[20210127]IF11086_美国宪法中的薪酬条款.pdf

https:/crsreports.congress.gov Updated January 27, 2021The Emoluments Clauses of the U.S. ConstitutionLitigation during the Trump Administration raised a number of legal issues concerning formerly obscure constitutional provisions that prohibit the acceptance or receipt of “emoluments” in certain circumstances. This In Focus provides an overview of these constitutional provisions, highlighting several unsettled legal areas concerning their meaning and scope, and reviewing the litigation against former President Donald Trump based on his alleged violations of the Emoluments Clauses. The Constitutional Provisions The Constitution mentions emoluments in three provisions, each sometimes referred to as the “Emoluments Clause”: The Foreign Emoluments Clause (art. I, 9, cl. 8): “No Person holding any Office of Profit or Trust under the United States, 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.” The Domestic Emoluments Clause (a.k.a. the Presidential Emoluments Clause) (art. II, 1, cl. 7): “The President shall, at stated Times, receive for his Services, a Compensation which s