Also known as: emoluments
Written by attorneys · grounded in primary & secondary sources — see below
A benefit, profit, or compensation received by a public official as a result of holding office or performing official duties.
President Edith Eberhardt accepts a luxury residence lease from a foreign sovereign during her term. The arrangement supplies ongoing personal advantage tied directly to her official position. Congress never consents to the transfer. The benefit qualifies as an emolument under the constitutional restriction on foreign presents.
Senator Elijah Edwards receives an honorary diplomatic post from a foreign prince without congressional approval. The post carries a stipend paid by the foreign government. The stipend constitutes an emolument attached to his federal office. The acceptance violates the prohibition on foreign emoluments.
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Mayor Enzo Eastwood presides over prohibition cases and collects fees only upon conviction. The fees represent a direct financial gain from the exercise of judicial duties. A defendant challenges the arrangement as creating an impermissible interest. The prospect of such emolument renders the proceeding fundamentally unfair.
Evergreen Bank contributes to a political fund while a federal officeholder holds a stake in the bank. The contribution supplies an indirect advantage linked to the officeholder's public role. Commentators compare the arrangement to the foreign-emolument concern. The benefit raises questions about loyalty and improper gain.
Evelyn Ellison, a sitting federal judge, receives a salary increase enacted after her appointment. The increase is listed among constitutional provisions addressing emoluments of office. The change affects compensation tied to her judicial position. The provision prevents certain post-appointment alterations in emoluments.
Representative Eric Espinoza is appointed to a newly created executive post whose salary was raised during his congressional term. The salary hike constitutes an emolument increase within the meaning of the ineligibility clause. The appointment is barred to avoid self-dealing through office benefits. The restriction preserves separation between legislative and executive compensation structures.
The clause bars any person holding an office of profit or trust under the United States from accepting any present, emolument, office, or title from a foreign state without congressional consent. It targets benefits received because of the federal office. The prohibition prevents foreign influence on federal officials.
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The Court held that the mayor's receipt of fees only upon conviction created a direct financial interest in the outcome of each case. That interest was neither remote nor insignificant. The prospect of such emolument violated due process because it undermined impartial adjudication.
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The text of Article I, Section 9 expressly limits the prohibition to presents, emoluments, offices, or titles from any king, prince, or foreign state. Domestic compensation arrangements fall under separate constitutional provisions such as the compensation clauses.
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The Constitution does not provide an automatic vacancy or self-executing removal. Congress may investigate whether the conduct amounts to bribery or another high crime or misdemeanor and pursue impeachment through the House and conviction in the Senate.
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…cl. 3; in the Apportionment Clause, Art. I, § 2, cl. 3; in the Migration and Importation provision, Art. I, § 9, cl. 1; in the Emolument Clause, Art. I, § 9, cl. 8; in the Electors provisions, Art. II, § 1, cl. 2, and the superseded cl. 3; in the provision outlining qualifications for the office of President, Art. II, § 1,…