Interpreting Emoluments Today: The Framers’ Intent and the “Present” Problem

Bianca Spinosa

Two provisions of the United States Constitution, the Foreign and Domestic Emoluments Clauses (“the Clauses”) historically received very little attention, but for the first time, they are being interpreted in federal court. Three separate lawsuits allege President Donald Trump’s business interests are violating these Clauses. These business interests stem from President Trump’s role as a well-known global businessperson and founder of the Trump Organization before becoming President. The Trump Organization has ten hotels in its real estate portfolio. One of these hotels, the Trump International Hotel (“Trump Hotel”), is located in the Old Post Office Building within a mile of the White House. The Old Post Office Building has been on the National Register of Historic Places since 1973 and, like other historic properties the General Services Administration (“GSA”) maintains, can be rented. In 2013, the GSA leased the Old Post Office Building to Mr. Trump.