286
Thomas, J., dissenting
Government need only show that a public official has obtained a payment to which he was not entitled, knowing that the payment was made in return for official acts." Ante, at 268 (emphasis added). This quid pro quo requirement is simply made up. The Court does not suggest that it has any basis in the common law or the language of the Hobbs Act, and I have found no treatise or dictionary that refers to any such requirement in defining "extortion."
Its only conceivable source, in fact, is our opinion last Term in McCormick v. United States, 500 U. S. 257 (1991). Quite sensibly, we insisted in that case that, unless the Government established the existence of a quid pro quo, a public official could not be convicted of extortion under the Hobbs Act for accepting a campaign contribution. We did not purport to discern that requirement in the common law or statutory text, but imposed it to prevent the Hobbs Act from effecting a radical (and absurd) change in American political life. "To
view of extortion, fine; but it should not attempt to present that view as "common-law history."
Finally, the Court cites White v. State, 56 Ga. 385 (1876). There the Georgia Supreme Court reversed the extortion conviction of a special constable who was charged with improperly keeping a fee that he had collected. The court first explained that a transaction was not extortion if the defendant "took the money in good faith, without any claim to it." Id., at 389 (emphasis added). The court then went on, in dicta, to assert that if an officer "should use his authority, or any process of law in his hands, for the purpose of awing or seducing any person into paying him a bribe, that would, doubtless, be extortion." Ibid. (emphasis added). For this latter proposition the Georgia court cited no authority. The court's error is manifest: it confused the common-law meaning of extortion (an officer wrongfully taking money under color of his office) with the colloquial meaning of the term (which conjures up coercion, and thus is at once broader and narrower than the common law). To the extent that White's dicta cuts against my understanding of common-law extortion, of course, it cuts equally strongly against the Court's, for, like the Pennsylvania cases cited earlier in this footnote, it quite obviously requires that the extorted payment be "induced" by the officer—the very requirement the Court today rejects.
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