Think about What You Want, and Not Just for Your Birthday

After casting your vote and sending $5 to a candidate, how do you want to be represented? What does your senator, congresswoman, and congressman owe you?

WomenMatter makes it possible for you to tell your representatives what you want directly from this website. However, you are not the only one who is trying to get a message to Washington D.C. Business groups and non-profit organizations often get together in order to influence government standards and spending.

With the new Democratic-led Congress entering the Capitol in January, it’s time to think about how we, the people, want Congress to change. We also need to think about how it can change, since many of the processes that voters don’t like (such as lobbying) are integral to the system.

After the 2005 lobbying scandal in which some House Republicans and their staff members accepted lavish gifts from former lobbyist Jack Abramoff -- who has admitted to attempting to bribe Congressman Bob Ney (R- Ohio) -- many Americans want a more ethical Congress. But what does this mean? Limiting lobbying? Stopping earmarks? What are lobbying and earmarks anyways?

Lobbying

Who are lobbyists and what do they do? What assumptions about lobbyists do you have and where do those assumptions come from?

Many Americans know little about lobbying, an integral part of the lawmaking process. So how are Americans supposed to evaluate proposals that would change the lobbying system?

Lobbying is the process of trying to influence policymakers in favor of a specific cause. Both individuals and organizations have the right to petition for or against legislation, thanks to the First Amendment of the Constitution. Lobbyists are professional petitioners representing groups with special interests.

The origin of the term lobbying may come from the Presidency of Ulysses S. Grant, who would drink brandy and smoke cigars while relaxing in the lobby of the Willard Hotel, where he was often approached by people seeking favors. However the Oxford English Dictionary contains references to the word "lobbyist" that date from earlier periods.

In the late eighteenth century, the first lobbyists represented a variety of groups, from merchants wanting to end a tariff on molasses, to military officers who wanted reimbursements for money they had spent on the American Revolution.

Petitioners quickly learned to attract attention to their causes by throwing parties and dinners for legislators, who missed the social and cultural amenities of cities like Philadelphia and New York.

In Congress’ early days, Washington D.C. was underdeveloped, and lawmakers took rooms in the boardinghouses that surrounded the Capitol Building. These dorms of sorts were particularly conducive to social lobbying, as were the bars, clubs, and brothels frequented by lawmakers.

Lobbying increased in the nineteenth century, and newspapers began to report abuses and bribes. However, the benefits of lobbying also became clear at this time. Lobbyists would provide analyses, opposition arguments, speeches, and personal contacts to legislators who were dealing with a more crowded congressional agenda.

History of Lobbying Part 2

As issues and interests became more complex, lobbyists’ briefings and analyses became more essential to legislators. The techniques that developed during this period are still with us today and are generally accepted as legitimate.

In the first half of the twentieth century, lobbying intensified through technology. The telegraph, telephone and radio allowed for increased development and access.

Recognizing lobbyists’ great influence, Congress worked to limit their powers. In 1928, the Senate attempted to require all lobbyists to register with the Secretary of the Senate and Clerk of the House, but the proposal failed in the House.

In the late 1930s, Congress finally required registration of all company lobbyists, but independent lobbyists were not required to register until 1946, when Congress specifically defined lobbyists as any person "who by himself, or through any agent or employee or other persons in any manner whatsoever, directly or indirectly, solicits, collects, or receives money or other thing of value to be used principally...to influence directly or indirectly, the passage or defeat of any legislation by the Congress of the United States."

In the 1970s, the Watergate Scandal encouraged tighter lobbying laws, but Congress was unable to pass them due to the First Amendment rights that protect lobbying.

Lobbying today is extraordinarily diverse, with special interest groups, companies, non-profits, and even churches hiring lobbyists in order to make their voices heard. Lobbying now incorporates marketing and public relations, technology, and political action committees, the latter of which funnels contributions to candidates. And our election system is, after all, funded with private money to pay for commercial advertising and campaign staff.

Critics of this hyperdrive lobbying system say that special interest groups’ power is out of proportion to their representation in the general population. And of course, some lobbyists go too far, trying to influence lawmakers through elaborate trips, gifts, and entertainment.

What could change?

Democrats have laid out a proposal that would give Congress and the public two full days to examine any finished bill (a bill that’s already been approved by the House and Senate and finalized in a conference, also called a conference report) before the final vote. This may prevent special projects and funding, "earmarks," from being slipped into legislation without full disclosure to the other members.

Further, lobbyists would not be allowed to give gifts to legislators - no sports tickets, no fancy dinners - or to their aides. Lobbyists would also have to post reports about their activities onto an Internet database that the public could access. Finally, lawmakers leaving Congress could not become congressional lobbyists for at least two years.

However, this proposal does not create an independent ethics committee to enforce the rules. And critics say that it doesn’t do enough to prevent earmarks, since legislators could still slip them in to legislation anonymously.

Senator Barak Obama (D-Illinois) is pushing for an independent ethics watchdog group, while Senator Dianne Feinstein (D-California) is against it. While Obama wants the rules to be autonomously enforced, Feinstein argues that taxpayers don’t need to spend more money on federal bureaucracy. She believes that Americans can trust legislators to follow the new rules.

What do you think?

Do you trust your representatives to follow the rules? Where should Congress draw the line on lobbying? Do you want an independent ethics committee of unelected officials to enforce the rules? Are you in favor of earmarks when they will benefit your district or state? Do you expect your representative to bring home federal money for local projects?

For more on this, listen to our radio show, OverSight, Insight, and Hindsight.

To get connected directly with your representatives, click here.

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