Trump and the Wide World of Emoluments


There are two clauses in the U.S. Constitution that prevent the president from being influenced directly or indirectly by outside sources, either foreign or domestic. The Foreign Emoluments Clause, article I-section 9-clause 8, prohibits the president from accepting payments of any kind from foreign governments without the express approval of Congress. The Domestic Emoluments Clause, article II-section 1-clause 7, states that the president is limited to his salary and prohibits him from accepting payments of any kind from U.S. taxpayers, also without the express approval of Congress. Congress refused to let Lincoln keep elephant tusks presented to him from the King of Siam. Andrew Jackson wasn't allowed to keep a gold medallion from Simón Bolívar.

On Monday, Oct. 21, in a Cabinet meeting, Trump referred to these very real parts of the Constitution with, "You people with this phony Emoluments Clause." His frustration comes from his being forced to cancel the use of his Florida Doral property to host the 2020 G-7 summit after personally deciding a few days prior on the venue. The G-7 summit would pump millions into the failing property whose net operating income has fallen by almost 70% since 2015 (1), and has a documented bedbug infestation problem. (2)

Trump recently admitted that he is in the hospitality business and he tried to diffuse the Doral emolument problem by saying it could be done at cost. Both of these show that Trump has not separated himself from the Trump businesses as he has claimed and that he personally profits from their use. Trump has multiple domestic and foreign properties that, when used by customers, violate the Emolument Clauses. Trump's Washington D.C. hotel is a glaring violation of both emolument clauses.

The House has proposed voting on a resolution that expressly condemns the use of Doral for the G-7 summit. Since the proposal, Trump cancelled Doral for the G-7 and the House vote may be postponed. The resolution should go further than the Doral/G-7 issue and essentially declare, with full and unambiguous Constitutional authority, that the Trump businesses, everyone of them, violate the Constitution while Trump is president. It should also clarify that Trump has not received permission from Congress for emoluments and is unlikely to do so. Trump opened a can of worms when he selected Doral. His greed should result in all of his properties being declared closed while he is president.

With or without the House resolution, Trump is blatantly violating both emolument clauses. He has two options: shut down all of his businesses, or resign.

John L Ferri


(1) - Fahrenthold & O'Connell, Washington Post, May 15, 2019.

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