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closeIf possible, let’s try to understand ‘lobbying reform’ concept
Burt Talcott
guest columnist
“Lobbying” is loosely defined, misunderstood and abused — but affects every citizen and taxpayer — local, state and federal.
We are indeed fortunate, as U.S. citizens (and plain residents), to be guaranteed by our Constitution the basic right to “petition our government for redress of grievances” in no less than the First Amendment, which co-equally protects our “freedom of speech” and “freedom of religion.”
You and I can “lobby” individually — and many do — at all levels of government. We lobby in many ways, by personal meetings, letters, telephone calls, e-mails, Twitter, text messages, petitions and group meetings (and other creative ways). Some of us are paid, some unpaid, to lobby.
“Lobbying” usually is more effective when we join with others, when “our cause is popular and just,” and when it’s persuasively (factually and credibly) presented.
Lobbying is used and abused. We help to preserve this constitutional right “by doing it right.” We jeopardize and weaken our right by abusing it.
Candidate Barack Obama campaigned against abuses and promised to “clean up lobbying.” So far, he has failed. A “reformer” differs from a “performer.” Past abuses, from “minor and innocent” to “major and fraudulent” violations were regulated in various ways. But lobbying has expanded — in numbers, means and expenditures.
Lobbying is a major, out-of-control growing industry, fueled by interest groups, in and out of every capitol of every government jurisdiction — and outside of the scope of most disclosure regulations intended to curb the abuses.
The expansion of government (in new laws and regulatory volume), at all levels, always causes “lobbying” to grow — even faster, larger and more pervasive presently. As the federal government moves inexorably into the energy, auto, insurance, housing and health industries — with more taxes and regulations — the lobbying and special interest groups, such as litigation experts, environmental and union advocates, are re-doubling their “lobbying” activities. New lobbying firms and associations are forming, gathering resources and scheming to attack, or defend, the newest laws and regulations.
Lobbyists are not just “fat cats in fancy suits with folding money,” as Obama portrays them. Registered lobbyists in Washington, D.C., alone numbered at least 25,000 — and that number is only the tip of a huge iceberg of paid political advocates.
Laws were enacted to require “lobbyists” to “register” and report “their expenditures and contacts with legislators and administration officials, and their staffs.” These laws are being circumvented in bold, crude and clever ways. Instead of the “old-fashioned” lobbying by direct contact (offering facts and opinions, as well as free dinners, transportation, entertainment, campaign contributions and personal favors), special interest groups are now developing new forms and techniques of “advocacy.”
Now “interest groups” provide officials with “issue development plans,” research, advertising, polling, focus group reports, “community organizers,” “message videos,” news releases, “specialty experts,” legal briefs, position memos and “talking points.”
Lobbyists who make “direct contacts” with officials or their staffs are usually required to register and file reports regularly. The others, who may be more effective, are not considered “lobbyists” or required to report — and may not be known to the public or the media.
President Obama’s promise to “clean up the scourge of lobbying” is in reality spawning an unintended but unprecedented explosion of special interest advocacy.
Lobbying — our second amendment right to petition our government officials — must be preserved, but it must not be abused. Businesses and associations who lobby openly and ethically are essential to effective government; but, unfortunately, our culture and electorate are tolerating the out-of-control, unethical lobbying industries and the certain consequences, such as: “bridges to nowhere,” Countrywide’s special favors for senators, the proliferation of “earmarks,” compounded “stimulus packages” and enormous unsustainable budget deficits.
Unethical, greedy, special interest lobbyists are bankrupting California, New York and the federal government, because private citizens who must pay the bills are not present and available to “man the barricades” where the lobbyists operate, mostly in secret.
Drastic solutions are urgently needed to solve the drastic problem. A recent Supreme Court decision held that judges must recuse (remove) themselves from cases in which a major campaign contributor is involved. (The 5-4 decision is fraught with danger and complex consequences, but the theory might well apply to legislative and executive officials.)
One proposal for preserving the right of citizens to petition their governments while preventing undue influence and fraud would require judges, legislators, administration officials and their staffs to recuse themselves from any case, issue, decision or earmark that involves a campaign contributor, lobbyist or pseudo-lobbyist who contributed more than $100 in money or services during any election cycle.
Too draconian, unenforceable, impracticable, unnecessary?
Well, perhaps you have a better solution. If you are outraged by the present culture of “lobbying,” I suggest you lobby your legislator; if not, don’t complain — not even on April 15.