Eleanor Finch
The Latin phrase quid pro quo, meaning this for that, has become a common term in the federal legal lexicon, often used to describe corruption in politics. Although it has no force in federal law, it is often used to describe an unethical practice in politics, such as bribery, blackmail, or extortion. In the context of public corruption, the term refers to the exchange of goods or services of equal value between two parties. While quid pro quo agreements may be acceptable in politics as long as they do not involve bribery or any other misappropriation, they often carry negative connotations and may still be viewed unfavourably.
| Characteristics | Values |
|---|---|
| Origin | Latin |
| Meaning | "Something for something" |
| First Used | 1500s |
| Legal Context | No force in federal law |
| Politics | Used to describe an unethical practice |
| Business Context | A reciprocal exchange of goods or services |
| Bribery | Requires proof of a quid pro quo |
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What You'll Learn
Quid pro quo and federal law
While the concept of "quid pro quo" is not explicitly mentioned in the US Constitution, it has significant implications in federal law, particularly in the context of corruption and sexual harassment.
Quid Pro Quo in Federal Corruption Cases
In the legal context, "quid pro quo" refers to an exchange of services or favours between two parties, often implying corruption or bribery. The phrase literally translates to "something for something" from Latin, indicating a conditional exchange where each party's performance is dependent on the other's willingness to act.
In federal crimes involving corruption, quid pro quo often refers to bribery or extortion involving public officials. For example, a public official may demand or accept something of value, such as money, goods, or even sex, in exchange for using their official position to benefit the other party. This was the case in the conviction of former New York Assembly Speaker Sheldon Silver, who arranged for grants to be awarded to a cancer research clinic in exchange for referrals of legal claims to a law firm associated with him.
To prove bribery, which is a federal crime under 18 U.S.C. Section 201(b), there must be evidence of a specific, corrupt intent to give or receive something of value in exchange for an official act. The "quid" represents the thing of value, the "pro" signifies the exchange, and the "quo" represents the official act. Importantly, courts have interpreted "quid" broadly, recognising that monetary worth is not the sole measure of value. As such, tangibles, intangibles, and even campaign contributions can qualify as a "quid".
Quid Pro Quo in Sexual Harassment Claims
Quid pro quo sexual harassment is a form of workplace harassment that is illegal under Title VII of the Civil Rights Act of 1964. It occurs when a supervisor or person in power requests or implies a sexual favour in exchange for changes to an employee's terms of employment, such as hiring, firing, promotion, or compensation. For example, a supervisor might offer a promotion in return for a sexual act or favour. This type of harassment is distinct from a hostile work environment claim, which involves inappropriate behaviour that creates an offensive or intimidating work environment.
Federal employees who believe they have been targeted by quid pro quo sexual harassment can seek legal counsel and file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC). It is crucial to gather evidence, such as written documentation, emails, or text messages, that support the claim.
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Quid pro quo in politics
The Latin phrase "quid pro quo", meaning "this for that" or "something for something", has become a common term in the federal legal lexicon. It refers to a situation where two parties agree to exchange goods or services reciprocally, with one transfer contingent upon the other party's transfer. While quid pro quo is not explicitly mentioned in federal law, it has been associated with corruption and unethical practices in politics.
In politics, a quid pro quo agreement typically involves a "favour for a favour" exchange, which may be acceptable as long as it does not imply bribery, blackmail, extortion, or any other form of misappropriation. For example, in the context of campaign contributions, it would be quid pro quo if a payment was made with the explicit expectation that an official would perform or refrain from performing an official act in return. Such agreements can be controversial and may be perceived as shady or unethical, even if they do not violate any laws.
The interpretation of "quid" or "this" in a quid pro quo agreement is broad and can include not only monetary values but also tangibles and intangibles such as sex, shares in stock, or campaign contributions. Similarly, the "quo" or "that" in the agreement, referring to the official act, can vary depending on the context.
While the specific phrase "quid pro quo" may not be mentioned in the Constitution, the concept it represents, such as bribery, is a ground for impeachment. For instance, in the case of Trump and Zelensky, there were allegations of a quid pro quo arrangement where Trump offered to withhold aid from Ukraine in exchange for an investigation into the Democrats. This controversy led to discussions about the legal implications of quid pro quo agreements and whether they constitute impeachable offences.
In summary, quid pro quo in politics refers to reciprocal agreements between parties, often carrying negative connotations. While not always illegal, these agreements can involve bribery, blackmail, or other unethical practices. The determination of legality depends on the specific circumstances and the applicable laws and statutes.
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Quid pro quo in business
The Latin phrase "quid pro quo" translates to "something for something" in English. It refers to an exchange of goods or services of equal or comparable value. In business, a quid pro quo agreement typically involves the exchange of goods, services, or other benefits between two parties, with the understanding that the items traded are of comparable value.
Quid pro quo arrangements can have negative connotations in certain contexts, particularly when they are perceived as unethical or shady, even if they are legal. For example, in the context of investment banking, a quid pro quo agreement might involve an investment bank's research arm amending its rating of a public company's shares in exchange for underwriting business. Another example is a soft dollar agreement, where one firm uses another firm's research in exchange for executing all of the former firm's trades.
In labour law, quid pro quo refers to workers giving up their right to strike in exchange for their employer's promise to submit contract grievances to arbitration. Quid pro quo also often arises in the context of bribery and corruption, such as in the bribery of a public official.
In the United States, courts may question whether a quid pro quo exists if an exchange appears excessively one-sided. A contract may be deemed invalid or non-binding if it is found to be unfair or one-sided. In the United Kingdom, the Unfair Contract Terms Act 1977 and its revisions address one-sided contracts, rendering them or specific clauses void if they are deemed unfair.
Overall, while quid pro quo agreements are prevalent in business, they can have both positive and negative connotations, depending on the context and the nature of the exchange.
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Quid pro quo and bribery
The Latin phrase "quid pro quo", which means "this for that" or "something for something", has no force in federal law but has been the subject of much controversy in politics. In the context of bribery, quid pro quo refers to a situation where there is a mutual agreement between two parties to exchange goods or services reciprocally. The "quid" is the thing of value, the "pro" is the exchange, and the "quo" is the official act.
In politics, quid pro quo agreements may be acceptable as long as they do not involve bribery or any other misappropriation. Even if a quid pro quo arrangement is legal, it may still be perceived as unethical or shady. For example, in business, a quid pro quo agreement may involve a "favour for a favour" arrangement rather than a balanced exchange of equally valued goods or services.
In the United States, bribery is a ground for impeachment in the Constitution. Under federal law, bribery is defined as the “specific intent to give or receive something of value in exchange for an official act”. The determination of what constitutes a quid pro quo will depend on the specific bribery laws of a particular state.
The phrase "quid pro quo" has been used in relation to former President Trump and the Ukraine controversy, where there were allegations of bribery, extortion, and conspiracy against the United States. However, critics have argued that the focus should be on these potential crimes rather than the use of the phrase "quid pro quo".
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Quid pro quo and impeachment
The Latin phrase "quid pro quo" refers to an exchange of favours, which is often used to describe corruption in politics. While the phrase is not explicitly mentioned in the US Constitution, the concept of quid pro quo is central to the impeachment process, particularly in cases involving allegations of bribery or extortion.
In the context of impeachment, quid pro quo refers to an agreement or understanding between two parties, where one party offers or provides something of value in exchange for an official act or influence from the other party. This can include not only monetary bribes but also other forms of value such as gifts, favours, or political support. The key element of quid pro quo is the corrupt intent behind the exchange, where there is an expectation of a benefit or advantage in return for an official act.
One prominent example of quid pro quo in the impeachment context is the Trump-Ukraine scandal, which led to the first impeachment of former President Donald Trump. In this case, Trump was accused of withholding military aid to Ukraine in exchange for an investigation into his political opponent, Joe Biden, and his son. Trump and his supporters repeatedly denied any quid pro quo, arguing that there was no extortion or bribery involved in his interactions with Ukrainian officials.
During the impeachment hearings, the phrase "quid pro quo" was used extensively, with some commentators criticising its overuse and imprecise usage. The legal definition of quid pro quo, particularly in the context of bribery and corruption, is specific and limited to certain federal crimes. However, the concept of quid pro quo is broad and can be interpreted in various ways, making it a challenging and controversial aspect of impeachment proceedings.
The interpretation of quid pro quo and its legal implications are essential in determining whether an impeachable offence has occurred. While quid pro quo may not be explicitly mentioned in the Constitution, it represents a fundamental concept in understanding the nature of corruption and abuse of power, which are central to the impeachment process outlined in the Constitution.
In conclusion, while the phrase "quid pro quo" is not mentioned in the Constitution, the concept it represents is integral to understanding and evaluating impeachment proceedings, particularly in cases involving allegations of bribery, extortion, or abuse of power. The interpretation and application of quid pro quo continue to be a subject of debate and scrutiny in the political and legal spheres.
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Frequently asked questions
"Something for something" in Latin.
No, it is not mentioned in the US Constitution. However, bribery is a ground for impeachment in the Constitution.
Bribery requires proof of a quid pro quo — a specific, corrupt intent to give or receive something of value in exchange for an official act.
Quid has been interpreted broadly by courts, which have recognized that monetary worth is not the sole measure of value. Therefore, tangibles and intangibles can qualify as quid.
Examples of quid pro quo include bartering arrangements, gift-giving, and blackmail.
