Opinion of the Court given the number of appellate court decisions, together with the fact that many of them have involved prosecutions of important officials well known in the political community,22 it is obvious that Congress is aware of the prevailing view that common-law extortion is proscribed by the Hobbs Act. The silence of the body that is empowered to give us a "contrary direction" if it does not want the common-law rule to survive is consistent with an application of the normal presumption identified in Taylor and Morissette. III An argument not raised by petitioner is now advanced by the dissent. It contends that common-law extortion was limited to wrongful takings under a false pretense of official right. Post, at 279-280; see post, at 281 (offense of extortion "was understood . . . [as] a wrongful taking under a false pretense of official right") (emphasis in original); post, at 282. It is perfectly clear, however, that although extortion accomplished by fraud was a well-recognized type of extortion, there were other types as well. As the court explained in Commonwealth v. Wilson, 30 Pa. Super. 26 (1906), an extortion case involving a payment by a would-be brothel owner to a police captain to ensure the opening of her house: "The form of extortion most commonly dealt with in the decisions is the corrupt taking by a person in office of a 2d, at 393-394; United States v. Price, 507 F. 2d 1349 (CA4 1974); United States v. Braasch, 505 F. 2d, at 151. 22 For example, in United States v. Hall, supra, the Governor of Oklahoma was convicted of extorting money "under color of official right,” in violation of the Hobbs Act; in United States v. Kenny, 462 F. 2d 1205, 1211 (CA3 1972), each of the eight defendants, who was part of a scheme to interfere with interstate commerce in violation of the Hobbs Act, "was, or had been, a highly placed public official or political leader in Jersey City or Hudson County or both"; and in United States v. Jannotti, 673 F. 2d, at 578, the Government operation, which came to be known as ABSCAM, led to the trial and conviction of various local and federal public officials, which, in other phases of the operation, included several Congressmen. Opinion of the Court fee for services which should be rendered gratuitously; or when compensation is permissible, of a larger fee than the law justifies, or a fee not yet due; but this is not a complete definition of the offense, by which I mean that it does not include every form of common-law extortion." Id., at 30. See also Commonwealth v. Brown, 23 Pa. Super. 470, 488489 (1903) (defendants charged with and convicted of conspiracy to extort because they accepted pay for obtaining and procuring the election of certain persons to the position of schoolteachers); State v. Sweeney, 180 Minn. 450, 456, 231 N. W. 225, 228 (1930) (alderman's acceptance of money for the erection of a barn, the running of a gambling house, and the opening of a filling station would constitute extortion) (dicta); State v. Barts, 132 N. J. L. 74, 76, 83, 38 A. 2d 838, 841, 844 (Sup. Ct. 1944) (police officer, who received $1,000 for not arresting someone who had stolen money, was properly convicted of extortion because "generically extortion is an abuse of public justice and a misuse by oppression of the power with which the law clothes a public officer"); White v. State, 56 Ga. 385, 389 (1876) (If a ministerial officer used his position "for the purpose of awing or seducing" a person to pay him a bribe that would be extortion). The dissent's theory notwithstanding, not one of the cases it cites, see post, at 281-282, and n. 3, holds that the public official is innocent unless he has deceived the payor by representing that the payment was proper. Indeed, none makes any reference to the state of mind of the payor, and none states that a "false pretense" is an element of the offense. Instead, those cases merely support the proposition that the services for which the fee is paid must be official and that the official must not be entitled to the fee that he collectedboth elements of the offense that are clearly satisfied in this The complete absence of support for the dissent's thesis presumably explains why it was not advanced by petitioner in the District Court or the Court of Appeals, is not case. Opinion of the Court recognized by any Court of Appeals, and is not advanced in any scholarly commentary.2 The judgment is affirmed. It is so ordered. 23 Moreover, the dissent attempts to have it both ways in its use of common-law history. It wants to draw an artificial line and say that we should only look at American common law and not at the more ancient English common law (even though the latter provided the roots for the former), see post, at 280–281, and at the same time, it criticizes the Court for relying on a "modern' view of extortion," post, at 285-286, n. 4; it also uses a 1961 case, which was decided 15 years after the enactment of the Hobbs Act, to explain the American view of the common-law crime of extortion at the time of the Act, see ibid., even though it claims that we are only supposed to look at "the American understanding of the crime at the time the Hobbs Act was passed in 1946." Post, at 281. Moreover, the 1961 case that it cites, State v. Begyn, 34 N. J. 35, 46, 167 A. 2d 161, 166, in which a sanitary inspector was charged with extortion for accepting payments by a scavenger who held a garbage removal contract and who made payments in order to ensure the continuation of the contract, merely supports the proposition that extortion was not limited to the overpayment of fees. The common-law crime of extortion was broader than the dissent now attempts to paint it, and in any of the historical periods to which the dissent wants to point there are cases that are contrary to the dissent's narrow view. For "modern" cases, see Begyn, supra, and State v. Barts, 132 N. J. L. 74, 38 A. 2d 838 (1944); for early American common-law cases, see supra, at 269-270; and for English common-law cases, see, e. g., 36 Lincoln Record Society, A Lincolnshire Assize Roll for 1298, p. 74, no. 322 (W. Thomson ed. 1944) (Adam of Lung (1298)) (was convicted of extortion for accepting payment to spare a man from having to contribute to an official collection of a quantity of malt); 10 Calendar of Patent Rolls, Edward III, A. D. 1354-1358, p. 449 (1909) (Hugh de Elmeshale (1356)) (coroner would not perform his "office without great ransoms and that he used to extort money from the people by false and feigned indictments"); Calendar of Patent Rolls, Edward II, A. D. 1313-1317, pp. 681-682 (1898) (Robert de Somery (1317)) (Robert de Somery, commissioner of array for Worcester received money from men "in order that by his connivance they might escape service and remain at home"); 1 Middlesex County Records (Old Series) 69 (J. Jeaffreson ed. 1886) (Smythe (1570)) (one of Queen Elizabeth's providers of wagons for ale and beer "by color of his office took extortionately" payments from the wagon owners to exonerate them from their obligations to the Queen). Opinion of KENNEDY, J. JUSTICE O'CONNOR, concurring in part and concurring in the judgment. I join Parts I and II of the Court's opinion, because in my view they correctly answer the question on which the Court granted certiorari-whether or not an act of inducement is an element of the offense of extortion under color of official right. See Pet. for Cert. i. The issue raised by the dissent and discussed in Part III of the Court's opinion is not fairly included in this question, see this Court's Rule 14.1(a), and sound prudential reasons suggest that the Court should not address it. Cf. Yee v. Escondido, 503 U. S. 519, 535-538 (1992). Neither party in this case has briefed or argued the question. A proper resolution of the issue requires a detailed examination of common law extortion cases, which in turn requires intensive historical research. As there appear to be substantial arguments on either side, we would be far more assured of arriving at the correct result were we to await a case in which the issue had been addressed by the parties. It is unfair to the United States to decide a case on a ground not raised by the petitioner and which the United States has had no opportunity to address. For these reasons, I join neither the dissent nor Part III of the Court's opinion, and I express no view as to which is correct. JUSTICE KENNEDY, concurring in part and concurring in the judgment. The Court gives a summary of its decision in these words: "We hold today that the 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. In my view the dissent is correct to conclude that this language requires a quid pro quo as an element of the Government's case in a prosecution under 18 U. S. C. § 1951, see post, at 285-287, and the Court's opinion can be interpreted in a way that is consistent with this rule. Although the Court appears to accept the re Opinion of KENNEDY, J. quirement of a quid pro quo as an alternative rationale, in my view this element of the offense is essential to a determination of those acts which are criminal and those which are not in a case in which the official does not pretend that he is entitled by law to the property in question. Here the prosecution did establish a quid pro quo that embodied the necessary elements of a statutory violation. I join Part III of the Court's opinion and concur in the judgment affirming the conviction. I write this separate opinion to explain my analysis and understanding of the statute. With regard to the question whether the word "induced" in the statutory definition of extortion applies to the phrase "under color of official right," 18 U. S. C. § 1951(b)(2), I find myself in substantial agreement with the dissent. Scrutiny of the placement of commas will not, in the final analysis, yield a convincing answer, and we are left with two quite plausible interpretations. Under these circumstances, I agree with the dissent that the rule of lenity requires that we avoid the harsher one. See post, at 289. We must take as our starting point the assumption that the portion of the statute at issue here defines extortion as "the obtaining of property from another, with his consent, induced . . . under color of official right." I agree with the Court, on the other hand, that the word "induced" does not "necessarily indicat[e] that the transaction must be initiated by the" public official. Ante, at 266 (emphasis in original). Something beyond the mere acceptance of property from another is required, however, or else the word "induced" would be superfluous. That something, I submit, is the quid pro quo. The ability of the official to use or refrain from using authority is the "color of official right" which can be invoked in a corrupt way to induce payment of money or to otherwise obtain property. The inducement generates a quid pro quo, under color of official right, that the statute prohibits. The term "under color of" is used, as I think both the Court and the dissent agree, to |