North Carolina Law Review

University of North Carolina School of Law

160 Ridge Road

Chapel Hill, NC 27514

UNCONSTITUTIONAL EMOLUMENTS: THE EMOLUMENTS CLAUSES OF THE NORTH CAROLINA CONSTITUTION

September 8, 2019

 

 Both the United States Constitution and the North Carolina Constitution include emoluments clauses, but neither constitution defines the meaning of emoluments. Suits in federal courts against President Donald Trump charging him with receiving prohibited emoluments have raised the question whether emoluments as used in the Federal Constitution are limited to payments for employment or office-holding. A review of North Carolina cases reveals that emoluments, as used in the state constitution, are not limited to compensation for public employment but may include benefits or privileges granted in consideration of public services more generally. 

 

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