[Congressional Record Volume 163, Number 9 (Friday, January 13, 2017)]
[Extensions of Remarks]
[Page E68]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF THE NO CONGRESSIONAL CONSENT FOR PRESIDENT DONALD J. 
       TRUMP TO ACCEPT FOREIGN EMOLUMENTS OF ANY KIND WHATSOEVER

                                  _____
                                 

                           HON. MARCY KAPTUR

                                of ohio

                    in the house of representatives

                        Friday, January 13, 2017

  Ms. KAPTUR. Mr. Speaker, the Constitution 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 whatever, from any King, Prince, or foreign State.''
  The law defines public service as a public trust. It requires 
government employees to place loyalty to the Constitution, and laws and 
ethical principles above private gain. At his inauguration, President-
elect Donald J. Trump will swear an oath to uphold the Constitution. 
Given the immensity of Mr. Trump's business dealings, grave concerns 
exist that he will immediately be in violation of this oath. Every one 
of his personal investments will pose a conflict of interest. Any 
ongoing foreign business relationship threatens to violate the 
Constitution's Emoluments Clause. The Constitution must be upheld.
  Our Founding Fathers identified the principles important to the 
bedrock of our democracy; they included an anticorruption measure known 
as the Emolument Clause. Its inclusion emphasized their desire to 
preserve independence from external influence. There is no question 
this principle should apply to this President, as it has to every other 
President of our nation.
  Mr. Trump has achieved great wealth and his investments spread across 
the United States and dozens of foreign countries. His personal 
finances are directly impacted not only by our own policy but also by 
policies adopted in other nations. His debt obligations pose great 
conflicts of interests and the possibility of hidden influences will 
eclipse every action and decision Mr. Trump makes. There is no way to 
be sure of the full depth of Mr. Trump's conflicts. He continues to 
refuse to release his tax returns, a key component of accountability 
provided by every President and presidential candidate since Richard 
Nixon.
  When asked what he will do to eliminate the conflicts, Mr. Trump has 
said it's ``a very simple situation'' and ``routine.'' Yet, thus far, 
he has not explained how he will address the conflicts. Meanwhile, 
there has been little division between Mr. Trump's business interests 
and his transition. This fly-by-the-seat-of-your-pants approach is 
unconstitutional and dangerous to liberty.
  Our Founding Fathers would not accept this uncertainty and subversion 
of the Constitution. They constructed the Clause to clearly forbid 
self-serving dealings. They established a clear baseline of 
unacceptable conduct, rather than force after-the-fact judgement. 
Further, they granted Congress the power to validate exchanges.
  This is why I am introducing a joint resolution, the ``No 
Congressional Consent for President Donald J. Trump to Accept Foreign 
Emoluments of Any Kind Whatsoever.'' It empowers Congress to act by 
explicitly denying consent for Mr. Trump to accept any and all 
emoluments, whatever they may be.
  The resolution details that since the President is a federal office 
holder, he is subject to the strict scrutiny of the Emolument Clause. 
As such, the President cannot accept any Emolument without the consent 
of Congress and since emolument is broadly qualified, the consent or 
denial is in effect for a full spectrum of transactions. Specifically, 
these transactions include emoluments from foreign States and 
corporations owned or controlled by foreign governments. Further, the 
resolution explicitly denies Congressional consent for Mr. Trump's 
acceptance of any emolument, whatever it may be and requires President 
Trump to report back to Congress on specific action taken to ensure his 
compliance with the Emoluments Clause.
  Mr. Speaker, Congress must act to uphold our Constitution and decide 
what should be allowed and what cannot be tolerated with Mr. Trump's 
business dealings. Without full sunlight and full separation of private 
interests from the public trust, we must deny any acceptance of any 
emolument.

                          ____________________