What does the emoluments clause in the Constitution mean?

The purpose of the Domestic Emoluments Clause is to preserve the President’s independence. Under the Clause, Congress may neither increase nor decrease the President’s compensation during his term, preventing the legislature from using its control over the President’s salary to exert influence over him.

Where is the emoluments clause in the Constitution?

Article I, Section 9, Clause 8: 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.

What is included in emoluments?

The “emoluments payable” includes only the basic pay and the allowances (special allowances, HRA, conveyance and telephone) which are paid every month. Some others such as LTA and medical allowance are usually not paid every month and so have not been included in the calculation.

What are the restrictions on being president?

According to Article II of the U.S. Constitution, the president must be a natural-born citizen of the United States, be at least 35 years old, and have been a resident of the United States for 14 years.

Does the emolument clause apply to the president?

Domestic Emoluments Clause To preserve presidential independence further, the Clause provides that, apart from this fixed salary, the President shall not receive “any other Emolument” from the United States or any state government.

How is emolument calculated?

Emoluments for fractional periods may be computed by multiplying the emoluments by the factor 14/30 and 16/30 irrespective of the number of days in the month. This formula will also apply in the case of the month of February, irrespective of whether the month has 28 days or 29 days.

Are emoluments taxable?

One area that habitually presents challenges in the taxation of employment income is the issue of the emoluments that are paid to worker as a result of employment. All these are considered gross income to the employee and where they are subject to tax, it is the obligation of the employer to account for tax.

Can Congress pass bills of attainder?

Definition: Bill of Attainder. Definition: A legislative act that singles out an individual or group for punishment without a trial. The Constitution of the United States, Article I, Section 9, paragraph 3 provides that: “No Bill of Attainder or ex post facto Law will be passed.”