The Domestic Emoluments Clause: Its Text, Meaning, and Application to Donald J. Trump

NOTE:  With Donald Trump’s abuse of power with the President of Ukraine and attempt to hold the 2020 G-7 at his personal property in Florida, we wanted to provide you with information on the U.S. Constitution’s emolluments clauses.  This is post covers the domestic emolluments clause. Our next post will cover the foreign emolluments clause.

Donald J. Trump’s decision to assume the presidency without separating from his businesses has undermined vital protections in our Constitution meant to ensure that the President does not put his personal interests above the interests of the nation and subvert our constitutional system. Among those critical protections is the Domestic Emoluments Clause, which bars the President from receiving benefits other than his compensation from the federal, state, or local governments.

In Brief

The Founders were deeply troubled by the possibility that federal or state officials would compromise the President’s independence and gain his loyalty by giving him financial benefits, and they worried that the President might use the powers of his office to enrich himself.

The Founders adopted a broad and absolute prohibition on the President receiving “Emolument[s],” beyond his fixed compensation, from the federal or state governments.

View the complete post by Brianne J. Gorod, Brian R. Frazell and Samuel Houshower on the Constitutional Accountability Center website here.