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Applicability of the Emoluments Clause and the Foreign Gifts and Decorations Act to the Göteborg Award for Sustainable Development

Neither the Emoluments Clause of the Constitution nor the Foreign Gifts and Decorations Act would bar an employee of the National Oceanic and Atmospheric Administration from accepting the 2010 Göteborg Award for Sustainable Development.

Applicability of the Emoluments Clause to Nongovernmental Members of ACUS A nongovernmental member of the Administrative Conference of the United States does not occupy an office of profit or trust within the meaning of the Emoluments Clause.
Applicability of the Emoluments Clause and the Foreign Gifts and Decorations Act to the President’s Receipt of the Nobel Peace Prize

The Emoluments Clause of the Constitution does not apply to the President’s receipt of the Nobel Peace Prize.

The Foreign Gifts and Decorations Act does not bar the President from accepting the Peace Prize without congressional consent.
 

Application of the Emoluments Clause to a Member of the FBI Director’s Advisory Board

A member of the FBI Director’s Advisory Board does not hold an “Office of Profit or Trust” under the Emoluments Clause of the Constitution.

Application of the Emoluments Clause to a Member of the President’s Council on Bioethics

A member of the President’s Council on Bioethics does not hold an “Office of Profit or Trust” within the meaning of the Emoluments Clause of the Constitution.

Emoluments Clause and World Bank

An international organization in which the United States participates, such as the International Bank for Reconstruction and Development, is not a “foreign State” under the Emoluments Clause, U.S. Const. art. I, § 9, cl. 8.

Applicability of Emoluments Clause to “Representative” Members of Advisory Committees

The Emoluments Clause of the Constitution does not apply to “representative” members of advisory committees, that is, members who are chosen to present the views of private organizations and interests.

The Constitutionality of Cooperative International Law Enforcement Activities Under the Emoluments Clause

The Emoluments Clause of the Constitution does not bar a proposed cooperative maritime counternarcotics operation, because the foreign naval personnel assisting U.S. law enforcement personnel would not hold an “Office of Profit or Trust” under the United States.

The Advisory Committee on International Economic Policy

The Advisory Committee on International Economic Policy is not subject to the Emoluments Clause.

Applicability of Emoluments Clause to Employment of Government Employees by Foreign Public Universities

The Emoluments Clause of the Constitution does not apply in the cases of government employees offered faculty employment by a foreign public university where it can be shown that the university acts independently of the foreign state when making faculty employment decisions.

Applicability of the Emoluments Clause to Non-Government Members of ACUS

The Emoluments Clause of the Constitution prohibits non-government members of the Administrative Conference of the United States from accepting, absent Congress’s consent, a distribution from their partnerships that includes some proportionate share of the revenues generated from the partnership’s foreign government clients.

Non-government members of ACUS are also generally forbidden, absent Congress’s consent, from accepting payments from commercial entities owned or controlled by foreign governments.

Applicability of 18 U.S.C. § 219 to Members of Federal Advisory Committees

Section 219(a) of Title 18 of the United States Code applies to members of federal advisory committees, including the Advisory Committee for Trade Policy and Negotiations, that are governed by the Federal Advisory Committee Act.

Section 219(b) may be used to exempt advisory committee members who are “special government employees,” but may not be used to exempt “representative” members, who are generally not considered government employees.

The Emoluments Clause prohibits an individual who is an agent of a foreign government from serving on an advisory committee, unless Congress has consented to such service.

Authority of Foreign Law Enforcement Agents to Carry Weapons in the United States

No federal statutes generally authorize foreign law enforcement agents to carry firearms in the United States. In particular, 18 U.S.C. § 951 does not provide such authority.

Absent congressional consent, the Emoluments Clause precludes foreign agents from enforcing federal laws. 19 U.S.C. § 1401(i) does not constitute such consent.

The President does not possess inherent authority to designate foreign agents to carry firearms in the United States in order to enforce federal law.

Applicability of Emoluments Clause to Proposed Service of Government Employee on Commission of International Historians

A government employee’s proposed service as a member of a commission of international historians established under the auspices of the Austrian government would violate the Emoluments Clause of the Constitution, U.S. Const, art. I, § 9, cl. 8.

Applicability of 18 U.S.C. § 219 to Retired Foreign Service Officers

A retired foreign service officer is not a public official of the United States subject to 18 U.S.C. § 219, which provides criminal penalties for conduct that would usually constitute a violation of the Emoluments Clause of the Constitution, Article I, § 9, cl. 8.

Application of Emoluments Clause to Part-Time Consultant for the Nuclear Regulatory Commission

A part-time consultant for the Nuclear Regulatory Commission occupied a position of profit or trust under the United States such that he could not, consistent with the Emoluments Clause of the Constitution, accept employment with a private domestic corporation to perform work on a contract with a foreign government.

Application of the Emoluments Clause of the Constitution and the Foreign Gifts and Decorations Act

The Emoluments Clause of the Constitution prohibits government employees from accepting any sort of payment from a foreign government, except with the consent of Congress. Congress has consented to the receipt of minimal gifts from a foreign state, 5 U.S.C. § 7342, but has not consented to receipt of compensation for services rendered.

The fact that an employee of the Nuclear Regulatory Commission would be paid by an American consulting firm for services he rendered in connection with construction of a nuclear power plant in Mexico would not, under the circumstances presented here, avoid the Emoluments Clause, since the Mexican government would be the actual source of the payment.

President Reagan’s Ability to Receive Retirement Benefits From the State of California

Payment to President Reagan of the state retirement benefits to which he is entitled is not intended to subject him to improper influence, nor would it have any such effect, and therefore his receipt of such benefits would not violate the Presidential Emoluments Clause. U.S. Const., Art. II, § 1, cl. 7.

Even if the Presidential Emoluments Clause were interpreted strictly on the basis of the dictionary definition of the term “emolument,” it would not prohibit President Reagan’s receipt of state retirement benefits since under state law those benefits are neither a gift nor a part of the retiree’s compensation.

The role of the Comptroller General in enforcing compliance with the Presidential Emoluments Clause is debatable, the penalty for a violation is unclear, and the Constitution might in any case make questionable the withholding of any part of the President’s salary for an indebtedness to the United States.

Proposal That the President Accept Honorary Irish Citizenship

Acceptance by the President of honorary Irish citizenship would fall within the spirit, if not the letter, of the Emoluments Clause of the Constitution.

The procedure which has developed under the constitutional provision and its implementing statute would permit the President to participate in the formal ceremonies, accept the written evidence of the award and have it deposited with the Department of State, subject to the subsequent consent of Congress.

Even if Congress does not enact consenting legislation, the President could probably have the document conferring honorary Irish citizenship delivered to him by the Department of State after he leaves the White House.

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