Passed by Congress May 1, 1810 – Ratified December 9, 1812.
“If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour, or shall without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the united States, and shall be incapable of holding any office of trust or profit under them, or either of them.”
(Considerable controversy surrounds this Amendment – The official position of the Federal Government is that it was never ratified – but – in the past few months there is more than ample evidence that shows the Amendment was properly ratified on December 9, 1812, and if not then, certainly no later than March 10, 1819.
There has been a lot of discussion over the years about the fact that this Amendment was established to prohibit members of the BAR Association from participating in government offices.
If that were the sole purpose for this Amendment it is wasted energy. Our Founding
Fathers were much more straight forward than that.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time: and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. – Article I, Section 6, Paragraph 2 – Constitution for the United States of America
This provision was established to maintain the clear dividing line that had been drawn between the three branches of the government. Violation of this provision create a direct conflict of interest because members of the BAR would be officers of the court in the Judiciary branch and members of the legislature in the Legislative branch.