Teachout on Corrupt Campaign Finance Practices

Zephyr Teachout writes: More than 200 years ago, we included in our Constitution a provision that forbids federal officers from accepting a gift of any kind whatever from foreign interests without first getting permission from Congress (Article I, Section 9, the so-called Emoluments Clause). We borrowed the provision from the Netherlands, where it was ridiculed for being overly fussy about corruption. But we put it in both our Constitution and in that document’s forerunner, the Articles of Confederation, as a defense against emulating the corrupt culture of Europe.

The unlikely source of the provision was a snuff box. A few years before the constitutional convention, the King of France gave Benjamin Franklin a diamond encrusted snuff box after his diplomatic tour. Franklin did not appear to offer anything in return, but the gift nonetheless led to concerns that Franklin might be quietly corrupted by French interests—perhaps even without his knowing it.

The Americans, rigidly rejecting European custom, believed that acceptance of a luxurious gift by someone in power was itself a threat. Perhaps Franklin would be more generous toward French commercial interests simply by the operation of normal human sympathies, which to tend to be more charitable toward those who give us gifts. The framers tried to put a check on those sympathies, or at least put a block in the relationship, by requiring that Congress approve any gifts to federal officials.

Ironically, at the constitutional convention, Franklin was among the most outspoken in favor of anti-corruption provisions. His own lifelong experience with governments around the world had made him wary of the many ways in which officials could be tempted. James Madison, Thomas Jefferson, George Mason, and Franklin weren’t wrong to be concerned about foreign powers attempting to use money to buy influence and favorable treatment.

According to The New York Times, Bill Clinton received a $500,000 personal payment from a Russian bank as payment for a speech in 2010. (In some cases, Bill Clinton directs his speaking fees to the Clinton Foundation, though there’s no evidence that happened in this case.) This payment happened around the same time that Hillary Clinton’s State Department was participating in the decision-making process on the legitimacy of Russian takeover of American uranium interests (the decision was made by an inter-agency body on which State was represented, but was chaired by Treasury). Many people have raised concerns that this fee, like Benjamin Franklin’s snuff box, might have swayed Bill Clinton’s—and Hillary’s—general thinking toward Russian interests at the time.

In effect, the troubling morality of Citizens United has become the official morality of Clinton’s defenders.  Over the past several years, Bill Clinton has been given millions of dollars for foreign and domestic speeches, with the greatest number of sponsors coming from the financial industry. At the same time, he solicited and received millions of dollars from foreign and domestic interests, including. Many of the donors and sponsors had interests that were affected by State Department policies, and all of the donors, past and current, have interests that would be affected by a Hillary Clinton presidency.

Hillary Clinton has not addressed the issue publicly, but some of her defenders have argued that without a smoking gun, or evidence of quid pro quo, there’s nothing to be concerned about.

As the framers knew, we don’t need that in order to be concerned.

Here is Teachout’s artcile on Anti-corruption in the US constitution.  Anti Corruption

Teachout recently ran for Governor of New York State.

Franklin