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Simple English definitions for legal terms
emoluments clause
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A quick definition of emoluments clause:
The emoluments clause is a rule in the U.S. Constitution that says government officials can't accept gifts or titles from foreign countries without permission from Congress. This is to make sure that foreign countries don't try to influence American officials. It's not clear if this rule applies to elected officials, but there are other laws that say they can't accept gifts either. There was a proposal to change this rule in the past, but it was never approved. No one has ever gone to court to argue about what this rule means.
A more thorough explanation:
The Emoluments Clause, also known as the Title of Nobility Clause, is a part of the U.S. Constitution that prohibits any person holding a government office from accepting any present, emolument, office, or title from any "King, Prince, or foreign State," without congressional consent. This clause is meant to prevent external influence and corruption of American officers by foreign States.
For example, if a foreign government offered a gift or money to a U.S. government official, that official cannot accept it without approval from Congress. This is to ensure that the official is not influenced by the foreign government and acts in the best interest of the United States.
The Emoluments Clause applies to all appointed officials, but there is debate as to whether it extends to elected officials. While there is no clear answer, the Foreign Gifts and Decorations Act of 1966 prohibits elected officials, such as the President and Vice President, from accepting gifts of more than minimal value without congressional approval.
There was an attempt to modify the Emoluments Clause in 1810, which would have stripped the citizenship of any U.S. citizen who accepted, claimed, received, or retained any title of nobility from a foreign government. However, this amendment was never ratified.
The interpretation of the Emoluments Clause has never been litigated before the U.S. Supreme Court.