Business vs. Nation: Trump and the Emoluments Clause

President Donald J. Trump could be in possible violation of the Constitution now that he holds office and still has ties to his businesses.

The Emoluments Clause, found in Article 1, Section 9 of the Constitution of the United States, states, “No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”

This means that no figure holding public office can accept any sort of gift or emolument (a salary, fee, or profit from employment or office) from foreign states. This is to prevent any influence or corruption in the decisions and actions of the president, which could lead to our nation’s affairs being influenced by foreign powers.

For example, Trump owns several hotels in which numerous foreign authorities have resided. Recently, the Trump International Hotel in Washington, D.C., catered to numerous foreign authorities from Asia, the Middle East, etc., who bought out the hotel’s best rooms.

“Why wouldn’t I stay at his hotel blocks from the White House, so I can tell the new president, ‘I love your new hotel!’ ” said one Asian diplomat.

Arturo Sarukhan, a former Mexican ambassador to the United States, told The Atlantic, “Some might think it’s the right way to engage, to be able to tell the next president, ‘Oh, I stayed at your hotel’ as though you are trying to buy influence via a hotel bill.”

Trump has been chairman and president of the Trump Organization and Trump Entertainment Resorts, and he has previous ties with Russia for the Miss Universe beauty pageant, which he owned. For example, in 2013, Trump paired up with billionaire Aras Algarov to host the show in Moscow.

Trump also owns large shares, from $500,000-$1,000,000, in five of the “big six” banks, according to a January 2017 article in Forbes. In addition, he has shares in foreign companies such as TransCanada, which is developing the Keystone XL pipeline. These are only some of Trumps many holdings.

It is evident how a foreign power can come to influence a political figure, and how a president’s decisions could be influenced by his economic interests. This could become a political liability, making the president no longer capable of running the country in an impartial way.

Trump announced in a press conference on Jan. 11, 2017, that he would be handing over his businesses to his children: “[My two sons] are going to be running it in a very professional manner. They are not going to discuss it with me,” he said.

Even though he wouldn’t be running his enterprises, holding a stake in them could still make him vulnerable to bribes and influence from foreign powers and authorities because he could still be receiving compensation. And although he would not be the head of the businesses, his children would still keep ties with him, which also leaves him vulnerable to liability.

Although this may be the case, Citizens for Responsibility and Ethics in Washington argues that the president is in fact in violation of the Emoluments Clause. However, for them to sue appropriately, they must prove to the U.S. Supreme Court how they are being negatively affected/harmed.

If Donald Trump continues to refuse to terminate all connections with his businesses, it could ultimately lead to his impeachment.