With an eye on President Donald Trump accepting gifts from other nations, Fordham Law Professor Zephyr Teachout’s 2014 book about corruption and foreign influence on officials is resurfaced in this CAFE article.
In her book, Corruption in America: From Benjamin Franklin’s Snuff Box to Citizen’s United, Fordham Law professor Zephyr Teachout writes that the Foreign Emoluments Clause is actually slightly more lenient than the one that existed in the Article of Confederation, which included a ban on all foreign gifts whatsoever. The problem was that the norms of international relations and diplomacy included a practice of gift-giving, which made the total ban awkward, if not impractical. In drafting the Constitution, the Framers split the difference, making such gifts permissible, so long as they are approved by Congress. As Ambassador to Spain, John Jay was gifted a Spanish horse, which he initially refused but, after he disclosed the gift to Congress and received permission, kept. Similarly, Benjamin Franklin was famously gifted a snuff box encrusted with 408 diamonds by King Louis XVI. Teachout describes the concerns raised by the gift, especially to a Francophile like Franklin:
Franklin’s diamonds embodied a whole set of fears about patriotism in general, loyalty in a republic, and the particular, time-sensitive concerns about how extremely elaborate gifts might sway Franklin’s attitude towards his semi-permanent residence – Paris – and against his American home….It was a show of power. France loomed large and threatening in American life. The Franco-American relationship was halfway between troubled and passionate – the Americans deeply admired France and hoped for their continued alliance against the British, but at the same time feared that France aspired to slide into the colonial role from which they had violently ejected Britain.
Nevertheless, Franklin requested Congress’ permission to keep the snuff box, and it was granted.
Read “The Presidency is Open for Business, and the Constitution Can’t Fix It” on CAFE.
