Comment Re:Can I pay him not to post? (Score 1) 175
isn't even clearly defined
The definition is literally in the clause - the president gets a salary for being a president and nothing else.
Crystal clear.
I wish it were that simple.
First, note that there isn't one emoluments clause, there are two. And they're quite different.
The Foreign Emoluments clause prohibits any officer of the government, which would include the president, though that's not specifically stated, from accepting a "present" from any foreign government. The problem with this is that it's not clear how it's supposed to be enforced with respect to the president. Traditionally, presidents have treated gifts as gifts to the country, and when they wanted to make an exception they asked Congress to authorize it. Mostly. George Washington famously kept a painting the French gave him. Trump, er, took a different approach, simply ignoring the Foreign Emoluments clause, which the Constitution says isn't allowed... but then what? Congress never passed any law defining how exactly the clause was supposed to apply to the president (there are laws about not accepting gifts for pretty much everyone else in the executive branch)... so, how it might work is undefined.
During Trump's first term, a bunch of Congressional Democrats sued Trump for violating the Foreign Emoluments clause, and their suit was dismissed for lack of standing. Courts ruled that individual legislators (much less individual Americans) lack standing to sue over it, only Congress as a body has standing, and Congress as a body hasn't been interested in acting. There were also some suits by DC hospitality businesses claiming economic injury because foreign visitors chose Trump's properties to curry favor. The district court said they didn't have standing but that was reversed on appeal.. but never decided because it was mooted when he left office. The DC and Maryland governments sued and courts went back and forth on their standing, but that was never decided either, then mooted when he left.
So... at present there is no enforcement mechanism unless Congress creates one, or unless the courts decide that someone (and it's not clear who that might be) has standing. And we also have no idea what the remedies might be.
The Domestic Emoluments clause is more precise, but very narrow. It says Congress can't change the president's salary during their term, and that the president can't be paid by the federal government (other than his salary) nor any state government. That says nothing about Wall Street bros buying insider info, people paying for pardons, hodlers buying crypto to get a sit-down... none of that.