Redefining a bribe.
As discussed previously,
our first step for getting the corrupting influence of Big $$$ out of politics is
to strictly limit campaign contributions. We called this the “front door.” Redefining
the meaning of a bribe addresses the
more subtle “back doors” – i.e. there
are many way of channeling perquisites to public officials other than those
allowed by Citizens United – private boxes at sporting or cultural events, Super
PACs, all-expense paid “political” junkets and a myriad of other ways most of
us can hardly imagine. Let’s call a spade a spade -- this is bribery. Bribes have no place in our
political system. It’s time to end the practice forever. To achieve this end requires serious limitations and penalties for those who ignore them.
Under current legislation, it is necessary [but almost impossible] to prove that money or other
inducements were given to obtain a particular result. This is called quid pro quo [this for that]. Unless proof
can be substantiated in accordance with the demanding rules of evidence,
conviction for the crime of bribery is impossible. There may be no doubt in
anyone’s mind that results have been acquired, but bribery charges are rarely
prosecuted, let alone yield convictions? Back door bribes must be removed from
politics altogether if our democracy is to work for the voters as intended in
our Constitution – no leaks in that levy at all. Here is how we propose to frame the
legislation:
A Law: Renewing Our Representative Democracy –
Getting Bribery out of Politics
Government service can and should require the highest moral standards of those who pursue those offices. The rewards of that service should be limited to the salary and benefits associated with that office and should be no greater than the citizens whom they serve. Every effort should be taken to discourage those who are solely motivated by power and economic rewards.
Therefore, other than legally defined campaign contributions of $200 or less, anything of material value offered or given to, or received and accepted by any candidate, incumbent or governmental employee under any circumstance shall be defined as a bribe, and shall be prima fascia evidence of the crime of bribery. It is the offering, giving or receiving of anything of material value itself that is illegal. That is, it is not necessary to prove that the bribe was intended to bias the outcome of a public decision or to gain general favor for one’s particular interest.
Therefore, other than legally defined campaign contributions of $200 or less, anything of material value offered or given to, or received and accepted by any candidate, incumbent or governmental employee under any circumstance shall be defined as a bribe, and shall be prima fascia evidence of the crime of bribery. It is the offering, giving or receiving of anything of material value itself that is illegal. That is, it is not necessary to prove that the bribe was intended to bias the outcome of a public decision or to gain general favor for one’s particular interest.
Bribes as herein defined legally
require mandatory
1] guilty verdict of the crime
of bribery against all parties involved
2] automatic and mandatory sentence
of not less than 10 years imprisonment in the general prison populations,
3] a minimum fine of [$ a very
large number] or equal to the maximum potential value of the benefit which may
have been received by each party involved as the result of the bribe whichever
is greater.
4] a candidate’s campaign for office is subject to immediate ballot
disqualification. Should the candidate
be successfully elected but the evidence of bribery which took place prior to the election was not found until after the election, they shall be removed from office based on
disqualification due to a crime prior to the election which would have resulted
in their disqualification as a candidate. Since the crime and results took
place before the election, this enforcement precedes and therefore makes the constitutionally
defined impeachment process unnecessary.
5] Since federal and state constitutions define the process necessary for
removal from many offices, if the offending act of bribery takes place after they
are in office, impeachment must be in accordance with those guidelines.
However, the guilty verdict for bribery and the related mandatory imprisonment and fines still automatically apply.
6] any governmental employee is subject to immediate termination with loss of all benefits and is prohibited from
becoming an elected official or employee of any level of government or be
emlployed by an organization or business doing business with any level of
government for the rest of their life.
7] The penalty for any organization or corporation found guilty of bribery shall
include a prohibition of that corporation and the officers of that corporation
from ever again receiving any business or contract from any level of government
or through a relationship with any service provider or series of providers.
With this law enacted, we
will have entirely removed the old levy of Big $$$ substantially owning our
government and effectively blocking citizen input into the public decision
process. In its place we have built the solid foundation for a new levy with
the voters on the inside protected from big business interests on the outside
as it should be.
It’s now time to build
the superstructure of levy itself to protect the public interest. Having
removed Big $$$ as the main source of financing political campaigns, the
question arises as how to accomplish elections while insuring that personal
free speech and one person one vote principles remain the only meaningful basis
for conducting them. Suggestions for this content will be presented in our next
installments including a free national election website and public financing of
elections.
If you still agree that we must defeat the corrupting influence
of Big $$$ in politics, please begin now to spread the word in every way you
can and to actively insist all your candidates pledge to support our proposed
legislation if they are to receive your support.
Thank you.
Richard S. Galloway
p.s. If
you want to read or share our complete introductory series and other blog posts
about this and other issues, see our Annotated Table of Contents below. Or if you have questions or comments,
email us.
Annotated Table of Contents
http://petitions.moveon.org/sign/sign-the-pledge-big-out?source=c.em&r_by=14960502
Insist candidates vote for a single act of Congress
stating: “There is no relationship between speech and money stated or implied
in the US Constitution and therefore no such relationship exists” as the basis
of further reforms to limit the abuses of Big Money interests.
Best summary of the proposed “Recover our Democracy Act;”
its Constitutional basis; removing purported legal objections, public financing
of elections, limits on campaign contributions, public funding of federal
elections, preprogrammed campaign website, redefining a bribe and much more
Cut and paste text to share by electronic media to spread
the word on our plan
Our appointment being ignored while lobbyists immediately enter
our Congressman’s office
Being on the outside: Explaining the meaning of our logo…the
corrupting influence of Big Money
Political contributions, Citizens United Supreme Court
Decision, “We don’t
have free speech. We can’t afford it,” our
solution is an act of Congress,
“Backdoor money in politics, quid pro quo, “anything of material value
offered or given to, or received and accepted by any candidate, incumbent or
governmental employee under any circumstance shall be defined as a bribe,” penalties defined for candidates and government
employees.
Our early commentaries: Free speech is fundamental to
democracy, different views, uses and limitations of free speech, public
financing of elections, fair and balanced media coverage
Original free speech: freedom to speak our mind, power
to “buy” both the “content” and the “delivery” of “free” speech, "personhood" of corporations,
Supreme Court and Citizens United,
ownership of the media, points of view, political advertising, educational content,
bought speech,…
Trickle down economics, tax reductions, income disparity,
deregulation, power by changing belief systems, abuses, distortions and lies, is
it regulation or just bad regulation?, affording governmental programs and high
taxes, millennia of struggle by the rich to retain control vs. democracy,
85% of Democrats, 81% of Independents, and 76% of Republicans opposed
Citizens United
Humans speaking their mind
without fear, means of extending the reach of speech [meida], bought speech,
literally “free” speech decoupled from money, power of the media, corporate personhood,
limitations of free speech, campaigns and political speech, alternative communications
for elections: public financing, freedom of the Internet….
Figures on campaign
contributions given by largest lobbying corporations [6+ years old = pre Supepr
PACs]
One of our earliest posts:We don't have free speech
that has meaningful access to our own representatives. Our logo, our slogan, our chants, young adults, spreading
the word on the Internet, Obama’s election, making videos,
Largely unedited, free associated ideas on framing the legislation
Free public website designed
and formatted to conduct campaigns for office and public issues , FEC provided
bank account, and credit cards , campaign accounting system and
regulations, partial design specifications, real time public review access…
…the most logical
public space to allow the free flow of information on issues of public interest
“understanding the
power of corporations as a means of amassing power and money, the founding
fathers originally rejected the existence of corporations,” corporations
are not mentioned in the Constitution and have no protected rights; therefore,
Congress may limit or abolish corporations as deemed necessary for the public
good. Growth of corporate power, personhood of corporations and personal rights
attributed to corporations , theory of 14th amendment [due process]
applies to corporations,
No comments:
Post a Comment