What You Need to Know About the Emoluments Clause

America’s founding fathers probably didn’t envision Donald Trump. They did, however, include a sentence in the U.S. Constitution that could curb the activities of a businessman-president.

What’s an Emolument and Should Trump Be Worried?

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America’s founding fathers probably didn’t envision Donald Trump. They did, however, include a sentence in the U.S. Constitution that could weigh on the activities of a businessman-president. Trump’s decision to keep his stakes in his global business, the Trump Organization, raised the question of whether he is continually violating what’s known as the “emoluments clause,” of which there are actually two. Critics of the president have filed lawsuits pressing the case.

The foreign emoluments clause -- in Article I, Section 9 -- reads, “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.” Historians say the intent of provision was to discourage early American leaders from being influenced by gifts or titles bestowed by European governments or royalty.