• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Microsoft AI chief gives it 18 months—for all white-collar work to be automated by AI

2

Former top Russian official admits the country is over Putin and can 'imagine a future without him' — even elites bail as Kremlin seizes their assets 

3

Meet the 20-year-old CEO who launched a company in high school to solve Gen Z's entry-level job crisis

1

Microsoft AI chief gives it 18 months—for all white-collar work to be automated by AI

2

Former top Russian official admits the country is over Putin and can 'imagine a future without him' — even elites bail as Kremlin seizes their assets 

3

Meet the 20-year-old CEO who launched a company in high school to solve Gen Z's entry-level job crisis
TechDonald Trump

Trump and the E-Word: A Guide to the Constitution’s Emoluments Clause

Jeff John Roberts
By
Jeff John Roberts
Jeff John Roberts
Editor, Finance and Crypto
Down Arrow Button Icon
Jeff John Roberts
By
Jeff John Roberts
Jeff John Roberts
Editor, Finance and Crypto
Down Arrow Button Icon
January 9, 2017, 6:22 PM ET

As inauguration day draws closer, America’s incoming tycoon President still faces conflict-of-interest questions that could arise from his sprawling business empire. Among legal types, this has produced a rush of chatter over the Emoluments Clause in the US Constitution and how it should apply to Donald Trump.

Not familiar with the Emoluments Clause? Don’t worry — no one else gave it much thought until Trump rose to the Oval Office. But if you need to sound smart at a cocktail party, here’s a plain English overview.

What the heck is an emolument?

It’s an old word that once meant any benefit or comfort. Today, it refers to salary or swag that comes from providing a service.

What do emoluments have to with President Trump?

Article I, Section 9 of the U.S. Constitution prevents anyone holding an “Office” from accepting presents or emoluments from “any King, Prince or Foreign State.” The Founders’ idea here, of course, is to prevent foreign powers using gifts or money to corrupt the President’s loyalty to the U.S.

When it comes to the new President-elect, some say that Trump could violate the letter or spirit of the law if a king or foreign country spends money at or on one of his businesses.

How would the law apply to Trump?

No one really knows for sure. In 2009, the Justice Department wrote a memo saying President Obama could accept $1.4 million in Nobel Prize money, since it was not tied to a government. (Obama ultimately donated the cash to charity.) But the clause has not been tested in court and the Supreme Court has never addressed it.

This hasn’t stopped people from weighing in, of course. Liberals argue the clause is an anti-bribery law that squarely covers Trump’s business interests. Others are adamant the emoluments rule does not apply to Trump at all, in part because the “Office” in question may not refer to the Presidency.

The answer gets even murkier in figuring out just when the clause should apply. For instance, is a company backed by a government a “foreign state?” Does the clause apply to emoluments received by Trump’s children? The hypotheticals go on, and on.

So when will the courts clear this up?

Unfortunately, the answer may be never. As legal scholars like Jonathan Adler have noted, no one will be able to bring a lawsuit since, in legal speak, “the underlying controversy is almost certainly non-justiciable.” This means any attempt to take Trump to task over conflict-of-interest will have to be political, like an impeachment, not legal.

Stephen Scott, an emeritus professor at McGill University, makes a similar argument, saying the Emoluments Clause is not suited to address ethical issues involving Trump’s business empire.

“The issues debated here are too wide to be appropriately dealt with by the emoluments clause. They really have to be dealt with by rules or practices designed to address and avoid conflicts of interest. That’s the real subject. The tail cannot wag the dog. The emoluments clause cannot plausibly or workably be made to do the work of excluding conflicts of interest,” said Scott in an email to Fortune.

I just love this emolument stuff. Where can I learn more?

Randall Eliason, a law professor and blogger, has written a detailed and very helpful account titled The Emoluments Clause, Bribery and President Trump. Meanwhile, Adam Liptak’s account in the New York Times includes a close look at how the Justice Department addressed emoluments in the case of the Nobel prize. Finally it turns out there are actually three clauses in the Constitution that cover emoluments; the constitutional lawyer Brianne Gorod has you covered on that.

About the Author
Jeff John Roberts
By Jeff John RobertsEditor, Finance and Crypto
LinkedIn iconTwitter icon

Jeff John Roberts is the Finance and Crypto editor at Fortune, overseeing coverage of the blockchain and how technology is changing finance.

See full bioRight Arrow Button Icon

Latest in Tech

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Tech

New NRG Energy CEO leans into growth with ‘bring your own power’ for the AI boom and affordability with ‘virtual power plants’
Energypower
New NRG Energy CEO leans into growth with ‘bring your own power’ for the AI boom and affordability with ‘virtual power plants’
By Jordan BlumMay 17, 2026
18 minutes ago
AI poised to tilt job market leverage toward older workers
AIHiring
AI poised to tilt job market leverage toward older workers
By Victor Swezey and BloombergMay 16, 2026
8 hours ago
SpaceX heads into a record-shattering IPO with the ‘deepest moat that exists today’ as investors vow to ‘never bet against Elon’
InnovationIPOs
SpaceX heads into a record-shattering IPO with the ‘deepest moat that exists today’ as investors vow to ‘never bet against Elon’
By Jason MaMay 16, 2026
15 hours ago
tarot
AICulture
We talked to 12 tarot card readers who are using AI. They split in 2 camps, with big implications for the technology
By Ziv Epstein, Farnaz Jahanbakhsh, Vana Goblot and The ConversationMay 16, 2026
16 hours ago
liberman
Commentarystart-ups
We watched social media concentrate. The same thing is happening in AI, only at a deeper layer
By David Liberman and Daniil LibermanMay 16, 2026
18 hours ago
mustafa suleyman
AIMicrosoft
Microsoft AI chief gives it 18 months—for all white-collar work to be automated by AI
By Jake AngeloMay 16, 2026
19 hours ago

Most Popular

Microsoft AI chief gives it 18 months—for all white-collar work to be automated by AI
AI
Microsoft AI chief gives it 18 months—for all white-collar work to be automated by AI
By Jake AngeloMay 16, 2026
19 hours ago
Former top Russian official admits the country is over Putin and can 'imagine a future without him' — even elites bail as Kremlin seizes their assets 
Politics
Former top Russian official admits the country is over Putin and can 'imagine a future without him' — even elites bail as Kremlin seizes their assets 
By Jason MaMay 16, 2026
9 hours ago
Meet the 20-year-old CEO who launched a company in high school to solve Gen Z's entry-level job crisis
Future of Work
Meet the 20-year-old CEO who launched a company in high school to solve Gen Z's entry-level job crisis
By Jake AngeloMay 16, 2026
23 hours ago
The Bezos family just donated $100 million to help achieve one of Mayor Zohran Mamdani’s top campaign promises
Politics
The Bezos family just donated $100 million to help achieve one of Mayor Zohran Mamdani’s top campaign promises
By Jake AngeloMay 12, 2026
4 days ago
‘You’re not a hero, you’re a liability’: Shark Tank’s Kevin O’Leary warns Gen Z founders to stop glorifying hustle culture
Future of Work
‘You’re not a hero, you’re a liability’: Shark Tank’s Kevin O’Leary warns Gen Z founders to stop glorifying hustle culture
By Jacqueline MunisMay 16, 2026
19 hours ago
Despite having a $165 million net worth, Scarlett Johansson says work-life balance doesn’t exist—and the first step to success is admitting that
Success
Despite having a $165 million net worth, Scarlett Johansson says work-life balance doesn’t exist—and the first step to success is admitting that
By Preston ForeMay 13, 2026
4 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.