Emoluments Clause

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Emoluments Clause may refer to the following clauses in the United States Constitution:

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<span class="mw-page-title-main">Article One of the United States Constitution</span> Portion of the US Constitution regarding Congress as right

Article One of the Constitution of the United States establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers.

<span class="mw-page-title-main">Article Two of the United States Constitution</span> Portion of the US Constitution regarding the executive branch

Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.

<span class="mw-page-title-main">Article Three of the United States Constitution</span> Portion of the US Constitution regarding the judicial branch

Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason.

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<span class="mw-page-title-main">Federal government of the United States</span> National government of the United States

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The Virginia Declaration of Rights was drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government. It influenced a number of later documents, including the United States Declaration of Independence (1776) and the United States Bill of Rights (1789).

<span class="mw-page-title-main">Constitution of the Confederate States</span> Supreme law of the Confederate States of America

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The president of Zambia is the head of state and the head of government of Zambia. The office was first held by Kenneth Kaunda following independence in 1964. Since 1991, when Kaunda left the presidency, the office has been held by seven others: Dr. Frederick Chiluba, Levy Mwanawasa, Rupiah Banda, Michael Sata, Edgar Lungu and the current president Hakainde Hichilema, who won the 2021 presidential election. In addition, acting president Guy Scott served in an interim capacity after the death of President Michael Sata.

An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party. The term eternity clause is used in a similar manner in the constitutions of Brazil, the Czech Republic, Germany, Greece, India, Iran, Italy, Morocco, Norway, and Turkey, but specifically applies to an entrenched clause that can never be overridden. However, if a constitution provides for a mechanism of its own abolition or replacement, like the German Basic Law does in Article 146, this by necessity provides a "back door" for getting rid of the "eternity clause", too.

An office of profit means a position that brings to the person holding it some financial gain, or advantage, or benefit. It may be an office or place of profit if it carries some remuneration, financial advantage, benefit etc.

The Foreign Emoluments Clause is a provision in Article I, Section 9, Clause 8 of the United States Constitution, that prohibits the federal government from granting titles of nobility, and restricts members of the federal government from receiving gifts, emoluments, offices or titles from foreign states and monarchies without the consent of the United States Congress. Also known as the Titles of Nobility Clause, it was designed to shield the federal officeholders of the United States against so-called "corrupting foreign influences". The clause is reinforced by the corresponding prohibition on state titles of nobility in Article I, Section 10, and more generally by the Republican Guarantee Clause in Article IV, Section 4.

The Saxbe fix, or salary rollback, is a mechanism by which the president of the United States, in appointing a current or former member of the United States Congress whose elected term has not yet expired, can avoid the restriction of the United States Constitution's Ineligibility Clause. That clause prohibits the president from appointing a current or former member of Congress to a civil office position that was created, or to a civil office position for which the pay or benefits were increased, during the term for which that member was elected until the term has expired. The rollback, first implemented by an Act of Congress in 1909, reverts the emoluments of the office to the amount they were when that member began his or her elected term.

The Ineligibility Clause is a provision in Article 1, Section 6, Clause 2 of the United States Constitution that makes each incumbent member of Congress ineligible to hold an office established by the federal government during their tenure in Congress; it also bars officials in the federal government's executive and judicial branches from simultaneously serving in either the U.S. House or Senate. The purpose of the clause is twofold: first, to protect the separation of powers philosophy ; and second, to prevent Congress from conspiring to create offices or increase federal officials' salaries with the expectation that members of Congress would later be appointed to these posts.

<span class="mw-page-title-main">Powers of the United States Congress</span>

Powers of the United States Congress are implemented by the United States Constitution, defined by rulings of the Supreme Court, and by its own efforts and by other factors such as history and custom. It is the chief legislative body of the United States. Some powers are explicitly defined by the Constitution and are called enumerated powers; others have been assumed to exist and are called implied powers.

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An officer of the United States is a functionary of the executive or judicial branches of the federal government of the United States to whom is delegated some part of the country's sovereign power. The term officer of the United States is not a title, but a term of classification for a certain type of official.

Citizens for Responsibility and Ethics in Washington v. Trump was a case brought before the United States District Court for the Southern District of New York. The plaintiffs, watchdog group Citizens for Responsibility and Ethics in Washington (CREW), hotel and restaurant owner Eric Goode, an association of restaurants known as ROC United, and an Embassy Row hotel event booker named Jill Phaneuf alleged that the defendant, President Donald Trump, was in violation of the Foreign Emoluments Clause, a constitutional provision that bars the president or any other federal official from taking gifts or payments from foreign governments. CREW filed its complaint on January 23, 2017, shortly after Trump was inaugurated as president. An amended complaint, adding the hotel and restaurant industry plaintiffs, was filed on April 18, 2017. A second amended complaint was filed on May 10, 2017. CREW was represented by several prominent lawyers and legal scholars in the case.

<i>D.C. and Maryland v. Trump</i> Lawsuit by Maryland and District of Columbia against Donald Trump concerning emoluments

D.C. and Maryland v. Trump was a lawsuit filed on June 12, 2017, in the United States District Court for the District of Maryland. The plaintiffs, the U.S. state of Maryland and the District of Columbia, alleged that the defendant, President Donald Trump, had violated the Foreign Emoluments Clause of the United States Constitution by accepting gifts from foreign governments. The lawsuit was filed by D.C. Attorney General Karl Racine and Maryland Attorney General Brian Frosh.

Oath or Affirmation Clause may refer to the following clauses of the United States Constitution: