A Rose by any other Name

Three times I've heard the same insinuation. Two of those times were heard yesterday (May 12th) on the same cable station but from two different shows. What I heard was that a representative from our Congress had switched his vote on the health care vote after being assured by the President that the immigration issue would be taken up this year.

The radio station I used to listen to (I'm currently boycotting them for a business decision the station made) has their broadcast tower located in Tijuana. Because of this, the station routinely broadcasts Mexican commercials. They even broadcast the Mexican national anthem at midnight and 5 a.m! Anyway, the station was broadcasting several public service announcements about the upcoming Mexican elections. One of those announcements warns of someone asking for a vote in exchange for a favor. The announcement proclaims someone doing this is guilty of corruption and engaging in illegal activity.

So, let me get this straight. If you promise one thing in exchange for another when related to voting in the government, this is called corruption? Now this is from Mexico. Does this apply in America?

Corrupt is defined by Merrian-Webster as characterized by improper or unusually unlawful conduct intended to secure a benefit for oneself or another (as by taking or giving a bribe). Another definition is capable of being bribed. So what does bribe mean? Bribe is a benefit given, promised, or offered in order to influence the judgment or conduct of person in a position of trust.

One of the necessary elements of bribery is intent. When someone offers a bribe that person commits the crime of bribery. When the person receiving the bribe accepts the bribe, then that person is also guilty of the crime of bribery. Since the offeror shows intent when offering a bribe, the crime is immediately committed by the offeror. Not until the offeree shows intent by accepting the bribe is that person guilty of bribery. (Cheeseman, 2007).

On March 12, Representative Luis Gutierrez (D-IL) released a statement declaring his decision to vote no on the pending healthcare initiative (Frumin, 2010). He even states he would find a yes vote very difficult if not impossible. Then on the day of the vote, he changed his vote to yes. Realize that originally, he was a yes-man on healthcare; but, he didn't like the fact that undocumented immigrants would not be covered under the plan even if they paid the premiums themselves. His argument was that even if they are undocumented, immigrants should be allowed to pay for their healthcare plan. At least, he wasn't advocating a total free ride for those who want to bypass the immigration process!

So let's recap. Rep. Gutierrez was for the healthcare plan. Then he was against the healthcare plan. Then at the last moment prior to the vote for healtcare, he was for the healthcare plan. Talk about a flip-flopper! Remember his words, "very difficult if not impossible" to vote yes on the healthcare plan as proposed. Nothing changed in the proposed healthcare plan from his impossible-to-vote yes response to his actual vote of yes. So what happened to change his mind?

In Rep. Gutierrez's own words: "Discussions with Obama ensure we can have
a victory for health care and for the immigrants of our nation." (Sweet, 2010). The insinuations I heard from the television was that Rep. Gutierrez changed his vote because he was assured that immigration would be the next priority for Obama's administration. Rep. Gutierrez changed his vote from an almost impossible yes after assurances that his issue would be tackled by the President.

These types of back room deals I believe have been occurring for the history of our country. In the movie Milk, tension between Dan White and Harvey Milk develops when Harvey and Dan agree to vote for each other's campaign issues but after the vote for Harvey's concern, Harvey changes his mind and votes against Dan's concern. (Milk is another fantastic movie that is highly recommended.)

You vote for my issue and I'll vote for your issue. Is there a difference in that statement and you vote for my issue and I'll give you money or something else in return? What about, if you vote for my bill, I'll push for your issue before Congress? I think not. Back to the definition of a bribe - something offerred to influence the judgment of someone else in trust. If you are giving or accepting bribes, then you are also corrupt.

Some may argue that in today's politics, in order to accomplish tasks (i.e. get things done), these back room deals must be made. I disagree. You are either for a bill or you are against a bill. Your vote should depend on your view of the bill not upon what you can get for your vote. The bill either passes or fails based upon its viewed merits of those voting for it. A bill's vote should not be determined by a vote on another bill. A vote for a vote is nothing more than a form of corruption.

A rose by any other name smells as sweet. The healthcare plan approval process does have a smell to it.....

Mike

For the record, before anyone else chimes in on the merits of this post, the U.S. Constitution was almost not ratified by several states because it did not contain a bill of rights. After assurances that the topic would be taken up by Congress, those states then ratified the Constitution. This comes close to vote for this and we'll do what you ask; however, there is a big difference. The states did not want to vote for the bill because of something it did not contain. They were assured but not guaranteed their concerns would be addressed about the merits of the bill as proposed. The fate of the United States depended upon their vote on the Constitution so the states ratified the Constitution and sent back to the Congress their ratification notice with requests for amendment. While murky, this episode is not corruption or bribery. I'm sure there are other examples in our Country's history that aren't so murky. And I'm sure there is more to the Obama-Gutierrez conversation than has been reported. I utilized what is available to make a point.

References:

Cheeseman, H.R. (2007). Business law: Legal environment, online commerce, business ethics, and international issues (6th ed.). NJ: Pearson Prentice Hall.

Merriam-Webster's dictionary of law. (1996). MA: Merriam-Webster.

New standard encyclopedia dictionary. (1984). IL: Standard educational corporation.

Frumin, B. (2010, Mar 12). Dem Rep. Gutierrez Confirms Plans To Vote 'No' On Senate Health Care Bill. Talkingpointsmemo.com. Retrieved 12 May 2010 from http://tpmlivewire.talkingpointsmemo.com/2010/03/dem-rep-gutierrez-confirms-plans-to-vote-no-on-senate-health-care-bill.php

Sweet, L. (2010, Mar 18). Luis Gutierrez a yes on Obama health care bill. Updated. Chicago Sun Times. Retrieved 12 May 2010 from http://blogs.suntimes.com/sweet/2010/03/luis_gutierrez_will_be_a_yes_o.html

The Bill of Rights. Retrieved 13 May 2010 from http://www.archives.gov/exhibits/charters/bill_of_rights.html

United States Bill of Rights. Retrieved 13 May 2010 from http://en.wikipedia.org/wiki/United_States_Bill_of_Rights