Although lobbying is an ancient art--as
old as government itself—it is still frequently viewed with suspicion. It
is, in fact, a legitimate activity protected by the First Amendment to the
Constitution:
"Congress shall make no law....abridging
the freedom of speech....or the right of the people peaceably to
assemble, and to petition the government for a redress of grievances."
The term "lobbyist" came into usage early in
the 19th century, although stories of its origin vary. One account describes
"lobby-agents" as the petitioners in the lobby of the New York State Capitol
waiting to address legislators. Another version of the story describes the
lobby of the Willard Hotel as the meeting site for both legislators and
favor-seekers during the early 1800s. Either way, by 1835 the term had been
shortened to "lobbyist" and was in wide usage in the U.S. Capitol, though
frequently pejoratively.
The caricature is as familiar as the name:
portly, cigar-smoking men who wine and dine lawmakers while slipping money
into their pockets.
When I went
to work in the Senate, I thought most lobbyists were corrupt, but
I was wrong.
There are honorable lobbyists. I dealt with them every day.
I was the chief of staff of two Senate committees: first,
Environment and Public Works, then Finance.
Environment and Public Works was an odd mix of jurisdictions — basically
protecting the environment and building highways, post offices and other
federal buildings. If your company poured concrete or was affected by
environmental regulations, your lobbyists desperately needed to see me.
When I moved to the Finance Committee in 1993, every lobbyist in town needed
to see me because Finance had jurisdiction over virtually all of President
Clinton's agenda: taxation, international trade, healthcare, welfare, Social
Security.
Because the lobbying profession is so little
understood, it is often viewed as a sinister function, yet every "mom and
apple pie" interest in the United States uses lobbyists--a fact little known
by the general public.
Simply put, lobbying is advocacy of a point
of view, either by groups or individuals. A special interest is nothing more
than an identified group expressing a point of view--be it colleges and
universities, churches, charities, public interest or environmental groups,
senior citizens organizations, even state, local or foreign governments.
While most people think of lobbyists only as paid professionals, there are
also many independent, volunteer lobbyists--all of whom are protected by the
First Amendment as held by the US Supreme Court in the case of Buckley
v. Valeo, 1972.
Lobbying involves much more than persuading
legislators. Its principal elements include researching and analyzing
legislation or regulatory proposals; monitoring and reporting on
developments; attending congressional or regulatory hearings; working with
coalitions interested in the same issues; and then educating not only
government officials but also employees and corporate officers as to the
implications of various changes. What most lay people regard as
lobbying--the actual communication with government officials--represents the
smallest portion of a lobbyist's time; a far greater proportion is devoted
to the other aspects of preparation, information and communication.
When a giant corporation such as Kodak sends its high-priced lobbying team
in to talk to you about how Fuji is violating international trade laws, you
listen — because Kodak is the last manufacturer of film left in the United
States and the biggest employer in Rochester, N.Y. Yes, Kodak's lobbyists
are trying to protect corporate profits, but they are also trying to protect
American jobs and save Rochester from becoming a ghost town. Only the most
zealous capitalist could fail to see the honor in that lobbying campaign.
However, most lobbyists don't represent private corporations.
Public Citizen is a
Washington, D.C.-based public
interest group engaged in
consumer
advocacy, government accountability,
clean democracy and ethical government, access to the courts, global
trade, and regulatory and science policy. Founded in 1971 by
Ralph Nader, the organization
represents consumer interests in the
United States Congress, the
executive branch and the courts,
fighting for openness and democratic accountability in government;
for the right of consumers to seek justice in the courts; for clean,
safe and sustainable energy sources; for social and economic justice
in trade policies; for strong health, safety and environmental
protections; and for safe, effective and affordable prescription
drugs and health care. Without the efforts of lobbyists such
as Public Citizen, the country would never have had a Clean Air Act,
automobile safety regulations, or the creation of the Food and Drug
Administration to oversee the production of pharmaceuticals.
Lobbying is a legitimate and necessary part
of our democratic political process. Government decisions affect both people
and organizations, and information must be provided in order to produce
informed decisions. Public officials cannot make fair and informed decisions
without considering information from a broad range of interested parties.
All sides of an issue must be explored in order to produce equitable
government policies. Good lobbyists tell you something you don't know — say, why teaching
hospitals need more money for doctor training. They tell you what they think
you should do about it, how to pay for it and, most important, who opposes
it and why. They know their opposition is going to be lobbying you too, so
they don't say anything that can be proved wrong in your next meeting.
There are simply not enough congressional staffers to keep track of the hundreds of
thousands of issues under federal jurisdiction. Good government needs good
lobbyists. |