The Anti-Corruption Principle

Abstract:     
There is a structural anti-corruption principle, akin to federalism or the separation-of-powers principle, embedded in the Constitution. A close look at the creation of the Constitution reveals that the framers' animating purpose, throughout the convention, was to limit temptations to use public offices for private ends. This purpose - like the other core animating purpose - should inform how judges "do" modern political process cases; they ought give it independent weight, and in so doing, provide more leeway for legislatures to enact legislation (campaign finance, revolving door legislation) intended to combat corrupting tendencies. The modern Supreme Courts' conception of corruption is fractured and a historical, and has led to an incoherent jurisprudence.

Keywords: corruption, gerrymandering, campaign finance, virtue, framers, founders, constitution

Accepted Paper Series