Lobby Land: The History, Importance, and Legislation of 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 to change the lobbying system?

Changing the rules

In January 2006, both Democrats and Republicans have offered legislation to curb lobbying.

Both proposals are a response to reports that 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).

The strategies behind the parties’ proposals are the same: to come out against corruption before the 2006 elections. That’s not to say that members of both parties aren’t sincerely in favor of limiting lobbying, but the timing is certainly strategic.

Although some argue that lobbyists are simply corrupt and unnecessary, lobbying has been a part of the American legislative system since its inception. And Congress has had to rethink lobbying rules over the years in order to control abuses.

Therefore, the recent Abramoff scandal is not necessarily evidence of a new era of corruption, but rather another episode in the long history of lobbying and its benefits and detriments to the U.S. Congress.

History of Lobbying

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.

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 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.

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.

Both sides present legislation

Republican Congressman Bob Ney (Ohio) and House Majority Leader Tom DeLay (Texas) accepted trips arranged by former lobbyist Jack Abramoff. Both resigned their leadership positions shortly after the information became public.

The Abramoff scandal prompted each party to introduce legislation to limit lobbying. And although the bills aren’t that different, each side refuses to work with the other for the common cause of ending corruption.

Both parties’ bills prevent lawmakers and their staff from becoming lobbyists for two years after they leave Congress. Current law requires just one year.

Both sides want to ban gifts and limit travel paid for by outside groups. Republicans are considering banning travel gifts altogether, while Democrats want to allow educational nonprofit groups to underwrite trips for lawmakers and their senior aides.

DeLay also openly orchestrated the hiring of known Republicans by lobbying organizations, known as "the K Street Project." Democrats want to prevent lobbying firms from hiring on the basis of party affiliation and require lawmakers to inform Congress if they are vying for a future job at a lobbying firm.

Republicans want to close the House floor and House gym to former lawmakers who have become lobbyists as well as eliminate pensions for former representatives who have broken lobbying laws.

Critics of the proposals say that enforcing current rules is more important than introducing new ones. Analysts agree that Congress currently performs little oversight of the relationships between lawmakers and lobbyists. The Ethics Committees of the Senate and House should take their responsibility more seriously, but they, too, are subject to the current politically divisive strategies of the parties.

Your input matters

Is it reasonable to expect Congress to patrol itself to make sure that no illegal lobbying is going on? Should the rules apply not just to lobbyists but also to Congress, forbidding members from accepting trips, meals, and presents?

Lawmakers form close relationships with lobbyists and rely heavily on their policy analyses and feedback. Lawmakers also have to raise money to pay for their reelection. How do we make sure that the average citizen is heard as well? Joining a special interest group or political action committee is one way for you to influence policy, another is to directly contact your representatives right here from WomenMatter and send $5 to your representative if you believe she or he is doing the right thing.

Your representatives in Congress DO care what you think. Especially now -- 2006 is an election year and many representatives will be looking to reconnect with their constituents. Let your congressmen and women know what you think! Give your senators a piece of your mind! To find your reps, click here.

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Update Posted on: 1/25/2006