Primary Sources Reference → Emoluments

The Emoluments Debates

The Emoluments Clauses have almost no case law, so the founding-era records carry unusual weight. These are the pages where the clauses were proposed and explained, in the Framers’ own words. Read them for yourself.

The Founding Debates

The Foreign Emoluments Clause is born — 2 Max Farrand, The Records of the Federal Convention of 1787, at 389 (1911) — Madison’s notes — Constitutional Convention · August 23, 1787

The Foreign Emoluments Clause is born

Charles Pinckney moves the clause "to preserve foreign Ministers & other officers of the U.S. independent of external influence." Madison records the exact text, which passes without objection.

2 Max Farrand, The Records of the Federal Convention of 1787, at 389 (1911) — Madison’s notes

Randolph on the purpose of the clause — 3 Elliot’s Debates 465 — Virginia Ratifying Convention · 1788

Randolph on the purpose of the clause

Edmund Randolph tells the convention the clause was "provided to prevent corruption," recalls the gift box a foreign king gave an American ambassador, and uses "emolument" broadly: "All men have a natural inherent right of receiving emoluments from any one."

3 Elliot’s Debates 465

Both clauses, aimed at the President — 3 Elliot’s Debates 486 — Virginia Ratifying Convention · 1788

Both clauses, aimed at the President

Randolph ties the protections directly to the President "receiving emoluments from foreign powers," quotes both clauses together, and concludes: "It is impossible to guard better against corruption."

3 Elliot’s Debates 486

Why a President is more tempted than a king — 4 Elliot’s Debates 264 — South Carolina · 1788

Why a President is more tempted than a king

Gen. Charles Cotesworth Pinckney argues a President, unlike a king, could take a foreign bribe and simply leave the country, recalling "Charles II, who sold Dunkirk to Louis XIV."

4 Elliot’s Debates 264

Executive Interpretation

The Attorney General reads the clause — 13 Op. Att’y Gen. 538 (1871) — Opinion of Attorney General Amos T. Akerman · November 1871

The Attorney General reads the clause

A U.S. minister abroad may do a foreign power a friendly service, even help negotiate a treaty, but may not accept a formal commission as that power’s own minister, because that makes him its officer.

13 Op. Att’y Gen. 538 (1871) · opening page