The Constitution’s Foreign Emoluments Clause was Intended to Stop Bribery and Corruption.  Recently, Not So Much.

Brian Beihl

The American Democracy Minute Radio Report & Podcast for Nov. 27, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

The framers of the U.S. Constitution included the Foreign Emoluments Clause because they feared the influence, corruption and bribery they witnessed in Europe’s monarchies.  Why should Americans care about it?

The Foreign Emoluments Clause, in Article 1, Section 9, reads in part: “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.”   

Fordham Law Professor Zephyr Teachout writes that James Madison mentions “corruption” 54 times in his Constitutional Convention notes, and that two dozen sections of the Constitution were designed to prevent it.

Fast forward to 2021, when after four years, 20 foreign governments spent an estimated $13.6 Million dollars at President Donald Trump’s properties, according to the House Ethics committee and good government groups.

Data from Citizens for Responsibility and Ethics in Washington report: Trump likely benefited from $13.6 million in payments from foreign governments during his presidency

Prior to Trump, Presidents put businesses and investments into a “blind trust”, shielding the President from information which could influence decisions not in the best interest of the country.  In 2017, Trump turned his assets to his two sons in a trust document, but continued to receive updates and income, and didn’t disclose the holding of over 100 trademarks in China and Russia until 2023.  

We have more on the Foreign Emoluments Clause at AmericanDemocracyMinute.org, and we’ll discuss how it could influence policy decisions in a future report. I’m Brian Beihl.

Today’s Links

Articles & Resources:

Congressional Research Service – The Emoluments Clauses of the U.S. Constitution
National Constitution Center – The Foreign Emoluments Clause: Article I, Section 9, Clause 8
National Constitution Center – Prof. Zephyr Teachout – The Foreign Emoluments Clause
American Constitution Society – Profiting off the Presidency: Trump’s Violations of the Emoluments Clauses
U.S. Supreme Court – BRIEF OF AMICI CURIAE OF FORMER FEDERAL ETHICS OFFICIALS SUPPORTING
RESPONDENT
Citizens for Responsibility and Ethics in Washington (C.R.E.W) – Trump likely benefited from $13.6 million in payments from foreign governments during his presidency
Citizens for Responsibility and Ethics in Washington (C.R.E.W) – (2019)  Tracking President Trump’s unprecedented conflicts of interest
Business Insider – Trump waited until after he left office to disclose trademarks he owns in China and Russia

Groups Taking Action:

C.R.E.W., Public Citizen, Common Cause

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U.S. Election Assistance Commission – Register And Vote in Your State

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