McDonnell and the Criminalization of Politics

Abstract

The article begins with a discussion of the critique in order to put McDonnell in context. In particular, I examine what is new in the debate over how the federal government should handle possible corruption, and the extent to which McDonnell is part of that shift. Part I explores the critique in depth. Part II analyzes the Supreme Court’s decision in McDonnell and its background. As a unanimous decision, McDonnell may be of great significance in how the legal system treats the federal government’s role. Part III offers some speculation on the federal anticorruption enterprise going forward.