Kara Sears
The U.S. Constitution's Emoluments Clause states that Congress may not increase or decrease the President's compensation during their term in office. The President is also barred from receiving any other emolument beyond a fixed salary from the U.S. or any of its states. This was decided on July 20, 1787, and approved by a 7-4 vote on September 15, 1787. While the President cannot legally refuse their salary, some Presidents, such as Herbert Hoover and John F. Kennedy, have chosen to forego their salary and donate it to charity.
| Characteristics | Values |
|---|---|
| Can the president refuse their salary? | Yes |
| Is there a law against it? | No |
| Can Congress increase or decrease the president's salary during their term? | No |
| Can the president receive any other emoluments from the federal or state governments? | No |
| Current annual salary of the president | $400,000 |
| Presidents who have refused their salary | Herbert Hoover, John F. Kennedy, Donald Trump |
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What You'll Learn
The US President's salary is fixed by law
The US President's salary is indeed fixed by law. Article II, Section 1, Clause 7 of the US Constitution states that Congress may not increase or decrease the President's compensation during their term in office. This clause, known as the Emoluments Clause, also bars the President from receiving any other emolument beyond their fixed salary from the US or any individual state.
The purpose of this clause is to preserve the President's independence from Congress and state governments. As Justice Joseph Story observed, "a control over a man's living is in most cases a control over his actions". The clause reinforces the separation of powers and prevents Congress from using its control over the President's salary to influence them.
The fixed salary provision for the President was agreed upon unanimously by the Constitutional Convention on July 20, 1787. On September 15, 1787, Benjamin Franklin and John Rutledge proposed barring the President from receiving any other emolument from the federal or state governments, which was approved by a 7-4 vote.
The annual salary of the US President is currently $400,000, with additional provisions for expenses such as entertainment and travel. While the President's salary is fixed by law, it is possible for a President to choose to forego their salary, as was the case with Herbert Hoover and John F. Kennedy.
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Congress cannot influence the President by controlling their salary
The U.S. Constitution's Emoluments Clause, specifically Article II, Section 1, Clause 7, ensures that Congress cannot influence the President by controlling their salary. This clause was unanimously agreed upon by the Constitutional Convention on July 20, 1787, and ratified on September 15, 1787, by a 7-4 vote.
The clause states that Congress may not increase or decrease the President's compensation during their term in office. It also bars the President from receiving any additional emoluments beyond a fixed salary from the federal or state governments. The Domestic Emoluments Clause, as it is known, reinforces the separation of powers and preserves the President's independence from Congress and state governments.
As Alexander Hamilton explained in Federalist No. 73, the Domestic Emoluments Clause was designed to prevent congressional influence on the President's integrity or fortitude through control of their salary. By fixing the President's salary for each term, Congress is prevented from "corrupting his integrity by appealing to his avarice" or "weakening his fortitude by operating on his necessities."
The implementation of the Emoluments Clause has resulted in a rare occurrence of Presidents choosing to forego their salary. Herbert Hoover, John F. Kennedy, and Donald Trump are notable examples of Presidents who have chosen to decline or donate their salary during their time in office.
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The President cannot receive additional compensation from the federal or state governments
The President of the United States cannot receive additional compensation from the federal or state governments. This is enshrined in Article II, Section 1, Clause 7 of the US Constitution, which states that the President may not receive "any other Emolument [beyond a fixed salary] from the United States, or any of them".
The "Emoluments Clause" was proposed by Benjamin Franklin and John Rutledge during the Constitutional Convention of 1787. It was approved by a 7-4 vote without noted debate. The aim of the clause was to preserve the President's independence from Congress and state governments, ensuring that the President's salary could not be used as a means of influence or corruption.
Alexander Hamilton commented on the Domestic Emoluments Clause, explaining that because the President's salary is fixed for each term, Congress cannot "weaken his fortitude by operating on his necessities, nor corrupt his integrity by appealing to his avarice". Similarly, James Wilson stated that the clause was designed to "secure the President from any dependence upon the legislature as to his salary".
While the President cannot legally receive additional compensation from the federal or state governments, it is not uncommon for Presidents to forego their salary. Herbert Hoover and John F. Kennedy, for example, did not accept a salary for their public service, instead choosing to donate it to charities or supplement the salaries of their staff.
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The President's salary was once proposed to be $0
The President's salary has been a topic of discussion and debate throughout US history. Early in the Constitutional Convention, Benjamin Franklin proposed that the President should not receive any compensation at all. This proposal was respectfully postponed, and the Convention unanimously agreed to a fixed salary provision for the President on July 20, 1787.
The Domestic Emoluments Clause, designed to secure the President's independence from Congress and state governments, prevents Congress from increasing or decreasing the President's compensation during their term in office. This clause ensures that Congress cannot influence the President through control of their salary.
While the President's salary has remained fixed, there have been proposals to increase it. In 2016, there were discussions about raising the President's salary, which at the time was $400,000 annually, excluding additional benefits and allowances. Some argued that the President's salary should be increased to match the salaries of chief executives in other nations and to signal the value placed on the American political system's chief executive.
Despite these proposals, the President's salary has seen few increases over the years, and it has lost ground compared to other high-earning positions. However, any changes to the President's salary cannot take effect during the current presidential term due to the provisions of Article II, Section 1, Clause 7 of the Constitution.
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Some Presidents have donated their salary to charity
According to Article II, Section 1, Clause 7 of the US Constitution, Congress may not increase or decrease the President's compensation during their term in office. This provision is intended to preserve the President's independence from Congress and state governments, preventing Congress from influencing the President through control over their salary.
Despite this, some Presidents have chosen to donate their salary to charity. Herbert Hoover, for example, refused compensation throughout his career as a public servant, including during his time as President. He kept his salary in a separate account and distributed it to causes he believed in, including charities. John F. Kennedy also gave his entire salary to charity, a practice that began well before he became President in 1961. Although the specific charities are not known, Kennedy did not hide the fact that he was donating his salary.
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Frequently asked questions
Yes, the president can refuse their salary. There is no law against it. In fact, Herbert Hoover, John F. Kennedy, and Donald Trump are some presidents who have refused their salary.
Yes, the president can donate their salary. John F. Kennedy donated his entire $100,000 salary to charity.
No, Congress cannot change the president's salary during their term in office. This is to preserve the president's independence from Congress and state governments.
The president's salary is $400,000 per year, plus provisions for expenses such as travel and entertainment.
