What Is an Emolument?

An emolument is a form of compensation for employment, services, or holding office. Emoluments tend to va💞ry based on time and the length of activity of the person involved. The term is generally used in a legal context, primarily as it relates to the Emoluments Clause in the U.S. Constitution. As such, it was meant to protect the country from external influences.

Understanding an Emolument

The word emolument is derived from the Latin term emolumentum, which has a dual meaning. On the one hand, it means effort or labor. The other meaning is a benefit, gain, or profit. It may have originally meant the sum paid to a miller for grin💟ding a customer's wheat.

Emoluments can vary depending on the type and length of service being performed. The word is archaic and little used today, except in legal contexts. It is notably used when it pertains to the in the U.S. 澳洲幸运5开奖号码历史查询:Constitution. This clause was establish🍨ed to safeguard the nation from corruption, foreign influence, and any other influence not in the best interest of the country.

Emoluments Clause in the U.S. Constitution

Emolument is commܫonly used in constitutional law, where it refers to Article I, Section 9 of the U.S. Constitution:

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.

There is also ⛦a Domestic Emoluments Clause (Article II, Section 1) that states:

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased 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.

There's also a third clause that mentions emoluments, known as the Ineligibility Clause (Article 1, 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 increased 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.

Purpose of the Emoluments Clause

The idea behind the Emoluments Clause is to prevent certain individuals, primarily those in a government office, from personally profiting from their unique and𝕴 elevated position in society.

The Foreign Emoluments Clause is meant to prevent foreign influence in the U.S. government and any other 澳洲幸运5开奖号码历史查询:corruption. It derives from the practice of gift-giving that European officials used to practice when visiting foreign leaders. In this manner, the prevention of receiving a gift or any other compensation removes any influence on the wou𒆙ld-be r🎀ecipient of the gift.

The purpose of the Dom🧸estic Emoluments Clause is to preserve the independence of the president and remove any influence on them by the ability to adjust their salary. The Ineligibility Emoluments Clause serves a similar function: to separate the branches of power and to prevent presideꦬntial influence on the legislature.

History of the Emoluments Clause

St. George Tucker, a late 18th- and early 19th-century professor of law, traced the rationale behind the Emoluments Clause to the aftermath of the English Civil War (1642–1651), when "almost all [Charles II] officers of state were either actual pensioners of the court of France, or supposed to be under its influence, directly, or indirectly, from that cause."

Alexander Hamilton expressed concern that the same situation could occur in the newly formed United States. He said, "One of the weak sides of republics, among their numerous advantages, is that they afford too easy an inlet to foreign corruption."

Before the drafting of the Constitution, the Articles of Confederation contained a version of the Emoluments Clau🍨se (Article VI). But w🌠hen the monarchs of Spain and France made lavish gifts to American diplomats, Congress approved the gifts after the fact, temporarily waiving the law.

For example, Louis XVI gave a diamond-encrusted portrait of himself to Benjamin Franklin in 1785. Two years later, the Emoluments Clause explicitly mentioned Congress's ability to approve gifts, which the Articles of Confederation had not addressed.

During World War II, Congress passed a law permitting members of the military to accept foreign donations. Denmark's King Christian X, for example, knighted Dwight D. Eisenhower and inducted him into the 600-year-old Order of the Elephant.

Emoluments Clause Lawsuits

Since 2016, three lawsuits have been filed against former President 澳洲幸运5开奖号码历史查询:Donald Trump, alleging violations of the Foreign Emoluments clause related to payments by foreign governments for services at 澳洲幸运5开奖号码历史查询:Trump-owned properties or 澳洲幸运5开奖号码历史查询:licensing agreements with Trump business entities.

On Jan. 25, 2021, the U.S. Supreme Court brought an end to pending lawsuits over whether Trump illegally profited off his presidency. According to the Supreme Court, the cases are no longer relevant now that Trump is no longer in office. Based on our research, Donald Trump seems to be the only president to date who has faced accusations of violating the Foreign Emoluments Clause,🎉 making it an area of law that has rꦛarely been explored in history.

The Bottom Line

Emoluments are profits or gains that result from hold♏ing a position of power. The term became common knowledge after the election of Donald Trump in 2016 because of his refusal to divest himself of his business assets. But what you may not know is that any type of compensation foℱr a job you hold is considered an emolument. This includes things like the salary, benefits, medical leave, and bonuses you receive from your employer.