Government,
Constitutional Law
Nov. 27, 2019
On ‘bribery’
The Founders understood bribery as dealing with the abuse of official power to secure a personal benefit. Because no federal criminal law existed in 1787, the English common law and the state criminal law at the time provided the general framework for their understanding of bribery.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
The Constitutional Convention of 1787 focused on how the country would be structured and governed. The unchecked actions of King George III, which led to the Revolutionary War (1775-1783), were well known to the Founders as they debated the structure of the constitution. Among other matters, the Founders were concerned with the potential emergence of an imperial presidency and corrupting foreign influence. James Madison warned that a sitting president "might pervert h...
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