Isabella Carter
Bribery is mentioned in the US Constitution as an impeachable offence. The US Department of Justice defines bribery as the act or practice of giving or taking rewards for corrupt practices; the act of paying or receiving a reward for a false judgment, or testimony, or for the performance of that which is known to be illegal, or unjust. Bribery laws are also covered by Public Law 87-849, which came into force on January 21, 1963, and grants the President the power to void any transaction related to a final conviction for bribery. The US has also been known to police bribery worldwide through the Foreign Corrupt Practices Act, though this has been called into question by President Trump.
| Characteristics | Values |
|---|---|
| The US Constitution mentions bribery as | an impeachable offence |
| Definition of bribery | The act or practice of giving or taking rewards for corrupt practices; the act of paying or receiving a reward for a false judgment, or testimony, or for the performance of that which is known to be illegal, or unjust. |
| Public Law | 87-849 |
| Date of enforcement | January 21, 1963 |
| Purpose | To strengthen the criminal laws relating to bribery, graft, and conflicts of interest |
| Applicable to | Bribery of public officials and witnesses |
| Offences | Giving or accepting anything of value to or by a public official, with the intent to influence an official act |
| Applicable law | 18 U.S. Code § 201 |
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What You'll Learn
Bribery defined
The US Constitution mentions "bribery" as an impeachable offence. At the time of the Founding, the term "bribery" referred to both the act of giving and taking a bribe. Bribery can be defined as the act or practice of giving or taking rewards for corrupt practices, such as paying or receiving compensation for a false judgment, testimony, or for the performance of something illegal or unjust.
In the context of US law, bribery is often associated with public officials and witnesses. Section 201 of Title 18 of the US Code, for instance, addresses the "Bribery of public officials and witnesses". It comprises two distinct offences: the first prohibits the giving or accepting of anything of value to or by a public official if it is done with the intent to influence an official act or if the official is "influenced". The second offence concerns "gratuities", prohibiting public officials from accepting anything of value "for or because of" an official act.
The US has also enforced anti-bribery laws internationally through the Foreign Corrupt Practices Act, which has been in place for nearly half a century. This law has been used to prosecute companies, such as Glencore, for paying cash bribes to foreign officials in exchange for contracts.
Additionally, Public Law 87-849, which came into force on January 21, 1963, aimed to strengthen criminal laws related to bribery, graft, and conflicts of interest. This law created a category of special Government employees and eased restrictions on individuals whose primary employment is outside the government, allowing the government to utilise their temporary or intermittent services more easily.
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Impeachable offences
The US Constitution mentions several specific crimes as impeachable offences, including bribery. The relevant section of the Constitution states that the President, Vice President, and all civil officers of the United States shall be removed from office on impeachment for, and conviction of, "treason, bribery, or other high crimes and misdemeanors".
The inclusion of bribery as an impeachable offence in the US Constitution is significant, as it helps to hold public officials accountable for their actions. Bribery is defined as the act or practice of giving or taking rewards for corrupt practices, such as paying or receiving a reward for a false judgment, testimony, or for the performance of something known to be illegal or unjust. It is important to note that bribery covers both the giving and receiving of bribes.
In the context of impeachable offences, "high crimes and misdemeanors" is a phrase with a long history, first appearing in the impeachment of the Earl of Suffolk in 1388. While the meaning of "high crimes and misdemeanors" is not explicitly defined in the Constitution, it is informed by the history of congressional impeachments. Impeachment has been used as a tool to address various offences, including those of a purely political nature, that are not easily definable by law.
Throughout history, impeachment has served as a mechanism to hold government officials accountable for abusing their power, conducting themselves inappropriately in their roles, or misusing their office for personal gain. For example, President Andrew Johnson was impeached in 1868 for violating the Tenure of Office Act, and Judge Harry E. Claiborne was impeached in 1986 for providing false information on federal income tax forms. These examples demonstrate how impeachment proceedings address a range of offences beyond just bribery.
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Public Law 87–849
The US Constitution mentions bribery as one of the impeachable offences. Bribery is defined as the act or practice of giving or taking rewards for corrupt practices, such as receiving a reward for a false judgment, testimony, or for the performance of an illegal or unjust act.
Public Law 87-849, which came into force on January 21, 1963, aimed to strengthen criminal laws related to bribery, graft, and conflicts of interest. This law was enacted to address the government's need for temporary or intermittent consultants and advisors, as most existing conflict-of-interest statutes were directed at regular government employees. The law created a category of "special government employees," exempting them from certain prohibitions.
Additionally, Public Law 87-849 enacted a new section, 18 U.S.C. 218, which grants the President and agency heads the power to void and rescind any transaction or matter related to a "final conviction" for violating conflict of interest or bribery laws. This section also allows the government to recover any amounts expended or things transferred on its behalf in relation to such violations.
In the context of bribery of public officials and witnesses, Section 201 of Title 18 prohibits the giving or accepting of anything of value to or by a public official if it is done with the intent to influence an official act or received in return for being influenced. This section also addresses "gratuities," prohibiting public officials from accepting anything of value "for or because of" any official act.
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Section 201 of Title 18
The US Constitution mentions "bribery" as an impeachable offence. The exact definition of the term "bribery" at the time the Constitution was drafted is unclear, but it is understood to cover both the giving and taking of bribes.
Public Law 87-849, which came into force on January 21, 1963, strengthened the criminal laws relating to bribery, graft, and conflicts of interest. The law created a category of "'special government employees', who are exempt from certain prohibitions imposed on ordinary employees. These special government employees are defined as officers and employees of government departments and agencies who are appointed or employed to serve for not more than 130 days during any period of 365 consecutive days, either on a full-time or intermittent basis.
The law also enacted new sections of Title 18, including sections 203, 205, 207, 208, and 209, which replaced previous sections of the criminal code relating to conflict of interest and bribery. Additionally, it repealed sections 190 and 18 U.S.C. 216 without replacement and supplanted five other criminal statutes. The new law grants the President and, under Presidential regulations, an agency head, the power to void and rescind any transaction or matter related to a "final conviction" for a violation of the conflict of interest or bribery laws.
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Voiding transactions
The US Constitution mentions "bribery" as one of the impeachable offences. Bribery is defined as the act or practice of giving or taking rewards for corrupt practices, such as receiving a reward for a false judgment, testimony, or for the performance of illegal or unjust acts.
Public Law 87-849, which came into force on January 21, 1963, aimed to strengthen criminal laws relating to bribery, graft, and conflicts of interest. This law created a new section, 18 U.S.C. 218, which grants the President and, under Presidential regulations, an agency head, the authority to void and rescind any transaction or matter related to a "final conviction" for violating conflict of interest or bribery laws. This power is in addition to any other legal remedies and allows the government to recover any penalties, amounts expended, or things transferred on its behalf.
The law also addresses the issue of temporary or intermittent consultants and advisers, who were not commonly used when the existing conflict-of-interest statutes were enacted in the 19th century. By creating a category of "special government employees," the law reduces the harsh impact of these statutes on individuals whose main work is performed outside the government.
Section 201 of Title 18, "Bribery of public officials and witnesses," outlines two distinct offences. The first prohibits the giving or accepting of anything of value to or by a public official if it is intended to influence an official act or is received as a result of being influenced. The second offence concerns gratuities and prohibits public officials from accepting anything of value "for or because of" any official act.
Understanding and addressing bribery, including the power to void transactions, is an important aspect of upholding ethical practices and maintaining the integrity of public office.
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Frequently asked questions
The US Constitution mentions "bribery" as one of the impeachable offences.
The term "bribery" in the US Constitution refers to the act of giving or taking rewards for corrupt practices, such as paying or receiving compensation for false judgments or illegal activities.
Yes, there are laws in place to address bribery and corruption in the US. For example, Public Law 87-849, which came into force on January 21, 1963, aimed to strengthen criminal laws related to bribery, graft, and conflicts of interest. Additionally, there are specific statutes, such as 18 U.S.C. 201, that address bribery of public officials and witnesses.
