Title Of Nobility Clause

The Title of Nobility Clause in the United States Constitution, sometimes also called the Emoluments Clause, refers to Article I, Section 9, Clause 8.^[1]

Text[edit]

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.

Foreign emoluments[edit]

The prohibition against officers receiving a present or emolument is essentially an antibribery rule to prevent a foreign power from buying influence.^[2] Although the US President is not generally subject to statutory ethics rules, this clause has been interpreted to apply to the President of the United States:

• George Washington received two gifts from officials of the Government of France, which he chose to keep without controversy arising.^[3]
• Martin Van Buren and John Tyler received gifts from the Imam of Muscat, and they received congressional authorization either to transfer them to the United States Government or to auction them with proceeds vesting to the United States Treasury.^[2]
• Other Presidents have chosen to eliminate any risk of triggering the emoluments clause by choosing to vest their assets into a blind trust.^[2]
• Concerns have been expressed that the extensive business and real estate dealings of President Donald Trump especially with respect to foreign governments and their agencies, may also fall within the clause's scope,^[2] but there is debate as to whether that is the case.^[3][4] Part of the problem is that the Constitution uses the word "emolument" which is not used frequently in 21st Century vocabulary. To resolve the problem, Trump has agreed to donate the money he makes from the Trump Organization doing business with foreign governments to the US Treasury.

References[edit]

1. ↑ Emoluments Clause
2. ↑ ^{2.0 2.1 2.2 2.3} Teachout, Zephyr. "Trump’s Foreign Business Ties May Violate the Constitution", November 17, 2016. 
3. ↑ ^{3.0 3.1} Tillman, Seth Barrett. "Constitutional Restrictions on Foreign Gifts Don’t Apply to Presidents", November 18, 2016. 
4. ↑ Adler, Jonathan H.. "The Emoluments Clause – is Donald Trump violating its letter or spirit?", November 21, 2016.