United States Constitution
ⓘ
surface form:
Article I, Section 9, Clause 8 of the United States Constitution
|
| partOf | Article I of the United States Constitution ⓘ |
| prohibits |
acceptance of any emolument from a foreign state without consent of Congress
ⓘ
acceptance of any office from a foreign state without consent of Congress ⓘ acceptance of any present from a foreign state without consent of Congress ⓘ acceptance of any title from a foreign state without consent of Congress ⓘ |
| purpose |
to prevent undue foreign influence on United States officials
ⓘ
to protect the independence of federal officeholders ⓘ to reduce corruption risks involving foreign governments ⓘ |
| ratifiedWith | United States Constitution ⓘ |
| relatedTo |
Emoluments Clause
self-linksurface differs
ⓘ
surface form:
Domestic Emoluments Clause
Title of Nobility Clause ⓘ |
| requires | consent of Congress for acceptance of foreign decorations in many cases ⓘ |
| textBegins | "No Title of Nobility shall be granted by the United States" ⓘ |
| textContains |
"no Person holding any Office of Profit or Trust under them"
ⓘ
"of any kind whatever, from any King, Prince, or foreign State" ⓘ "shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title" ⓘ |
| usedIn |
ethics opinions regarding foreign gifts to federal officials
ⓘ
litigation involving foreign payments to U.S. officeholders ⓘ |
How these facts were elicited
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Subject: Emoluments Clause Description of subject: The Emoluments Clause is a provision in the U.S. Constitution that prohibits federal officeholders from accepting gifts, payments, or titles from foreign states without congressional consent, to prevent undue foreign influence.
Referenced by (7)
Full triples — surface form annotated when it differs from this entity's canonical label.