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    In a rare unanimous ruling, the US Supreme Court has overturned the corruption conviction of a former Virginia governor, Robert McDonnell. But it did so while holding its nose at the ethics of his conduct, which included accepting gifts such as a Rolex watch and a Ferrari automobile from a company seeking access to government.

    The high court’s decision said the judge in Mr. McDonnell’s trial failed to tell a jury that it must look only at his “official acts,” or the former governor’s decisions on “specific” and “unsettled” issues related to his duties.

    Merely helping a gift-giver gain access to other officials, unless done with clear intent to pressure those officials, is not corruption, the justices found.

    The court did suggest that accepting favors in return for opening doors is “distasteful” and “nasty.” But under anti-bribery laws, proof must be made of concrete benefits, such as approval of a contract or regulation. Simply arranging a meeting, making a phone call, or hosting an event is not an “official act”.

    The court’s ruling is legally sound in defining a kind of favoritism that is not criminal. Elected leaders must be allowed to help supporters deal with bureaucratic problems without fear of prosecution for bribery. “The basic compact underlying representative government,” wrote Chief Justice John Roberts for the court, “assumes that public officials will hear from their constituents and act on their concerns.” 

    But the ruling reinforces the need for citizens and their elected representatives, not the courts, to ensure equality of access to government. Officials must not be allowed to play favorites in providing information or in arranging meetings simply because an individual or group provides a campaign donation or a personal gift. This type of integrity requires well-enforced laws in government transparency, such as records of official meetings, rules on lobbying, and information about each elected leader’s source of wealth.

    Favoritism in official access can fan public perceptions of corruption. But it is not always corruption. Rather officials must avoid double standards, or different types of access for average people and the wealthy. If connections can be bought, a basic premise of democratic society—that all are equal in treatment by government—is undermined. Good governance rests on an understanding of the inherent worth of each individual.

    The court’s ruling is a step forward in the struggle against both corruption and official favoritism.

38. The court’s ruling is based on the assumption that public officials are ________.

A
justified in addressing the needs of their constituents
B
qualified to deal independently with bureaucratic issues
C
allowed to focus on the concerns of their supporters
D
exempt from conviction on the charge of favoritism
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答案:

A

解析:

答案精析:根据题干中的The court’s ruling和assumption定位到第五段第一句和最后一句。第五段第一句说到,法院的裁决对非犯罪性的偏袒行为的界定是合理合法的。原因在第五段最后一句提到:代议制政府下的基本契约认为,公职人员听取选民意见,并代之做出决定。由此可见,法院裁决的依据是公职人员应听取选民意见并按其意愿行使职能,答案为A。

错项排除:第五段第二句提到,“当选的领导人必须有权协助自己的支持者解决问题,而不用怕受到徇私的指控”,这里并不是说当选的领导人独立解决(deal independently with),也不是说任何徇私都不会受到指控,是有条件的,B、D错。第五段第二句中提到当选的领导人……协助自己的支持者解决问题,但这并不是法院裁决的依据,C错。

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