Question

*law*

Emoluments Clause of the Constitution
What is it?
Where do you find it in the Constitution?
Would the G7 being held at a Trump Property violate the emoluments clause?
(Discuss in no more than 2 paragraphs)

Answer 1

Emoluments Clause of the Constitution is a clause of the constitution that forbids government officials/person holding public office from receiving any kinds of gift, favor, profit, service or benefit of any kind from a foreign person, dignitary or state. This clause is there to make sure that US officials can't be affected by any kind of benefit that they might receive from a foreign entity when they are holding that position. Basically, its there to make sure that they remain impartial in their dealings.

It is found in Article 1, Section 9, where it states- "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."

The G7 being held at a Trump Property is a tricky issue and at the center of it lies the question- can Trump the business be separate from Trump the President? If the G7 is held at a Trump property, Trump the business would definitely benefit and so will, indirectly, Trump the President. If the President is indeed benefiting from the summit being held there, then he must take the OK of the Congress to proceed, otherwise it will violate the emolument clause.

In my opinion, since the spirit of the clause is to stop the government official from benefitting foreign entity, it stands to reason that the President being benefitted, even if the route is circuitous, is indeed against what the clause intends. Trump organization, literally bears the name Trump. Its wealth and the wealth of Trump the President are directly tied. So Trump the business and Trump the President are joined at the hip and hence, if the G7 gets held at a Trump property, it would be violation of the clause.