Corruption in America: From Benjamin Franklin's Snuff Box to Citizen's United

When Louis XVI presented Benjamin Franklin with a snuff box encrusted with diamonds and inset with the King’s portrait, the gift troubled Americans: it threatened to “corrupt” Franklin by clouding his judgment or altering his attitude toward the French in subtle psychological ways. This broad understanding of political corruption—rooted in ideals of civic virtue—was a driving force at the Constitutional Convention. For two centuries the framers’ ideas about corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. Should a law that was passed by a state legislature be overturned because half of its members were bribed? What kinds of lobbying activity were corrupt, and what kinds were legal? When does an implicit promise count as bribery? In the 1970s the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than __Citizens United__. In 2010, one of the most consequential Court decisions in American political history gave wealthy corporations the right to spend unlimited money to influence elections. Justice Anthony Kennedy's majority opinion treated corruption as nothing more than explicit bribery, a narrow conception later echoed by Chief Justice Roberts in deciding __McCutcheon v. FEC__ in 2014. With unlimited spending transforming American politics for the worse, warns Zephyr Teachout, __Citizens United__ and __McCutcheon__ were not just bad law but bad history. If the American experiment in self-government is to have a future, then we must revive the traditional meaning of corruption and embrace an old ideal. "When Louis XVI presented Benjamin Franklin with a snuff box encrusted with diamonds and inset with the King's portrait, the gift troubled Americans: it threatened to "corrupt" Franklin by clouding his judgment or altering his attitude toward the French in subtle psychological ways. This broad understanding of political corruption--rooted in ideals of civic virtue--was a driving force at the Constitutional Convention. For two centuries the framers' ideas about corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. Should a law that was passed by a state legislature be overturned because half of its members were bribed? What kinds of lobbying activity were corrupt, and what kinds were legal? When does an implicit promise count as bribery? In the 1970s the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United. In 2010, one of the most consequential Court decisions in American political history gave wealthy corporations the right to spend unlimited money to influence elections. Justice Anthony Kennedy's majority opinion treated corruption as nothing more than explicit bribery, a narrow conception later echoed by Chief Justice Roberts in deciding McCutcheon v. FEC in 2014. With unlimited spending transforming American politics for the worse, warns Zephyr Teachout, Citizens United and McCutcheon were not just bad law but bad history. If the American experiment in self-government is to have a future, then we must revive the traditional meaning of corruption and embrace an old ideal."--Publisher's description In 1785, Louis Xvi Presented Benjamin Franklin With A Snuff Box Encrusted With Diamonds And Inset With The King's Portrait. Americans Believed It Threatened To Corrupt Franklin By Altering His Attitude Toward The French In Subtle Psychological Ways. In 2010, One Of The Most Consequential Court Decisions In American Political History Gave Wealthy Corporations The Right To Spend Unlimited Money To Influence Elections. With Unlimited Spending Transforming American Politics For The Worse, Warns Teachout, If The American Experiment In Self-government Is To Have A Future, Then We Must Revive The Traditional Meaning Of Corruption And Embrace An Old Ideal. Four Snuff Boxes And A Horse -- Changing The Frame -- Removing Temptations -- Yazoo -- Is Bribery Without A Remedy? -- Railroads Ties -- The Forgotten Art Of Lobbying -- The Gilded Age -- Two Kinds Of Sticks -- The Jury Decides -- Operation Gemstone -- A West Virginia State Of Mind -- Citizens United -- The New Snuff Boxes -- Facts In Exile, Complacency, And Disdain -- The Anticorruption Principle -- Appendix 1. Anticorruption Constitutional Provisions -- Appendix 2. Major Nineteenth- And Twentieth-century Anticorruption Laws. Zephyr Teachout. Includes Bibliographical References (pages 357-358) And Index. Contents 8 Introduction 10 Chapter 1. Four Snuff Boxes and a Horse 26 Chapter 2. Changing the Frame 41 Chapter 3. Removing Temptations 65 Chapter 4. Yazoo 90 Chapter 5. Is Bribery without a Remedy? 111 Chapter 6. Railroad Ties 134 Chapter 7. The Forgotten Law of Lobbying 153 Chapter 8. The Gilded Age 183 Chapter 9. Two Kinds of Sticks 192 Chapter 10. The Jury Decides 204 Chapter 11. Operation Gemstone 214 Chapter 12. A West Virginia State of Mind 224 Chapter 13. Citizens United 236 Chapter 14. The New Snuff Boxes 255 Chapter 15. Facts in Exile, Complacency, and Disdain 267 Chapter 16. The Anticorruption Principle 285 Conclusion 300 Appendix 1: Anticorruption Constitutional Provisions 316 Appendix 2: Major Nineteenth- and Twentieth-Century Anticorruption Laws 320 Notes 322 Cases Cited 360 Further Reading 366 Acknowledgments 368 Index 370 Four snuff boxes and a horse Intellectual influences on the framing conceptions Removing temptations An architecture of obstacles Corrupt kings, corrupt judges, and the critics Yazooism Is bribery without a remedy? The railroads, corruption, and judicial review Corrupt lobbying Treats, spoils, and the ballot with the flaming pink border Teddy Roosevelt's vision and the courts The jury decides Operation Gemstone Corrupt campaign contributions Citizens United The new snuff boxes Abstraction, innocence, dissonance, complacency, and contempt The revival of the American corruption principle Possibilities for current reform Conclusion Appendix 1: Anti-corruption constitutional provisions Appendix 2: Major twentieth-century anti-corruption law. When Louis XVI gave Ben Franklin a diamond-encrusted snuffbox, the gift troubled Americans: it threatened to corrupt him by clouding his judgment. By contrast, in 2010 the Supreme Court gave corporations the right to spend unlimited money to influence elections. Zephyr Teachout shows that Citizens United was both bad law and bad history.