Then Emolument Clause
FACTS Trump has full ownership stake in his organizations. Due to his presidency
foreign leaders stay at Trump hotels over competing hotels in the Washington area. As a cause
the hotels is speculated to receive financial gifts via reservations.
ISSUE Whether the emolument clause is being violated by the presidential office?
RULE/ LAW The Emolument Clause “bars any “Person holding any Office of Profit or
Trust under [the United States]” from accepting “any present, Emolument, Office, or Title, of any
kind whatever, from any King, Prince, or foreign State” (absent congressional consent).” (Matz,
Tribe. Web.)
ANALYSIS OR APPLICATION It is the purpose of the emolument clause to discourage the
choice of loyalty to “the people” or to one’s own business benefit. Trump is speculated to profit
by providing foreign officials services at Trump organizations at a “fair market value.”
Speculation behind this notion is that foreign officials are choosing to stay at Trump hotels to
persuade foreign affairs.
CONCLUSION Trump in in violation of the emolument clause due to his personal Trump
organizations. There are many speculations and possibilities for this case. Until Trump provides
concrete proof that he is not acting in any way towards his organizations and that amounts paid
for services used by foreign officials are justified, the American citizens will find him
untrustworthy.
Source:
Matz, Joshua, Tribe, Laurence H. “President Trump Has No Defense Under the Foreign
Emoluments Clause”. Web.
https://www.acslaw.org/sites/default/files/pdf/Trump%20and%20the%20Emoluments%20Cl