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The constitutional text

Article I · Section 9

Select any highlighted phrase to understand what it means.

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

[No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.]*

No Tax or Duty shall be laid on Articles exported from any State

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, 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.

Source: National Constitution Center edition. Original wording is preserved; commentary explains historical and superseded provisions.

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Article I, Section 9, Clause 8b

Foreign benefits and public independence

Current text
And no Person holding any Office of Profit or Trust under them, 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.

What it means

Covered federal officeholders may not accept presents, emoluments, offices, or titles from foreign rulers or states without congressional consent. The clause addresses foreign influence through benefits as well as formal appointments.

Historical setting

The Articles contained a similar prohibition without the same consent mechanism. The constitutional concern is that an officer’s public judgment could become dependent on a foreign source of advantage.

What it does

Congressional consent is an express part of this rule, so the clause is not simply an absolute ban with no specified exception. Questions about which offices and benefits fall within its terms have generated interpretive disagreement.

Debate & interpretation

The danger extends beyond a provable bribe: benefits may create divided loyalties without an explicit bargain. At the same time, defining every commercial transaction as an emolument can involve contested legal arguments that should be stated rather than assumed.

A common misreading

The clause is not limited to foreign gifts made in exchange for a demonstrably corrupt official act.

Think it through

Why might a rule against foreign benefits need to operate before anyone can prove that a particular decision was purchased?

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Sources & further reading

Original Madison Center commentary. Explanations distinguish the text, historical context, and interpretive disagreements.

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