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What Would Montesquieu Make of Modern New York?

In the wake of the latest New York City corruption scandal, the New York Times convened a panel to answer an interesting question: Mayor Michael Bloomberg remains, to our knowledge, above and disconnected from the sea of corruption around him; it is because rich politicians have less need for the money of others, and are therefore less corruptible?

Leave aside the low expectations–Bloomberg may be many things, but at least he’s no crook–and the liberal goggles through which the Times views the issue–Mitt Romney’s honest wealth makes him cold and out of touch; Bloomberg’s honest wealth makes him honest–and there is actually a very old question here about politics and the ideal nature of republican governance.

Montesquieu believed that because bad laws and their consequences are so difficult to undo or unravel in a democracy, representative government required that its elected practitioners possess virtue. This may sound obvious, but he wasn’t arguing the benefit of virtuous leaders; he was arguing the necessity of them for the system to survive. Virtue, to a monarch, was highly preferable to the alternative but its absence, in his mind, did not fatally undermine the functionality of the government. He also made the seemingly counterintuitive point that men who make laws to which they are not obligated have less need for virtue. (This is highly debatable, and something on which I think he was mistaken. But his underlying point is sound: self-interest begets temptation.)

He restates this explicitly in his collection My Thoughts: “What usually makes a man wicked is that he finds himself in circumstances in which he is more influenced by the utility of committing crimes than by the shame or danger in committing them.” Virtue–offering shame in this case–is a form of rationality. Earlier in that passage Montesquieu also makes an eloquent case for the kind of Western democracy that would later emerge and prove him prescient in the cauldron of the 20th century:

The laws make good and bad citizens. The same spirit of timidity that makes a man exacting in his duties in one republic will make a man cunning in another. The same spirit of boldness that makes a man love his Country and sacrifice himself for it in one State will make a highway robber in another.

The system matters. So, as Montesquieu might say were he to visit modern-day America: What’s the deal with New York? The city, like the state and many others, is high on democracy but seemingly low on virtue. Bloomberg, who governs much like a classic British aristocrat buoyed by his wealth and noblesse oblige, appears to possess the virtue his colleagues lack but is somewhat mystified by the self-rule they practice. What gives?

As one might imagine, the answer is complex. In part, the corruption around the mayor is encouraged, but by no means justified of course, by the distortions to the democratic process; the city might gain from more freedom, not less. State Senator Malcolm Smith, at the center of the current corruption scandal, wanted to bribe his way onto the mayoral ballot which, thanks to campaign finance law, was the destination, not the journey, as Bob McManus explains in the New York Post today:

But the ballot, not the office, was where Smith’s real opportunity lay. Running for office brings access to the city’s six-dollars-for-one, taxpayer-funded campaign-contribution-matching system.

Clearly Smith was in a position to deliver state money to others — see above, Bharara’s complaint — so why not use that influence to attract “contributions” from corrupt favor-seekers? Multiplied by the match, that would create a pot of cash that an imaginative fellow like Malcolm Smith would have no trouble putting to beneficial use.

There is also the question of defining corruption. It’s true that Bloomberg hasn’t been caught doing anything that would land him in prison, but is that where we draw the moral line too? Bloomberg’s vast riches enabled him to skirt the normal party process and shape-shift politically to ease his path to office in the way citizens of more modest means could never hope to. Once in power, he used his private wealth to essentially buy the acquiescence and silence of those who might otherwise be tempted to criticize or challenge him, as Sol Stern and Fred Siegel explained in COMMENTARY in 2011:

The difference is that Bloomberg was able to channel his private philanthropic giving each year to hundreds of the city’s arts and social-service groups with the reasonable expectation that the gratitude these groups felt to their patron would extend to their patron’s political causes. At the very least, it would make the groups and their influential boards of trustees think twice before criticizing the mayor’s policies.

The vehicle for Bloomberg’s gifts was the Carnegie Corporation. During the 2005 election year alone, Bloomberg donated $20 million to Carnegie, which in turn distributed the mayor’s largesse to 400 arts and social-service groups in gifts of $10,000 to $100,000. Officially, the donor to Carnegie was listed as “anonymous,” but as New York Times reporter Sam Roberts pointed out, all the groups were aware that the generous benefactor also had a day job at City Hall. “That Mr. Bloomberg is the source of the Carnegie contributions has long been an open secret and cannot help but benefit the mayor politically,” Roberts wrote.

His political shape-shifting also meant Bloomberg was less constrained by principle and less accountable for his actions in office. He also was prevented by law from serving a third term, so he simply had the law changed so he could stay in power. That may make him more ethical than Malcolm Smith, but that’s a low bar–and it’s far less clear that Montesquieu would approve.



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