What recent history tells us about fighting corruption

Post No. 7: The Sunday Evening Post, Nov. 8, 2009

. . . people and governments never have learned anything from history,
Georg Wilhelm Friedrich Hegel. 1832.


There are reasons we never learn anything positive from history. One reason is that we and our leaders are addicted to “moving on” from corrupt or questionable behavior on the parts of our civil officers. This guarantees that neither we nor our other civil officers will learn anything positive from the miscreants corrupt behavior. Instead, we learn to be cynical about governmental corruption. Our leaders, for their part, learn that, even if they get caught usurping power or peddling influence, they have little to fear from either impeachment or the criminal courts. The only way we can begin learning positive lessons form history is to stop “moving on.” We must begin to hold our civil officers accountable for their unconstitutional and felonious behavior.

Some examples of “moving on”

Three recent examples of “moving on” should be instructive. First, when asked where he stood on impeaching George W. Bush and Dick Cheney, Mr. Obama said he favored “moving on..” Second, the South Carolina General Assembly has evidently decided to “move on” past Governor Sanford’s alleged illegal use of state aircraft. Jim Davenport, of the Associated Press, wrote on Oct.27 of this year that SC House Speaker Harrell “turned aside an impeachment resolution,” Third, University of Louisville President James Ramsey says it is time to “move on” with basketball coach Rick Pitino, who he described as “our guy.” The circumstances are different in each case. Bush and Cheney are former civil officers of the federal government who are alleged to have exceeded their constitutional powers. Governor Sanford of South Carolina is alleged to have violated a state law. Ramsey is a public official of the State of Kentucky who is, in my opinion, failing to perform his most important duty: that of setting an example of principled behavior for his students. There is, however, a common thread. In all three instances, the rich and powerful are getting a free pass.

A comment on impeaching Bush-Cheney

The free pass issued Bush and Cheney by the House is probably the lesser of two evils. Until the power to try impeachments is transferred to the judiciary, conviction and disqualification are virtually impossible. It is highly probable that either the House would fail to impeach the miscreants or the Senate would fail to convict. Either result would strengthen the executive branch, foster a disdain for the federal Constitution on the part of other civil officers, and lead us further down the slippery slope to tyranny. A wiser course of action would be for us to amend the impeachment provisions of our federal Constitution. Among other things, this amendment would transfer the power to try impeachments to the judiciary making it more likely that federal impeachment trials would render impartial justice.

A comment on impeaching Gov. Sanford

The South Carolina House may yet redeem itself. Impeachment, removal and disqualification of Governor Sanford would teach the people of SC that their government honors state law (Sec. 16-13-230 states that a “person who commits a breach of trust with a fraudulent intent is guilty of larceny). It would also teach other SC civil officers the wisdom of abiding by the law. This is unlikely, however, since Art. XV, Sec. 2 of the SC Constitution follows the federal Constitution in giving the power to try impeachments to the Senate. The South Carolina provisions are further weakened by failing to include the power to disqualify impeachment defendants from holding future state offices. Thus the SC law lacks what are arguably the most powerful sanctions available to deter impeachable behavior. It is also noteworthy that the South Carolina Constitution does not provide South Carolinians with the “constitutional road” for initiating amendments that Madison said (in Federalist No. 49) “should be marked out and kept open.” In South Carolina the General Assembly initiates all proposed amendments and all proposals for constitutional conventions. The people’s role is limited to voting on these matters once they have been placed on the ballot. In short, the SC Constitution contradicts itself. After stating in Article I, Sec. 1 that “All Political power is vested in and derived from the people only,” Article XVI, Sec. 1 limits the people to a palliative vote on amendments after their government has defined the issues to be voted on. The people’s road to amend the SC Constitution has been neither “marked” nor “kept open.”

A comment on the Ramsey case

The President of the University of Louisville is not included among the “constitutional state officers” listed in Sec. 91 of the Kentucky Constitution. He is neither impeachable nor indictable. Nevertheless, Mr. Ramsey is a prime example of Hamilton’s contention (in Federalist No. 61) that “there is a contagion in example.” Sports at the university level have become legally corrupt. Universities place the importance of winning games (and thereby increasing revenue) above the importance of setting their students examples of institutions that value integrity and education above sports success and money. The unlikely possibility that some sports revenue may be used for academic purposes is not material. Education in state-supported universities should not be dependent on their sponsorship of semi-professional sports teams for its funding. Ramsey has decided to “move on” from the responsibility for behaving in an exemplary manner that is placed upon him by his job. This places a responsibility to set matters straight squarely on the shoulders of the University Of Louisville Board Of Trustees.

Let’s begin with a 28th Amendment

Even if it were possible to bring the Bush-Cheney impeachment to a vote in the House, they would almost certainly be acquitted in the Senate and this would be counter-productive. Unless we live in South Carolina, there isn’t much you and I can do to get Gov. Sanford impeached. Further, even if he were impeached, he would no doubt be acquitted in a “political” trial held by the NC Senate. As for Ramsey, we can only hope that the Board of Trustees recognizes its accountability for the University of Louisville’s institutional ethics.

What, then, can you and I do about our country’s tendency to “move on” from unlawful and unethical behavior? The answer is that we can write or call our state representatives and senators in support of a 28th “anti-corruption” amendment to our federal Constitution. Art. V gives them the power of setting standards for our federal civil officers by means of a constitutional amendment. Reforming our federal government is a strategically sound way to attack the “contagion” of corruption to other levels of government and institutions of society. For a book-length treatment of power, corruption and society, see After Patrick Henry: a second American revolution.