Constitutional Law
Nov. 16, 2026
Can the Foreign Emoluments Clause be resurrected?
Renewed scrutiny of President Trump's foreign financial dealings could force courts to confront unresolved questions about who has standing to enforce the Constitution's Foreign Emoluments Clause and what remedies are available for violations.
Marc D. Alexander
Attorney and Mediator
Alternative Resolution Centers (ARC)
The United States Supreme Court has never decided who, if anyone, has standing to challenge a president's violation of the Foreign Emoluments Clause. That could change with the seating of an incoming Democratic Senate and House majority in 2027.
There are two Emoluments Clauses in the Constitution, one foreign and one domestic. The foreign clause provides: "No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under...
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