Democracy and the Constitution Clinic
constitution, nonparitisan, emolument clause
The Constitution’s Foreign and Domestic Emoluments Clauses are meant to prevent corruption and conflicts of interest. The Foreign Emoluments Clause prohibits some federal officials, including the president, from receiving payments or other benefits from foreign governments, while the Domestic Emoluments Clause bans the president from receiving payments other than the office’s salary from the federal and state governments. To enforce the clauses, this report recommends requiring the president to divest from business interests and increasing powers to investigate and punish violations of the clauses.
This report was researched and written during the 2018-2019 academic year by students in Fordham Law School’s Democracy and the Constitution Clinic, which is focused on developing non-partisan recommendations to strengthen the nation’s institutions and its democracy. The clinic's reports are available at law.fordham.edu/democracyreports.
James Auchincloss, Megha Dharia, and Krysia Lenzo,
Enforcing the Intent of the Constitution’s Foreign and Domestic Emoluments Clauses
Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/1105