How to avoid political corruption in the US – the Emoluments Clauses
Every few months there are some more ideas being pitched of how to curb present US corruption. This time the Brennan Center brings a new/old concept to the fore, specifically the US Constitution’s Foreign and Domestic Emoluments Clauses. These clauses bar the president and other federal officials from receiving emoluments. Emoluments are benefits or advantages, specifically from foreign governments and, in the case of the president, the federal and state governments. Though the concept of anti-corruption was not defined as such by the writers of the American constitution, they are fundamentally the oldest anti-corruption models and the only ones written directly into the Constitution. What is suggested in the article is that the US needs to move to the next level due to the complete overreach by many members of the Trump administration. “The collapse of voluntary compliance and the corresponding increase in violations has exposed the gaps in emoluments enforcement: The Constitution doesn’t define what counts as an emolument or how the clauses’ prohibitions should be enforced.” Usually, in the past, the government officials knew these clauses existed and followed them.
So why should we care about this and what should be done. Moving forward on this idea would remind the US congress that the fundamental document which leads the US, corruption was known to exist and needed to be addressed. Sadly, the most senior government officials seem to feel that they are untouchable, yet in this case they can be touched, and the US congress can move forward. A clear definition of emoluments, specific procedures for disclosure and divestment, and mechanisms to provide independent enforcement would begin the process, envisioned by the US framers of the US Constitution. This would be one positive step to begin repairing the loss of trust by the public in their government. It may be an old clause, but it still resonates today.
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