Hello, Reader!
A luxury jet, a foreign monarchy, and a United States President. It sounds like the start of a novel, but this is a real-world scenario that's testing one of the U.S. Constitution's oldest safeguards: the Emoluments Clause.
Drafted in 1787 to prevent foreign influence over U.S. officials, the Emoluments Clause is in the spotlight.
So what did the Founders intend? And how does an eighteenth-century concern about gifts from kings apply to today's headlines?
Thank you to Tim for requesting this topic.
✈️ A Jet, a Gift, and a Constitutional Question
What's New: Reports suggest that the Qatari royal family would like to gift President Donald Trump a Boeing 747-8 aircraft. Valued at approximately $400 million, the jet is said to be intended for use as a temporary Air Force One and, eventually, as part of the president's future presidential library or legacy institution.
⚠️ Why It Matters: The United States Constitution's Emolument Clause prohibits federal officials from accepting gifts, payments, or titles from foreign governments without congressional approval. This proposed gift tests the continued relevance and application of an eighteenth-century safeguard. [1]
📜 What the Constitution Says
The Clause:
"No Person holding any Office of Profit or Trust under [the United States], shall, without the Consent of Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State."
🧠 Why the Framers Wrote It
1787 Origins: The Emoluments Clause was introduced and adopted unanimously at the Constitutional Convention. James Madison and others warned that even small gifts could lead to undue foreign influence over U.S. officials.
Historical Context: The Framers' experience with colonial officials--many of whom had accepted titles, favors, and gifts from the British Crown--informed their desire to insulate the new republic's leaders from foreign entanglements.
Early Practice: Presidents, including George Washington and Thomas Jefferson, either declined foreign gifts or sought congressional consent before accepting them, setting early precedents of accountability and ethical transparency. [2]
⚖️ Legal and Ethical Questions
Is it Legal for President Trump to Accept the Airplane? The Emoluments Clause applies to a sitting President. While some legal scholars have historically debated this point, the consensus--including opinions from the Department of Justice's Office of Legal Counsel and the Congressional Research Service--is that the clause applies to the President.
Current Status: As of now, Congress has not publicly approved the transfer of a Boeing 747-8 from Qatar to President Trump. Without such approval, acceptance of the gift would likely violate the Constitution's Emoluments Clause.
Ethical Considerations: Beyond legal concerns, accepting a high-value gift from a foreign government raises broader ethical issues, including potential conflicts of interest and the perception of undue influence. Even if legally permissible with congressional approval, such a gift could erode public trust in the impartiality and independence of the executive office. [3]
🎧 Go Deeper
🎙️ Politics and Political Culture in the Early American Republic: Explore how early Americans viewed government, virtue, and public trust--key themes behind clauses like the Emoluments Clause.
📜 Origins of the Eleventh Amendment: Discover how a foreign citizen brought a lawsuit against Massachusetts.
📜 Interpreting the Fourth Amendment: Investigate how the Fourth Amendment grew out of early American experiences with English law and the American Revolution
📜 Creating the First Ten Amendments: Curious about the Bill of Rights and its origins? This episode has you covered.
📜 Making the United States Constitution: This powerful overview illuminates the political pressures, compromises, and ideals that shaped the U.S. Constitution.
🗣️ What Do You Think?
How do you think we should balance constitutional principles with diplomatic gestures like this one?
📩 Hit Reply to share your thoughts.
💬 Join the conversation in our Listener Community.
Have a good weekend,
Liz Covart
Host, Ben Franklin’s World
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PS:
How was your week?
There isn't much to report on my end. I've been working and packing for our move. Although I guess I do have a proud dog parent moment to share: Tim takes Clio to compete in an agility league at our local Zoom Room on Tuesday nights. (I primarily work with Orbit in obedience classes as he's still a puppy.) Clio loves the challenge of the agility course. She runs through tunnels, up an A-Frame, struts across the dog walk (and I do mean struts), and weaves in and out of a pole obstacle course like a skier. You can check her out in this commercial reel. She's the brown and white schnauzer who struts on the dog walk and jumps over things.
Clio usually competes against large dogs, so while not the fastest, she runs cleanly, avoiding faults and missed touch points. She's in her third 6-week competition league and on the verge of winning again. You see, Clio is undefeated in competition. She even has a big, blue first-place ribbon.
📝 End Notes
[1] Norman Eisen, Virginia Canter, and Richard W. Painter, "Guest Essay: A Plane From Qatar? C'mon, Man.," The New York Times, May 14, 2025, http://nytimes.com/2025/05/14/opinion/trump-plane-qatar-crypto.html, accessed May 15, 2025; Claudia Grisales and Deirdre Walsh, "Republicans voice concern over Trump's support for a new Air Force One from Qatar," National Public Radio, May 14, 2025, https://www.npr.org/2025/05/14/nx-s1-5398099/trump-qatar-air-force-one-republicans-congress, accessed, May 15, 2025; Mike Scarcella and Tom Hals, "Is Qatar's gift of a plane to President Trump allowed under US Law?" Reuters, May 15, 2025, https://www.reuters.com/world/us/is-qatars-gift-plane-president-trump-allowed-under-us-law-2025-05-15/, accessed May 15, 2025.
[2] Michael A. Foster and Kevin L. Hickey, "The Emoluments Clauses and the Presidency: Background and Recent Developments," Congressional Research Service, November 5, 2019, https://www.congress.gov/crs-product/R45992, accessed May 15, 2025; United States Constitutional Convention, 1787, June 6, 1787 Debate, The Quill Project, https://www.quillproject.net/m2/session/6294#675401; "Artl.S9.C8.3 Foreign Emoluments Clause Generally, Constitution Annotated, https://constitution.congress.gov/browse/essay/artI-S9-C8-3/ALDE_00013206/, accessed May 15, 2025
[3] Mike Scarcella and Tom Hals, "Is Qatar's gift of a plane to President Trump allowed under US Law?" Reuters, May 15, 2025, https://www.reuters.com/world/us/is-qatars-gift-plane-president-trump-allowed-under-us-law-2025-05-15/, accessed May 15, 2025.
📖 Further Reading
Mary Sarah Bilder, Madison's Hand: Revising the Constitutional Convention, (Cambridge, MA: Harvard University Press, 2017)
Woody Holton, Unruly Americans and the Origins of the Constitution, (Boston: Hill and Wang, 2007)
Michael Klarman, The Framers' Coup: The Making of the United States Constitution, (New York: Oxford University Press, 2016)
The Quill Project is A digital project that visualizes the negotiations and processes within the records of the Constitutional Convention of 1787. Oxford University.
