Emoluments Clause: Constitutional Protection against Conflict of Interest

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This paper, titled “The Emoluments Clause: Its Text, Meaning, and Application to Donald J. Trump,” was written by:

• Norman L. Eisen, fellow at the Brooking Institution, was chief White House ethics lawyer from 2009 to 2011 and ambassador to the Czech Republic from 2011 to 2014. He is chair of Citizens for Responsibility and Ethics in Washington (CREW).
• Richard W. Painter, professor at the University of Minnesota Law School, was chief White House ethics lawyer from 2005 to 2007. He is vice chariman of CREW.
• Laurence H. Tribe, is Professor of Constitutional Law at Harvard University.

​The authors express concern about the unique ethical challenges a Trump presidency: “Never in American history has a president-elect presented more conflict of interest questions and foreign entanglements than Donald Trump." They assert that in our present national situation, “when there is overwhelming evidence that a foreign power has indeed meddled in our political system, adherence to the strict prohibition on foreign government presents and emoluments ‘of any kind whatever’ is even more important for our national security and independence.”
 
The link to the Brookings paper is here:
https://www.brookings.edu/wp-content/uploads/2016/12/gs_121616_emoluments-clause1.pdf

​The link to the Brookings Institution website is here:
https://www.brookings.edu/topic/u-s-politics-government/