Can Congress Grant Trump Permission to Continue Operating His Businesses?
Is it possible that Congress could simply pass a resolution allowing Trump to continue owning his businesses? This article delves into the legal and constitutional implications of such a scenario, providing a comprehensive analysis based on existing legal interpretations and historical precedents.
Can a President Operate a Profitable Business?
In essence, a President is not prohibited from operating a business for profit. An emolument, as defined by legal precedents, is not the profit from a straightforward value-for-value transaction but is rather a form of reward without compensation. The U.S. Constitution embodies several provisions that address this concept, primarily through the Emolument Clause in Article I, Section 9.
The Emoluments Clause and the Constitution
The Emoluments Clause of the Constitution, as written in Article I, Section 9, clearly states: '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 whatsoever from any King, Prince, or foreign State.' This clause specifically prohibits any person holding an office of profit or trust from accepting an emolument from a foreign power without the consent of Congress.
Interpretation and Historical Precedents
The annotated Constitution provides limited insight into the Emoluments Clause. In 1871, the Attorney General of the United States ruled that a U.S. minister abroad could not be prohibited from rendering a friendly service to a foreign power, even if it involved negotiating a treaty, as long as the individual did not become an officer of that power. This interpretation suggests that provided one is not influenced by a foreign power, they may provide any service for that foreign power.
Custom and Historical Precedents
Customary practice throughout history has consistently permitted presidents to engage in profit-oriented business ventures. All former presidents in recent history have owned shares in public corporations, with many also investing in privately-held entities. None of these ventures have been closely scrutinized, as it is widely recognized that former presidents have had varying degrees of business involvement over time.
Addressing the Question Through Legislation
To resolve any lingering doubts about whether the current president is bound by the same rules as his predecessors, Congress could pass a resolution explicitly allowing him to engage in such business activities. Such a resolution would align with the historical understanding that former presidents have had permissible business interests without running afoul of the Emoluments Clause.
The Legality and Necessity of Legislative Action
While legal scholars and historians agree that the current president is permitted to own and operate businesses for profit, there is a need to address the broader public perception and uncertainty. Congressional action in this regard would provide clarity and reinforce the longstanding custom that former presidents have respected.
Conclusion
In summary, Congress could indeed pass a resolution permitting the current president to continue operating his businesses, aligning with both legal precedent and historical practices. The lack of such a resolution by Congress suggests a tacit acknowledgment of these long-standing norms. As such, the public can feel confident that such actions do not contravene the spirit or letter of the Constitution.