Also known as: emoluments
Written by attorneys — see sources 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.
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.
Tumey was arrested pursuant to a warrant issued by Mayor Pugh of the Village of North College Hill and charged with unlawfully possessing intoxicating liquor within Hamilton County. Upon appearing before the mayor, Tumey moved for dismissal on the ground that the mayor was disqualified to try the case. The mayor denied the motion, conducted the trial, convicted Tumey, fined him one hundred dollars, and ordered that he remain imprisoned until the fine and costs were paid. Tumey carried the case on error to the Court of Common Pleas of Hamilton County. That court reversed the judgment. The State obtained review in the Court of Appeals of the first appellate district of Ohio, which reversed the judgment of the Court of Common Pleas and affirmed the mayor's judgment. The Supreme Court of Ohio refused to require the Court of Appeals to certify its record and subsequently dismissed Tumey's petition in error. The Village of North College Hill had a population of 1,104 according to the federal census, while Hamilton County had more than half a million residents. Under the Ohio statutes and Village Ordinance No. 125, the mayor received his costs in each case only if the defendant was convicted, and the village received one half of the fines collected from prohibition violations, with part of those funds used to compensate deputy marshals and prosecutors based on percentages of the fines collected. From May 11, 1923, to December 31, 1923, Mayor Pugh received $696.35 from liquor cases in addition to his regular salary. The duties of the mayor were primarily executive, including serving as chief conservator of the peace and supervising the finances of the village. The case came before the United States Supreme Court on a writ of error directed to the judgment of the Supreme Court of Ohio.
View caseEvergreen 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.
Supporting sources
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,…