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No Corruption BS Amendments [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2025-03-31
“Drain the swamp” was one of Trump’s most popular slogans in his first year. He used his understanding of how money influenced politicians to trash his primary appointments. It didn’t matter that he wasn’t likely to stop or even care about corruption because it spoke to the feelings held by so many Americans whether right, left, and especially to the disengaged and cynical.
We rely on our justice system to protect us from criminal activity, but the Supreme Court has defined bribery so narrowly (Snyder vs United States, 2024 & McConnell vs United States, 2016) that unless you receive gold bars as payment it is incredibly difficult to prosecute anyone. The Supreme Court granted further license to the President in Trump vs United States.
The Supreme Court also severely limited how Congress could legislate campaign contributions in Citizens United and thus corporations and billionaires flood our political system with money. According to Open Secrets, 2502 superpacs spent over $2.6 trillion during the 2024 cycle.
Given the constraints of the Supreme Court, promising to attack corruption and end the influence of money in politics is phony without making the case for new amendments. Luckily Elon Musk is demonstrating the danger of unchecked money in ways that have Republican voters pissed off. There may never be a better time for reform.
No Corruption BS Amendments
1) No individual, group, organization, or corporation has the right to unlimited spending on political campaigns, advocacy, or lobbying. Congress may impose limitations to campaign contributions & spending, advocacy contributions & spending, and lobbying. States may impose limitations on campaign contributions & spending for state and local campaigns or advocacy efforts within their states.
2) Members of the federal executive, legislative, and judicial branches and the public can be held criminal liability for exchanging political favors for bribes. Political favors include, but are not limited to influence over enforcement, policy interpretation, judicial & prosecutorial decisions, and legislation. Bribes include specific quid pro quo transactions, but monetary or in-kind gifts and payments before or after the political favor is granted can also be construed as a bribe.
3) The President of the United States is not immune to criminal prosecution for illegal activity regardless of whether than activity can be construed as a official activity of the Presidency. The statute of limitations on prosecution does not begin while a President remains in office.
I’m not a lawyer. I tried to write these potential amendments in a way that would be clear to the lay reader as I believe any amendment should be and also to address the specific ways that money has corrupted our political system and protected the bad actors in our economic system.
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