Loyists_in_America

"Lobbyist: Are they an ethical part of business or is it legal bribery' Political Lobbyist’s have been in existence since the First Amendment of the US Constitution, established the right to petition. This amendment assured the right of every United States citizen, to petition Congress, state government/legislatures, and all courts at any level and in a nutshell under this right of petition, individuals and groups of citizens and corporations may lobby for laws and policies that suit them. However, with this protection some have accused lobbyists of abusing this privilege as well as conducting themselves in a manor not consistent with ethical or moral values. In addressing the political lobbyist situation in the United States this research paper focuses on these three relevant questions. 1. How has the role of lobbyists historically changed within the past 250 years' 2. Could some political lobbyist tactics be construed as “legal bribery”' 3, is the “Revolving Door” concept an ethical practice for past Civil Servants' How has the role of Lobbyists historically changed within the past 250 plus years' The word "lobbying" dates back to the early 19th century and likely referred to the lobbies of hotels or legislative buildings where petitioners would make their case. However, according to several varied sources the word “lobbyist” was first used in Britain to refer to journalists waiting in corridors (lobbies) at the House of Commons waiting to interview decision makers. According to the American League of Lobbyists “its members research and analyze legislation or regulatory proposals, monitor and report on developments, attend congressional or regulatory hearings, work with coalitions interested in the same issues, and then educate not only government officials but also employees and corporate officers as to the implications of legislative changes”. (American League of Lobbyists, 2008) Since the earliest days of the nation, Lobbyists have been popular political villains. Rules for lobbyist conduct were first required in 1876, in which lobbyists were required to register. In 1946 Congress passed the Federal Regulation of Lobbying Act, which required more extensive disclosures, defined who constituted a “lobbyist,” and made disclosure of lobbying expenditures the law. Shortly thereafter, in a 1954 case, the Supreme Court narrowed the definition of lobbying. Since this time, lobbyists were quite adept at finding other loopholes to avoid the necessary filing of disclosure forms, which prompted the enactment of the Lobbying Disclosure Act of 1995 which was successful at closing some of these. The 'Legislative Transparency and Accountability Act of 2006, which was brought about following a huge United States political scandal, otherwise known as the Jack Abramoff Indian lobbying scandal, uncovered in the 1990’s. In the course of the scheme, the lobbyists were accused of illegally giving gifts and making campaign donations to legislators in return for votes or support of legislation. A major portion of this Act bars lobbyists themselves from buying gifts and meals for legislators. The Honest Leadership and Open Government Act of 2007 further clamped down on Lobbyist actions by amending the Lobbying Disclosure Act of 1995, thereby, strengthening lobbyist public disclosure requirements, funding, and restrictions placed on gifts given to members of Congress and their staff. Upon assuming the presidency, President Obama, signed into law two executive orders, which attempt to rein in the influence of lobbyists, bring increased accountability to federal spending, and limit influence of special interests. Even with all the attention to lobbyist conduct and public scrutiny in the past, today, lobbying still remains a billion-dollar industry. According to the Center for Responsive Politics,”$3.47 billion was spent on lobbying in 2009, when 13,741 registered lobbyists were active”. (Center for Responsive Politics, 2009) Could some political lobbyist tactics be construed as “legal bribery”' In today’s environment and with the increased scrutiny being placed on the lobby community, one would have to wonder how it has been possible for this type of behavior to exist for such a long period of time. According to Mr. Cook, “During the First Congress, Pennsylvania Sen. William Maclay wrote in his diary that New York merchants employed “treats, dinners, attentions” to delay passage of a tariff bill”. (Cook, 2009) This behavior has been prevalent within our culture for many years as the previous statement suggests. Arguments can be made that there was just not enough done during certain presidential terms that have morphed this problem into what it is today. Mr. Cross states “The deregulation that marked the Reagan era was the nexus of laissez faire ideologues and corporate lobbying, and it encouraged consumption by limiting constraints on corporate marketing and product safety as well as environmental impact”. (Cross, 2000) However, other entities may have also played a major part in the thoughts of many when it came to lobbyists as Mr. Cook suggests, “Congress has always had, and always will have, lobbyists and lobbying,” said Sen. Robert Byrd (D) of West Virginia in a 1987 floor speech. “We could not adequately consider our workload without them.... At the same time, the history of the institution demonstrates the need for eternal vigilance to ensure that lobbyists do not abuse their role.” (Cook, 2009) The age old practice of providing legislators with food and drink and taking them to sporting events has sharply declined in the wake of tough new rules adopted recently, however, corporations, industry groups, labor unions, single-issue organizations still spend billions of dollars each year to secure direct communication with decision-makers in government, in a veiled attempt to influence their thinking. Mr. Gary Cross summed it up as follows “At a time when the role and power of Wall Street and insurance company lobbying are being much discussed, it seems appropriate to note that it’s nothing new for big business to use its money and lobbying clout to push around the little guy”. (Cross, 2000) Is the “Revolving Door” concept an ethical practice for past Civil Servants' "Revolving door" is a term commonly used to describe a potentially corrupting interrelationship between the private sector and public service. History suggests that lawmakers rarely became lobbyists due to the nature of the business. However, higher salaries, an increased demand and a greater turnover in Congress, helped change the attitude about the appropriateness of former elected officials becoming lobbyists from that time onwards. It is also not out of the questions for former lawmakers to open their own lobbying company. According to Mr. Burger “It's the revolving door that helps perpetuate the cozy world of lobbying for such favors as earmarks—the suddenly controversial system by which the House and Senate Appropriations Committees dish out tens of billions of dollars in pork from the $843 billion a year in discretionary spending they doled out for this year”. (Burger, 2006) Generally, former Members of Congress and senior level staff of both the executive and legislative branches are prohibited from making direct lobbying contacts with former colleagues for one year after leaving public service, and members of the Senate must wait two years. However, nothing prohibits former lawmakers from immediately starting to advise clients on how to navigate the congressional process, having contacts with administration officials, or working as a state lobbyist. They may also work in a capacity to advise corporations and other interests on how the congressional process works. According to Mrs. Schouten “Despite congressional pledges to stop the revolving door between Capitol Hill and the lobbying industry, 16 of the 62 lawmakers who left Congress last year (2008) have landed jobs with groups that seek to influence policymakers”.(Schouten, 2009) The “Revolving Door” practice also has another controversial issue. Senate members upon completing their respective terms or removing themselves could potentially have leftover campaign funding. Ethics rules prohibit spending these leftover funds for personal use, however, they are currently allowed these leftover funds for donate it as lobbyists to their former colleagues. It appears another way that lobbyist are finding loopholes to further their respective gains. Historically, the lobbyist profession has been under constant political pressure to operate within the context of moral and ethical standards. Many Acts & laws have been created to finally put a stranglehold on such perceived notions of bribery and corruption within the profession. However it also seems that it has been able to stand the test of time, based on the financial strength and power status which it is still being afforded. The “Revolving Door” process is just another example of how loop-holes are found within existing policy and shaped to make it legal. I submit based on this research the political lobby system is just that ‘Legal Bribery”.   Lobbyist 3 References American League of Lobbyists (2008) Retrieved May 3, 2010 from the American League of Lobbyists Website: http://www.alldc.org/ethicscode.cfm Center for Responsive Politics (2009) Retrieved May 3, 2010 from the Center for Responsive Politics Website: http://www.opensecrets.org/lobbyists/ Cook, D. (2009) How Washington lobbyists peddle power. Christian Science Monitor Cross, G. (2000) All Consuming Century. New York: Columbia University Press Burger, T. (2006, February, 16) The Lobbying Game: Why the Revolving Door Won't Close. Time Magazine Schouten, F. (2009) Door still revolving between Capitol, lobbyists. USA Today