No Congressional Consent for President Donald J. Trump To Accept Foreign Emoluments of Any Kind Whatsoever

No Congressional Consent for President Donald J. Trump To Accept Foreign Emoluments of Any Kind Whatsoever

This joint resolution declares that:

• the President, as holder of a federal office, is subject to the strict scrutiny of the Emoluments Clause of the Constitution;
• as a holder of office of profit or trust, the President shall not accept any present, emolument, office, or title of any kind whatever from any king, prince, or foreign state, without the consent of Congress;
• historic meaning and precedent provides that what qualifies as an emolument is given broad construction, further broadened by the inclusion "of any kind whatever," leaving Congress with the power to consent or deny consent to a full spectrum of transactions; and
• emoluments reach not only foreign states, but also their agents and instrumentalities, and precedent has determined that corporations owned or controlled by a foreign government are presumptively foreign states.

The joint resolution: (1) declares that the Emoluments Clause denies congressional consent to allow President Trump to accept any present, emolument, office, or title of any kind whatever from any king, prince, or foreign state; and (2) requires President Trump to report to Congress on matters relevant to this resolution, including a detailed account of actions taken to ensure compliance with the Emoluments Clause.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov