From the National Constitution Center: Podcast: Has President Trump violated the Emoluments Clause?

In a couple weeks I'll ask 2305 students about the emoluments clause of the Constitution.

Here's a head start on it.

- Click here for the podcast.

On January 23, the nonprofit legal watchdog group CREW filed a lawsuit alleging that President Donald Trump is violating the Foreign Emoluments Clause in Article 1, Section 9, which states: “[N]o 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.”

CREW points out that foreign governments are doing business at Trump hotels and other buildings in the United States, and that the Trump organization is conducting business abroad.

There are also questions about the Domestic Emoluments Clause in Article II, Section 1, which states that “The President shall, at stated Times, receive for his Services, a Compensation … and he shall not receive … any other Emolument from the United States, or any of them.”

Joining We the People to discuss are two experts in constitutional law who are actively writing and thinking on these issues.

The Emoluments Clause

Donald Trump's international business dealings - especially those that involve foreign governments - have raised issues involving the emoluments clause of the Constitution. In the 22 years I have taught this subject, I can't recall this part of the Constitution being brought up before. So this is new to me.

I'm offering a few links below that will allow us to dig into it further over the spring.

Here's the text of the clause. It can be found in the first article of the Constitution - the one that outlines the nature of legislative powers. It is included in the section that places limits on national legislative powers:

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.

Article I, Section 9, Clause 8

This is the definition of the word "emolument" from dictionary.com:

profit, salary, or fees from office or employment; compensation for services

In essence, no governing official can obtain private profit from public work. That obviously leads to corruption. Below are links with background - expect more in the near future.

- Heritage Foundation: Emoluments Clause.
- The Brookings Institution: THE EMOLUMENTS CLAUSE: ITS TEXT, MEANING, AND APPLICATION.
- The New York Times: Donald Trump’s Business Dealings Test a Constitutional Limit.
- The Constitution Daily: Constitution Check: Can a violation of the Emoluments Clause be proven? 

  

https://www.washingtonpost.com/blogs/right-turn/wp/2016/11/14/drain-the-swamp/?tid=hybrid_experimentrandom_1_na