Conflict Of Interest Laws: Limiting Presidential Power?

Conflict of interest laws do not currently apply to the President or Vice President of the United States. This has led to accusations of bias and bribery, and fears that foreign policy could be influenced by self-interest. There are calls for Congress to amend the federal conflict of interest statute to cover the president and vice president, and to close the presidential loophole.

Conflict of interest laws do not extend to the President or Vice President

There is a strong constitutional case that Congress has the power to amend the federal conflict of interest statute to cover the President and Vice President. This would bring the US in line with peer democracies, where laws cover governors, presidents, and prime ministers. While the President and Vice President should not necessarily be subject to the exact same conflict rules as other officials, neither should they continue to receive a free pass from generally-applicable ethical standards.

Presidents have understood the danger personal financial interests can pose. For example, President Lyndon B. Johnson was accused of using his political influence to garner profits for his wife's broadcasting company. He recognised that conflicts of interest laws needed to extend to executive employees and set forth "standards of ethical conduct" for them. However, his efforts failed to extend the applicability of those requirements to the President and Vice President.

The President can't have a conflict of interest

While the president and vice president are exempt from federal conflict of interest laws, there is a strong constitutional case for Congress to amend the federal conflict of interest statute to cover the president and vice president. This would bring the US in line with other peer democracies, where laws cover governors, presidents, and prime ministers.

Presidents have understood the danger personal financial interests can pose. For example, President Lyndon B. Johnson was accused of using his political influence to garner profits for his wife’s broadcasting company.

The 2016 election brought about unprecedented conflicts. President Donald Trump was the first president in decades to refuse to remove notions of financial conflicts of interest. Trump’s acquisitions abroad have led to accusations of bias and bribery along with the fear that US foreign policy will be influenced by his self-interest.

The President is exempt from the federal conflict of interest statute

The 2016 presidential election brought about unprecedented conflicts. President Donald Trump was the first President in decades to refuse to remove notions of financial conflicts of interest. Trump's acquisitions abroad have led to accusations of bias and bribery, along with the fear that US foreign policy will be influenced by his self-interest.

Trump has asserted that conflict of interest laws do not apply to him. However, attorneys say that while the President and Vice President are exempt from the federal conflict of interest statute, the country's founders drew a bright line at accepting foreign gifts. This ban is captured in the emoluments clause, which could pose a problem for Trump because he does business all over the world.

Congress is concerned about conflicts of interest and has attempted to extend conflict of interest laws to the President and Vice President. President Lyndon B. Johnson recognised that conflicts of interest laws needed to extend to executive employees and set forth "standards of ethical conduct" for them. However, these efforts failed to extend the applicability of those requirements to the President and Vice President.

The emoluments clause bans the President from accepting foreign gifts

Conflict of interest laws do not currently apply to the President or Vice President. However, the President is banned from accepting foreign gifts under the Emoluments Clause of the Constitution. This could pose a problem for a President with business interests abroad, such as Donald Trump, who was accused of bias and bribery.

The Emoluments Clause is an antique-sounding part of the Constitution. It states that the President cannot accept foreign gifts. This is to prevent foreign influence on the President's decision-making and to uphold ethical standards.

While the President is exempt from federal conflict of interest laws, the Emoluments Clause acts as a safeguard against potential conflicts of interest. It draws a bright line at accepting foreign gifts, ensuring that the President's actions are not influenced by personal financial interests.

Some argue that conflict of interest laws should be extended to the President and Vice President. This would bring the US in line with peer democracies, where similar laws cover governors, presidents, and prime ministers. While the President's powers are a consideration, it is argued that ethical standards should not be compromised.

By banning the President from accepting foreign gifts, the Emoluments Clause helps to maintain the integrity of the office and prevent potential conflicts of interest that could impact US foreign policy.

The President's financial interests can pose a danger

Donald Trump was the first President in decades to refuse to remove notions of financial conflicts of interest. Trump's acquisitions abroad have led to accusations of bias and bribery, along with the fear that US foreign policy will be influenced by his self-interest.

Conflict of interest laws need to extend to the President and Vice President. While the President and Vice President should not necessarily be subject to the exact same conflict rules as other officials, neither should they continue to receive a free pass from generally-applicable ethical standards.

Frequently asked questions