Sunday, December 20, 2009

Understanding Our Constitution - Part 30 - Lobbying

Lobbying is the practice of influencing decisions to be made by the government - in groups or individually. All attempts to influence legislators and officials are included. Their tactics may include such high pressure techniques as bribery, threats of electoral retaliation, and mass mailings.

The term originated in the 19th Century - where individuals tried to influence officials - generally in the lobby outside a legislative chamber.

It may be a direct appeal to a decision maker or it may be indirect such as influencing public opinion. It may include oral or written efforts of persuasion, campaign contributions, public-relations campaigns, research supplied to legislative committees, and formal testimony before committees.

Lobbyists are often hired by groups or organizations with a particular interest in convincing members of Congress to pass or defeat legislation. A lobbyist may be a member of a special-interest group, a professional willing to represent any group, or a private individual.

Often former members of Congress stay in Washington as lobbyists, making use of their experience. They often find though, that over time, their influence as lobbyists diminishes.

In the US, the Federal Regulation of Lobbying Act (1946) requires that lobbyists and the groups they represent register and report contributions and expenditures.

Since 1995, under the federal Lobbying Disclosure Act (2 U.S.C. § 1601-1612), most people who are paid to make direct “lobbying contracts” with officials of the federal government - are required to register and file reports twice a year. If lobbyists neglect to register, they are susceptible to criminal charges and harsh penalties.

Many loopholes remain in these regulations. But, Congress has been reluctant to place too many limitations on lobbying as this could restrict the constitutional rights of free speech and freedom to petition.

President Bush signed into law, in September 2007, the Honest Leadership and Open Government Act of 2007 - an amendment to the 1995 legislation. Shortly afterwards, many lobbyists withdrew their Lobbyist status and went to work for companies - as “strategic advisors”, “policy advisors”, or “government relations consultants”. These “stealth lobbyists” do not have to adhere to this legislation.

Rep. Jeff Flake (R-AZ6) has submitted a number of House Resolutions concerning the possible misuse of lobbying tactics - H Res 189, 212, 228, 265, 286, 295, 312, 425, and 667. As an example, I am providing a link to the last one. It’s worth reading the full text:

http://www.govtrack.us/congress/bill.xpd?bill=hr111-667

Currently, there are over 17,000 federal lobbyists based in Washington, DC.

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