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.
Aliases (3)
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
→
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 → |
Referenced by (4)
Full triples — surface form annotated when it differs from this entity's canonical label.
this entity surface form: "Foreign Emoluments Clause"
this entity surface form: "Title of Nobility Clause (foreign emoluments portion)"
this entity surface form: "Domestic Emoluments Clause"