The Constitutional Record

Appendix F

The Emoluments Clauses

Article I, Section 9 and Article II, Section 1 of the U.S. Constitution · Referenced in Sections 2.4 and 5.9: Pardon Power and Accountability; Ethics and the Absence of Enforceable Standards

What they are

The Constitution contains two Emoluments Clauses. The Foreign Emoluments Clause (Article I, Section 9) prohibits any person holding a federal office from accepting “any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State” without congressional consent. The Domestic Emoluments Clause (Article II, Section 1) prohibits the president specifically from receiving any compensation beyond the official presidential salary from either the federal government or any state government during the term of office.

What they were designed to do

The framers included the Emoluments Clauses to protect the republic against foreign influence and domestic corruption. Having just fought a war against a monarchy, they were acutely aware of how gifts, titles, and financial relationships could create loyalties that competed with an official’s duty to the public. The Foreign Emoluments Clause was specifically aimed at preventing foreign governments from cultivating influence over American officials through financial means. The Domestic Emoluments Clause was designed to ensure the president could not be financially rewarded or penalized by state governments seeking to influence federal policy.

How they have been tested

For most of American history, the Emoluments Clauses were rarely litigated — the norms of public office were generally understood to prohibit the conduct the clauses addressed. In recent years, however, their scope and enforceability have been actively contested in federal courts. Key questions — including who has legal standing to sue under the clauses, what conduct they actually prohibit, and whether they apply to a sitting president’s private business interests — remain unresolved. Several lawsuits were dismissed on procedural grounds without reaching the underlying constitutional questions.

Why it matters for this document

Sections 2.4 and 5.9 raise questions about whether current ethics frameworks are adequate to prevent self-dealing and conflicts of interest in federal government. The Emoluments Clauses are the Constitution’s most direct attempt to address this question — and their contested enforcement history illustrates precisely the gap between a written safeguard and a functioning one.