Trump and the Emolument Clause
By Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host
The 1828 Webster’s Dictionary is our best source for defining the words used in the earliest articles of the United States Constitution. If we are going to pursue the original intent of the document written in 1787, it is only logical to pursue the original definitions of the words used in that document. Emolument is a term that appears in the U.S. Constitution’s first seven articles a total of three times. The word “Compensation” also only appears three times in the original Constitution.
Emolument is defined by the 1828 Webster’s Dictionary as: 1. The profit arising from office or employment; that which is received as a compensation for services, or which is annexed to the possession of office, as salary, feels and perquisites. 2. Profit; advantage; gains in general.
Compensation is defined by the 1828 Webster’s Dictionary as: 1. That which is given or received as an equivalent for services, debt, want, loss, or suffering; amends; remuneration; recompense. All other debts may compensation find. The pleasures of life are no compensation for the loss of divine favor and protection. 2. In law, a set-off; the payment of a debt by a credit of equal amount.
• Article III, Section 1: The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
• Article I, Section 6: No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
• Article I, Section 9: 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.
• Article II, Section 1: The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
In the news, the Emolument Clause being targeted by the opponents of Donald J. Trump is Article I, Section 9: “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.”
First of all, it amazes me how, when they think it serves their purposes, the Democrats become strict constitutionalists, sometimes.
Second, Barack Obama has violated the Emolument Clause repeatedly. According to Congress, one of those offenses was when he won the Nobel Peace Prize. Though he donated the cash prize to charity, the very fact that he received those monies from a foreign source without congressional permission means he violated the clause, or at least that is what members of Congress said. The Justice Department concluded that because the prize was awarded by the Nobel Committee, which is not an “agent or representative of the Norwegian government,” there was no violation. Was that a sound conclusion, or a friendly nudge of assistance by the United States Attorney General, who was Barack Obama’s buddy, Eric Holder, at the time?
The Founding Fathers included the Emoluments Clause in the U.S. Constitution because they wished to reduce foreign influence on our government as much as possible. They were, at the time, dealing with a Tory population that, though most of them had fled to Britain after the war, sought to undermine the new government. Great Britain failed to recognize the sovereignty of the United States, and considered the Constitution a traitorous act against The Crown. While trade with other nations, and even business dealings with other nations, were allowed, anything beyond what was for the immediate benefit of the local economy was frowned upon. The original 13th Amendment, in fact, which was somehow scrubbed from the pages of the United States Constitution shortly before the War Between the States, penalized citizens with the loss of citizenship should they accept a foreign title (such as knight).
America’s founding fathers heavily worried about the potential problem of corruption in the new constitutional government. Outside influence through the gift of money or physical presents by wealthy persons and powerful governments had doomed republics earlier in history. They saw the exchanges of gifts and money for diplomatic reasons a component of the kind of aristocratic and monarchical rule that plagued Europe. How could an officeholder serve the people when one has the privileges of a noble?
American government representatives receiving foreign gifts were considered dangerous, but the giving of such gifts in Europe were routine in diplomacy. The delegates in the Constitutional Convention of 1787 decided to follow a model provided by Holland, another republic influenced by a Saxon history of limited government, and the belief that nobody is above the law, even a king. In 1651, the dutch had adopted a ban on gifts for its ambassadors unless they were declared and approved by parliament.
Recognizing the fuss being brought by the Democrats about the Emolument Clause, Mr. Trump tweeted on November 30th that he will be “leaving [his] great business in total”. While Mr. Trump has not explained exactly what that means, all evidence points towards him handing over control of his business dealings to his children. ”Experts,” and America’s Office of Government Ethics, believes he should sell (or give away) his business interests to parties not connected to him.
Questions regarding the Emoluments Clause are nothing new. Past presidents have worked hard to avoid even the appearance of conflicts of interest. President Martin Van Buren was gifted horses, rugs, pearls and other goods from the Imam of Muscat. Van Buren had a special resolution from Congress passed to let him split the goods up between the State Department and the Treasury.
Today’s political quagmire has become a veritable minefield of bribes and behind-closed-door dealings. Private financial interests can subtly sway even the most virtuous leaders. The Emoluments Clause was written because the Founding Fathers understood human nature, and despite how evolved we may think we are, the nature of the human condition and the reality of government places us at a constant risk of outside meddling by the powerful opponents of our liberty.
Trump’s vast global scope of business interests, many of which remain shrouded in secrecy, may very well pose themselves to be a potential danger if Donald Trump does not decide to totally divest himself from them.
Congress would have to affirmatively decide what it is willing to live with in the way of Trump conflicts.
The problem with all that I’ve written, however, is that some of it may not matter, in the first place. We are dealing with interpretations, and legal rulings. But what does the Constitution actually say in the Emoluments Clause?
Source: http://politicalpistachio.blogspot.com/2016/12/trump-and-emolument-clause.html
Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.
"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
Please Help Support BeforeitsNews by trying our Natural Health Products below!
Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST
Order by Phone at 866-388-7003 or online at https://www.herbanomic.com M - F 9am to 5pm EST
Order by Phone at 866-388-7003 or online at https://www.herbanomics.com M - F 9am to 5pm EST
Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!
HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation.
Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.
MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser! Cleans out toxic buildup with oxygen!
Nascent Iodine - Promotes detoxification, mental focus and thyroid health.
Smart Meter Cover - Reduces Smart Meter radiation by 96%! (See Video).