Foreign Emoluments Clause

Foreign Emoluments Clause‏‎

The Foreign Emoluments Clause‏‎ is a provision of the United States Constitution that prohibits the federal government from granting titles of nobility, and restricts members of the government from receiving gifts, emoluments, offices or titles from foreign states and monarchies without the consent of the United States Congress.

Text of the Clause

The Foreign Emoluments Clause is found in Article I, Section 9, Clause 8 of the United States Constitution. It states:

"No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, 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."

Purpose and Interpretation

The purpose of the Foreign Emoluments Clause is to safeguard the United States government from corruption and foreign influence. The clause is a reflection of the framers' concern that foreign governments could corrupt American officials by providing them with monetary rewards.

The interpretation of the clause has been a subject of legal debate. Some legal scholars argue that the clause applies only to appointed officials, while others contend that it applies to all federal officials, including the President of the United States.

Historical Application

Historically, the Foreign Emoluments Clause has been applied to various situations. For instance, in the early years of the United States, the clause was invoked when foreign governments offered gifts to American diplomats. In more recent times, the clause has been invoked in legal challenges against presidents and other high-ranking officials.

Legal Challenges

The Foreign Emoluments Clause has been the basis for several legal challenges. These challenges often arise when a federal official is alleged to have received a gift or other benefit from a foreign government without the consent of Congress.

See Also

• United States Constitution
• Emolument
• United States Congress
• President of the United States