Essay on What Is the Emoluments Clause?

What Is the Emoluments Clause?

The emoluments clause (Article I, Section 9, Paragraph 8) of the United States Constitution bans federal officeholders from accepting any gift, money, or another object of value from a foreign state or its rulers, officials, or representatives.

No title of nobility shall be bestowed by the United States, and no person holding any office of profit or trust under them shall accept of any present, emolument, office, or title, of any kind whatever, from any King, Prince, or foreign state, without the consent of the Congress.

The clear goal of the foreign emoluments provision was to guarantee that the country’s leaders were not unfairly swayed, even unknowingly, by gift-giving, which was a prevalent and largely corrupt practice among European kings and diplomats at the time.

An early version of the clause, based on a rule adopted by the Dutch Republic in 1651 prohibiting foreign ministers from accepting “any presents, directly or indirectly, in any manner or way whatsoever,” was incorporated into the Articles of Confederation (1781) as Article VI, paragraph I.

All except the prohibition of titles of nobility were removed from the first draught of the Constitution, but they were later reinstated at the request of Charles Pinckney, who argued at the Constitutional Convention for “the necessity of preserving foreign Ministers & other officers of the United States independent of foreign influence.”

The final text of the clause included a provision allowing foreign gifts to be accepted only with Congress’ explicit approval, perhaps reflecting Benjamin Franklin’s awkward experience as American minister to France, when he was presented with a bejeweled snuff box by Louis XVI and, not wanting to offend the king, asked Congress for permission to keep it.

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