When Louis XVI presented Benjamin Franklin with a snuff box encrusted with diamonds and inset with the King’s portrait, the gift troubled Americans: it threatened to “corrupt” Franklin by clouding his judgment or altering his attitude toward the French in subtle psychological ways. This broad understanding of political corruption—rooted in ideals of civic virtue—was a driving force at the Constitutional Convention.
For two centuries the framers’ ideas about corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. Should a law that was passed by a state legislature be overturned because half of its members were bribed? What kinds of lobbying activity were corrupt, and what kinds were legal? When does an implicit promise count as bribery? In the 1970s the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United.
In 2010, one of the most consequential Court decisions in American political history gave wealthy corporations the right to spend unlimited money to influence elections. Justice Anthony Kennedy's majority opinion treated corruption as nothing more than explicit bribery, a narrow conception later echoed by Chief Justice Roberts in deciding McCutcheon v. FEC in 2014. With unlimited spending transforming American politics for the worse, warns Zephyr Teachout, Citizens United and McCutcheon were not just bad law but bad history. If the American experiment in self-government is to have a future, then we must revive the traditional meaning of corruption and embrace an old ideal.
Houston was a terrible place to divorce or seek child custody in the 1980s and early 1990s. Family court judges routinely rendered verdicts that damaged the interests of women and children. In some especially shocking cases, they even granted custody to fathers who had been accused of molesting their own children. Yet despite persistent allegations of cronyism, incompetence, sexism, racism, bribery, and fraud, the judges wielded such political power and influence that removing them seemed all but impossible. The family court system was clearly broken, but there appeared to be no way to fix it.
This book recounts the inspiring and courageous story of women activists who came together to oppose Houston's family court judges and whose political action committee, CourtWatch, played a crucial role in defeating five of the judges in the 1994 judicial election. Carole Bell Ford draws on extensive interviews with Florence Kusnetz, the attorney who led the reform effort, and other CourtWatch veterans, as well as news accounts, to provide a full history of the formation, struggles, and successes of a women's grassroots organization that overcame powerful political interests to improve Houston's family courts. More than just a local story, however, this history of CourtWatch provides a model that can be used by activists in other communities in which legal and social institutions have gone astray. It also honors the heroism of Florence Kusnetz, whose commitment to the Jewish concept of tikkun olam ("repairing and improving the world") brought her out of a comfortable retirement to fight for justice for women and children.
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