Cite as: 504 U. S. 255 (1992)
Thomas, J., dissenting
Court's historical foray has the single-minded purpose of proving that common-law extortion did not include an element of "inducement"; in its haste to reach that conclusion, the Court fails to consider the elements that common-law extortion did include. Even if the Court were correct that an official could commit extortion at common law simply by receiving (but not "inducing") an unlawful payment, it does not follow either historically or logically that an official automatically committed extortion whenever he received such a payment.
The Court, therefore, errs in asserting that common-law extortion is the "rough equivalent of what we would now describe as 'taking a bribe.' " Ante, at 260. Regardless of whether extortion contains an "inducement" requirement, bribery and extortion are different crimes. An official who solicits or takes a bribe does not do so "under color of office"; i. e., under any pretense of official entitlement. "The distinction between bribery and extortion seems to be that the former offense consists in offering a present or receiving one, the latter in demanding a fee or present by color of office." State v. Pritchard, 107 N. C. 921, 929, 12 S. E. 50, 52 (1890) (emphasis added). Where extortion is at issue, the public official is the sole wrongdoer; because he acts "under color of office," the law regards the payor as an innocent victim and not an accomplice. See, e. g., 1 W. Burdick, Law of Crime §§ 273-275, pp. 392-396 (1946). With bribery, in contrast, the payor knows the recipient official is not entitled to the payment; he, as well as the official, may be punished for the offense. See, e. g., id., §§ 288-292, at 426-436. Congress is well aware of the distinction between the crimes; it has always treated them separately. Compare 18 U. S. C. § 872 ("[e]xtortion by officers or employees of the United States" (emphasis added), which criminalizes extortion by federal officials, and makes no provision for punishment of the payor), with 18 U. S. C. § 201 ("[b]ribery of public officials and witnesses" (emphasis added), which criminalizes bribery of and
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