'To Promote the General Welfare' - Addressing Political Corruption in America
Owen, Bruce M., “To Promote the General Welfare”: Addressing Political Corruption in America, British Journal of American Legal Studies 5(1) April 2016, DOI: 10.1515/bjals-2016-0001
55 Pages Posted: 3 Jul 2015 Last revised: 8 Jun 2016
Date Written: September 24, 2015
Systemic (but lawful) political corruption reduces well-being and equity in America. Madisonian democracy is no longer capable of containing such corruption. Proposals currently on the table to stem corruption are unlikely to be effective without undermining foundational rights. This essay describes a new approach — regulating the output of corrupted legislative and administrative processes, rather than the inputs. Providing for substantive ex post review of direct and delegated legislation would be far more protective of the “general welfare” of the People than other reforms, while no more or less difficult to implement.
Keywords: Madisonian democracy, political economy, separation of powers, public choice, constitutional economics, constitutional law, political corruption
JEL Classification: D73, D82, H1, H83, K1, K42
Suggested Citation: Suggested Citation