Applicability of the Emoluments Clause to Non-Government Members of ACUS: Memorandum for Gary J. Edles, General Counsel, Administrative Conference of the United States   [open pdf - 47KB]

"This memorandum responds to your request of July 30, 1993, which sought clarification of a portion of our April 29, 1991, letter to the Deputy Counsel to the President. Specifically, you raise two questions concerning the advice we gave on that occasion concerning the scope and application of the Emoluments Clause, U.S. Const., art. I, § 9, cl. 8. After noting that a significant number of the 101 members of the Administrative Conference (the Conference or ACUS) are lawyers in private practice, professors of law, or other experts in administrative law, you ask whether the Emoluments Clause prevents service on the Conference by private individuals who receive a partnership distribution from his or her firm that may include income received by the firm from a foreign government solely because of the pooling of partnership revenues. Further, you ask whether the Clause prevents service on the Conference by a private individual who receives payment from government-owned or controlled instrumentalities that do not engage in traditional functions -- including, but not limited to, foreign public universities."

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