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Lobbying in the United States describes paid activity in which special interest groups hire well-connected professional advocates, often lawyers, to argue for specific legislation in decision-making bodies such as the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...
. It is a highly controversial phenomenon, often seen in a negative light by journalists and the American public, with some critics describing it as a legal form of
bribery Bribery is the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With regard to governmental operations, essentially, bribery is "Cor ...
,
influence peddling Influence peddling is the practice of using one's influence in government or connections with authorities to obtain favours or preferential treatment for another, usually in return for payment. It is also called traffic of influence or trading i ...
, and/or
extortion Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, ...
.Robert Reich, June 9, 2015, Salon magazine
Robert Reich: Lobbyists are snuffing our democracy, one legal bribe at a time
Retrieved May 30, 2017, "...This second scandal is perfectly legal but it's a growing menace ... the financial rewards from lobbying have mushroomed, as big corporations and giant Wall Street banks have sunk fortunes into rigging the game to their advantage...."
Mike Masnick, April 12, 2012, Tech Dirt
Is Lobbying Closer To Bribery... Or Extortion?
Retrieved May 30, 2017,
While lobbying is subject to extensive and often complex rules which, if not followed, can lead to penalties including jail, the activity of lobbying has been interpreted by court rulings as constitutionally protected
free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
and a way to petition the government for the redress of grievances, two of the freedoms protected by the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
. Since the 1970s, lobbying activity has grown immensely in the United States in terms of the numbers of lobbyists and the size of lobbying budgets, and has become the focus of much criticism of American governance. Since lobby rules require extensive disclosure, there is a large amount of information in the
public sphere The public sphere (german: Öffentlichkeit) is an area in social life where individuals can come together to freely discuss and identify societal problems, and through that discussion influence political action. A "Public" is "of or concerning the ...
about which entities lobby, how, at whom, and for how much. The current pattern suggests much lobbying is done primarily by corporations, although a wide variety of coalitions representing diverse groups also occurs. Lobbying takes place at every level of government, including federal, state, county, municipal, and local governments. In Washington, D.C., lobbying usually targets
members of Congress A Member of Congress (MOC) is a person who has been appointed or elected and inducted into an official body called a congress, typically to represent a particular constituency in a legislature. The term member of parliament (MP) is an equivalen ...
, although there have been efforts to influence executive agency officials as well as
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
appointments. Lobbying can have an important influence on the
political system In political science, a political system means the type of political organization that can be recognized, observed or otherwise declared by a state (polity), state. It defines the process for making official government decisions. It usually comp ...
; for example, a study in 2014 suggested that special interest lobbying enhanced the power of elite groups and was a factor shifting the nation's political structure toward an
oligarchy Oligarchy (; ) is a conceptual form of power structure in which power rests with a small number of people. These people may or may not be distinguished by one or several characteristics, such as nobility, fame, wealth, education, or corporate ...
in which average citizens have "little or no independent influence". The number of lobbyists in Washington is estimated to be over twelve thousand, but most lobbying (in terms of expenditures), is handled by fewer than 300 firms with low turnover. A report in ''
The Nation ''The Nation'' is an American liberal biweekly magazine that covers political and cultural news, opinion, and analysis. It was founded on July 6, 1865, as a successor to William Lloyd Garrison's '' The Liberator'', an abolitionist newspaper t ...
'' in 2014 suggested that while the number of registered lobbyists in 2013 (12,281) decreased compared to 2002, lobbying activity was increasing and "going underground" as lobbyists use "increasingly sophisticated strategies" to obscure their activity. Lee Fang, March 10, 2014, ''The Nation''
Where Have All the Lobbyists Gone? On paper, the influence-peddling business is drying up. But lobbying money is flooding into Washington, DC, like never before. What's going on?
Accessed March 21, 2014
Analyst James A. Thurber estimated that the actual number of working lobbyists was close to 100,000 and that the industry brings in $9 billion annually. Wall Street spent a record $2 billion trying to influence the
2016 United States presidential election The 2016 United States presidential election was the 58th quadrennial presidential election, held on Tuesday, November 8, 2016. The Republican ticket of businessman Donald Trump and Indiana governor Mike Pence defeated the Democratic ticke ...
. Lobbying has been the subject of academic inquiry in various fields, including law, public policy, economics and even marketing strategy.


Overview

Political scientist Thomas R. Dye once said that
politics Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that studies ...
is about battling over scarce governmental resources: who gets them, where, when, why and how. Since government makes the rules in a complex economy such as the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, it is logical that various organizations, businesses, individuals, nonprofits, trade groups, religions, charities and others—which are affected by these rules—will exert as much influence as they can to have rulings favorable to their cause. And the battling for influence has happened in every organized society since the beginning of civilization, whether it was
Ancient Athens Athens is one of the oldest named cities in the world, having been continuously inhabited for perhaps 5,000 years. Situated in southern Europe, Athens became the leading city of Ancient Greece in the first millennium BC, and its cultural achieve ...
, Florence during the time of the
Medici The House of Medici ( , ) was an Italian banking family and political dynasty that first began to gather prominence under Cosimo de' Medici, in the Republic of Florence during the first half of the 15th century. The family originated in the Mu ...
,
Late Imperial China The earliest known written records of the history of China date from as early as 1250 BC, from the Shang dynasty (c. 1600–1046 BC), during the reign of king Wu Ding. Ancient historical texts such as the ''Book of Documents'' (early chapter ...
, or the present-day
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
. Modern-day lobbyists in one sense are like the
courtier A courtier () is a person who attends the royal court of a monarch or other royalty. The earliest historical examples of courtiers were part of the retinues of rulers. Historically the court was the centre of government as well as the official ...
s of the
Ancien Régime ''Ancien'' may refer to * the French word for " ancient, old" ** Société des anciens textes français * the French for "former, senior" ** Virelai ancien ** Ancien Régime ** Ancien Régime in France {{disambig ...
. If
voting Voting is a method by which a group, such as a meeting or an electorate, can engage for the purpose of making a collective decision or expressing an opinion usually following discussions, debates or election campaigns. Democracies elect holde ...
is a general way for a public to control a government, lobbying is a more specific, targeted effort, focused on a narrower set of issues. The term ''
lobby Lobby may refer to: * Lobby (room), an entranceway or foyer in a building * Lobbying, the action or the group used to influence a viewpoint to politicians :* Lobbying in the United States, specific to the United States * Lobby (food), a thick st ...
'' has etymological roots in the physical structure of the British Parliament, in which there was an intermediary covered room outside the main hall. People pushing an agenda would try to meet with members of Parliament in this room, and they came to be known, by
metonymy Metonymy () is a figure of speech in which a concept is referred to by the name of something closely associated with that thing or concept. Etymology The words ''metonymy'' and ''metonym'' come from grc, μετωνυμία, 'a change of name ...
, as ''lobbyists'', although one account in 1890 suggested that the application of the word "lobby" is American and that the term is not used as much in Britain. The Willard Hotel, 2 blocks from the White House at 1401 Pennsylvania Avenue, claims the term originated there: "It was in the Willard lobby that Ulysses S. Grant popularized the term “lobbyist.” Often bothered by self-promoters as he sat in the lobby and enjoyed his cigar and brandy, he referred to these individuals as "lobbyists." The term ''lobbying'' in everyday parlance can describe a wide variety of activities, and in its general sense, suggests advocacy, advertising, or promoting a cause. In this sense, anybody who tries to influence any political position can be thought of as "lobbying", and sometimes the term is used in this loose sense. A person who writes a letter to a congressperson, or even questions a candidate at a political meeting, could be construed as being a ''lobbyist''. However, the term "lobbying" generally means a paid activity with the purpose of attempting to "influence or sway" a public official – including bureaucrats and elected officials – towards a desired specific action often relating to specific legislation. If ''advocacy'' is disseminating information, including attempts to persuade public officials as well as the public and media to promote the cause of something and support it, then when this activity becomes focused on specific legislation, either in support or in opposition, it crosses the line from ''advocacy'' and becomes ''lobbying''. This is the usual sense of the term "lobbying." One account suggested that much of the activity of nonprofits was not ''lobbying'' per se, since it usually did not mean changes in legislation. A lobbyist, according to the legal sense of the word, is a professional, often a lawyer. Lobbyists are intermediaries between client organizations and lawmakers: they explain to legislators what their organizations want, and they explain to their clients what obstacles elected officials face. One definition of a lobbyist is someone "employed to persuade legislators to pass legislation that will help the lobbyist's employer." Many lobbyists work in lobbying firms or law firms, some of which retain clients outside lobbying. Others work for
advocacy group Advocacy groups, also known as interest groups, special interest groups, lobbying groups or pressure groups use various forms of advocacy in order to influence public opinion and ultimately policy. They play an important role in the develop ...
s,
trade association A trade association, also known as an industry trade group, business association, sector association or industry body, is an organization founded and funded by businesses that operate in a specific industry. An industry trade association partic ...
s, companies, and state and local governments. Lobbyists can be one type of government official, such as a governor of a state, who presses officials in Washington for specific legislation. A lobbyist may put together a diverse coalition of organizations and people, sometimes including lawmakers and corporations, and the whole effort may be considered to be a ''lobby''; for example, in the abortion issue, there is a "pro-choice lobby" and a "pro-life lobby". An estimate from 2007 reported that more than 15,000 federal lobbyists were based in
Washington, DC ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morg ...
; another estimate from 2018 suggested that the count of registered lobbyists who actually lobbied that year was 11,656. While numbers like these suggest that lobbying is a widespread activity, most accounts suggest that the Washington lobbying industry is an exclusive one run by a few well-connected firms and players, with serious barriers to entry for firms wanting to get into the lobbying business, since it requires them to have been "roaming the halls of Congress for years and years." It is possible for foreign nations to influence the
foreign policy of the United States The officially stated goals of the foreign policy of the United States of America, including all the bureaus and offices in the United States Department of State, as mentioned in the ''Foreign Policy Agenda'' of the Department of State, are ...
through lobbying or by supporting lobbying organizations directly or indirectly. For example, in 2016,
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the no ...
ese officials hired American senator-turned-lobbyist
Bob Dole Robert Joseph Dole (July 22, 1923 – December 5, 2021) was an American politician and attorney who represented Kansas in the United States Senate from 1969 to 1996. He was the Republican Leader of the Senate during the final 11 years of his t ...
to set up a controversial phone call between president-elect
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of P ...
and Taiwanese President
Tsai Ing-Wen Tsai Ing-wen (; born 31 August 1956) is a Taiwanese politician serving as president of the Republic of China (Taiwan) since 2016. A member of the Democratic Progressive Party (DPP), Tsai is the first female president of Taiwan. She served as ...
.JULIE HIRSCHFELD DAVIS and ERIC LIPTON, The New York Times, December 6, 2016
Bob Dole Worked Behind the Scenes on Trump-Taiwan Call
Retrieved December 7, 2016, "...Former Senator Bob Dole, acting as a foreign agent for the government of Taiwan, worked behind the scenes ... to establish high-level contact between Taiwanese officials and President Donald J. Trump's staff, ... culminated last week in an unorthodox telephone call between Mr. Trump and Taiwan's president..."
There are reports that the
National Rifle Association The National Rifle Association of America (NRA) is a gun rights advocacy group based in the United States. Founded in 1871 to advance rifle marksmanship, the modern NRA has become a prominent gun rights lobbying organization while cont ...
, a U.S.-based lobbying group advocating for gun rights, has been the target of a decade-long infiltration effort by Russian president
Vladimir Putin Vladimir Vladimirovich Putin; (born 7 October 1952) is a Russian politician and former intelligence officer who holds the office of president of Russia. Putin has served continuously as president or prime minister since 1999: as prime min ...
, with allegations that Putin funneled cash through the NRA to aid the election of
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of P ...
.Tim Dickinson, April 2, 2018, Rolling Stone magazine
Inside the Decade-Long Russian Campaign to Infiltrate the NRA and Help Elect Trump: Femme fatales, lavish Moscow parties and dark money – how Russia worked the National Rifle Association
Retrieved April 11, 2018, "... Putin has a long track record of illegally financing nationalist opposition groups in the West ... Kremlin's NRA outreach culminated in pumping vast sums into the group's coffers ..."
Josh Delk, March 17, 2018, The Hill
FEC reviewing whether NRA accepted illegal Russian donations in 2016: report
Retrieved April 11, 2018
March 24, 2018, BY PETER STONE AND GREG GORDON, McClatchy Report

Retrieved April 11, 2018, "......"
There are also reports that
Qatar Qatar (, ; ar, قطر, Qaṭar ; local vernacular pronunciation: ), officially the State of Qatar,) is a country in Western Asia. It occupies the Qatar Peninsula on the northeastern coast of the Arabian Peninsula in the Middle East; it sh ...
,
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the Ara ...
,
Bahrain Bahrain ( ; ; ar, البحرين, al-Bahrayn, locally ), officially the Kingdom of Bahrain, ' is an island country in Western Asia. It is situated on the Persian Gulf, and comprises a small archipelago made up of 50 natural islands and a ...
and the
United Arab Emirates The United Arab Emirates (UAE; ar, اَلْإِمَارَات الْعَرَبِيَة الْمُتَحِدَة ), or simply the Emirates ( ar, الِْإمَارَات ), is a country in Western Asia (Middle East, The Middle East). It is ...
have waged an intense lobbying campaign to win over the
Trump administration Donald Trump's tenure as the List of presidents of the United States, 45th president of the United States began with Inauguration of Donald Trump, his inauguration on January 20, 2017, and ended on January 20, 2021. Trump, a Republican Party ...
and Congress. The long-standing probe into the influence campaign run by foreign governments such as the UAE, in the US 2016 presidential elections led to the arrest of a high-profile associate on July 20, 2021, having ties with former President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of P ...
. The former outside adviser to Mr. Trump's election campaign and one of his top fund-raisers for the 2016 elections,
Thomas J. Barrack Jr. Thomas Joseph Barrack Jr. (born April 28, 1947) is an American private equity real estate investor and the founder and executive chairman of Colony Capital, a publicly traded real estate investment trust (REIT). Barrack has for decades been a clos ...
was arrested in mid-July 2021 for the obstruction of justice by lying to the investigators about failing to register himself as a foreign lobbyist working for the government of the UAE. The 74-year-old was accused of a nine-count indictment for misusing his access to Trump in order to expand the foreign policy goals of the foreign government of the UAE and repeatedly misleading the federal agents regarding his activities, as per a June 2019 interview. Two other men, Matthew Grimes, a former senior executive of Barrack's company and Rashid al-Malik Alshahhi, an Emirati business with close ties to UAE rulers like Mohammed bin Zayed Al Nahyan, also named in the investigation were charged with acting as the agents of the Emirati government without registration under FARA of the US
Justice Department A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
. While 27-year-old Grimes was arrested, 43-year-old Mr. al-Malik remained unreachable. In 2022, Barrack and Grimes were found not guilty on all charges. Abbe Lowell, Grimes's lawyer, said the case was "another example of prosecutors overreaching and overcharging".


Different types of lobbying


The focus of lobbying efforts

Generally, lobbyists focus on trying to persuade decision-makers: Congress, executive branch agencies such as the Treasury Department and the
Securities and Exchange Commission The U.S. Securities and Exchange Commission (SEC) is an independent agency of the United States federal government, created in the aftermath of the Wall Street Crash of 1929. The primary purpose of the SEC is to enforce the law against market ...
, the Supreme Court, and state governments (including governors). Federal agencies have been targeted by lobbyists since they write industry-specific rules; accordingly, interest groups spend "massive sums of money" trying to persuade them to make so-called "carve-outs" or try to block specific provisions from being enacted. A large fraction of overall lobbying is focused on only a few sets of issues, according to one report. It is possible for one level of government to lobby another level; for example, the
District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle (Washington, D.C.), Logan Circle, Jefferson Memoria ...
has been lobbying Congress and the President for greater power, including possible statehood or voting representation in Congress; one assessment in 2011 suggested that the district needed to rethink its lobbying strategy, since its past efforts have only had "mixed results". Many
executive branch The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems ...
agencies have the power to write specific rules and are a target of lobbying. Federal agencies such as the
State Department The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other na ...
make rules such as giving aid money to countries such as
Egypt Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a List of transcontinental countries, transcontinental country spanning the North Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via a land bridg ...
, and in one example, an Egyptian-American businessman named Kais Menoufy organized a lobby to try to halt U.S. aid to Egypt. Since the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
has the power of
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
and can render a congressional law unconstitutional, it has great power to influence the course of American life. For example, in the ''
Roe v. Wade ''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'' decision, it ruled on the legality of
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pre ...
. A variety of forces use lobbying tactics to pressure the court to overturn this decision. Lobbyists represent their clients' or organizations' interests in state capitols. An example is a former school superintendent who has been lobbying state legislatures in California, Michigan and Nevada to overhaul teacher evaluations, and trying to end the "Last In, First Out" teacher hiring processes; according to one report, Michelle Rhee is becoming a "political force." State governments can be lobbied by groups which represent ''other governments'' within the state, such as a city authority; for example, the cities of
Tallahassee Tallahassee ( ) is the capital city of the U.S. state of Florida. It is the county seat and only incorporated municipality in Leon County. Tallahassee became the capital of Florida, then the Florida Territory, in 1824. In 2020, the population ...
and St. Petersburg lobbied the
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and ...
legislature using paid lobbyists to represent the city's interests. There is lobbying activity at the county and municipal levels, especially in larger cities and populous counties. For example, officials within the city government of
Chicago (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = List of sovereign states, Count ...
called aldermen became lobbyists after serving in municipal government, following a one-year period required by city ethics rules to abstain from lobbying.


Paid versus free lobbying

While the bulk of lobbying happens by business and professional interests who hire paid professionals, some lobbyists represent non-profits pro-bono for issues in which they are personally interested.
Pro bono publico ( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for pe ...
clients offer activities to meet and socialize with local legislators at events like fundraisers and awards ceremonies.


Single issue versus multiple issue lobbying

Lobbies which push for a single issue have grown in importance during the past twenty years, according to one source. Corporations generally would be considered as ''single issue'' lobbies. If a corporation wishes to change public policy, or to influence legislation which impacts its success as a business, it may use lobbying as a "primary avenue" for this purpose. One research study suggested that ''single issue'' lobbies often operate in different kinds of institutional venues, sometimes bringing the same message to different groups. Lobbies which represent groups such as
labor union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits (s ...
s, business organizations, trade associations and such are sometimes considered to be ''multiple issue lobbies'', and to succeed they must be somewhat more flexible politically and be willing to accept compromise.


Inside versus outside lobbying

* ''Inside lobbying'', or sometimes called ''direct lobbying'', describes efforts by lobbyists to influence legislation or rule-making directly by contacting legislators and their assistants, sometimes called staffers or aides. * ''Outside lobbying'', or sometimes ''indirect lobbying'', includes attempts by interest group leaders to mobilize citizens outside the policymaking community, perhaps by
public relations Public relations (PR) is the practice of managing and disseminating information from an individual or an organization (such as a business, government agency, or a nonprofit organization) to the public in order to influence their perception. ...
methods or
advertising Advertising is the practice and techniques employed to bring attention to a product or service. Advertising aims to put a product or service in the spotlight in hopes of drawing it attention from consumers. It is typically used to promote a ...
, to prompt them to pressure public officials within the policymaking community. One example of an outside lobbying effort is a film entitled ''InJustice'', made by a group promoting lawsuit reform. Some lobbyists are now are using social media to reduce the cost of traditional campaigns, and to more precisely target public officials with political messages.


Taxpayer-funded lobbying

Taxpayer-funded lobbying is when one taxpayer-funded entity lobbies another taxpayer-funded entity, usually for more taxpayer-funds. In the United States this typically takes place in the form of State-level agencies or municipalities devoting part of their budget to lobby the State government for a larger budget.


History of lobbying

The
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
was crafted in part to solve the problem of special interests, today usually represented by lobbies, by having these factions compete.
James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for h ...
identified a faction as "a number of citizens, whether amounting to a minority or majority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community", and Madison argued in Federalist No. 10 that there was less risk of injury by a narrowly focused faction in a large republic if any negative influence was counteracted by other factions. In addition, the Constitution protected
free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
, including the right to petition the government, and these rights have been used by lobbying interests throughout the nation's history. There has been lobbying at every level of government, particularly in state governments during the nineteenth century, but increasingly directed towards the federal government in the twentieth century. The last few decades have been marked by an exponential increase in lobbying activity and expenditures.


Lobbying as a business


Key players


Lobbyists

The number of registered Washington lobbyists is substantial. In 2009, ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large n ...
'' estimated that there were 13,700 registered lobbyists, describing the nation's Capitol as "teeming with lobbyists.". In 2011, ''The Guardian'' estimated that in addition to the approximately 13,000 registered lobbyists, thousands more unregistered lobbyists could exist in Washington. The ratio of lobbyists employed by the healthcare industry, compared with every elected politician, was six to one, according to one account. Nevertheless, the numbers of lobbyists actively engaged in lobbying is considerably less, and the ones occupied with lobbying full-time and making significant money is even less. * Law firms: Several law firms, including Patton Boggs,
Akin Gump Akin may refer to: People * Akin (given name), a list of people * Akin (surname), a list of people * Akın, a list of people with the Turkish given name or surname Places * Akin, Illinois, a town in the United States * Akin, Aksaray, a village ...
and Holland & Knight, had sizable departments devoted to so-called "government relations". One account suggested that the lobbying arms of these law firms were not held as separate subsidiaries, but that the law practices involved in government lobbying were integrated into the overall framework of the law firm. A benefit to an integrated arrangement was that the law firm and the lobbying department could "share and refer clients back and forth". Holland & Knight earned $13.9 million from lobbying revenue in 2011. One law firm employs so-called "power brokers" including former Treasury department officials such as Marti Thomas, and former presidential advisers such as Daniel Meyer. There was a report that two law firms were treating their lobbying groups as separate business units, and giving the non-lawyer lobbyists an equity stake in the firm. * Lobbying firms: These firms usually have some lawyers in them, and are often founded by former congressional staffers, legislators, or other politicians. Some lobbying groups have been bought by large advertising conglomerates.


Corporations

Corporations which lobby actively tend to be few in number, large, and often sell to the government. Most corporations do not hire lobbyists. One study found that the actual number of firms which do lobbying regularly is fewer than 300, and that the percent of firms engaged in lobbying was 10% from 1998 to 2006, and that they were "mainly large, rich firms getting in on the fun." These firms hired lobbyists year after year, and there was not much evidence of other large firms taking much interest in lobbying. Corporations considering lobbying run into substantial barriers to entry: corporations have to research the relevant laws about lobbying, hire lobbying firms, and cultivate influential people and make connections. When an issue regarding a change in immigration policy arose, large corporations currently lobbying switched focus somewhat to take account of the new regulatory world, but new corporations—even ones likely to be affected by any possible rulings on immigration—stayed out of the lobbying fray, according to the study. Still, of all the entities doing lobbying in Washington, the biggest overall spenders are, in fact, corporations. In the first decade of the 2000s, the most lucrative clients for Gerald Cassidy's lobbying firm were corporations, displacing fees from the appropriations business.
Wall Street Wall Street is an eight-block-long street in the Financial District of Lower Manhattan in New York City. It runs between Broadway in the west to South Street and the East River in the east. The term "Wall Street" has become a metonym for ...
lobbyists and the financial industry spent upwards of $100 million in one year to "court regulators and lawmakers", particularly since they were "finalizing new regulations for lending, trading and debit card fees." One academic analysis in 1987 found that firms were more likely to spend on lobbying if they were both large and concerned about "adverse financial statement consequences" if they did not lobby. Big banks were "prolific spenders" on lobbying;
JPMorgan Chase JPMorgan Chase & Co. is an American multinational investment bank and financial services holding company headquartered in New York City and incorporated in Delaware. As of 2022, JPMorgan Chase is the largest bank in the United States, t ...
has an in-house team of lobbyists who spent $3.3 million in 2010; the
American Bankers Association The American Bankers Association (ABA) is a Washington, D.C.-based trade association for the U.S. banking industry, founded in 1875. They lobby for banks of all sizes and charters, including community banks, regional and money center banks, sav ...
spent $4.6 million on lobbying; an organization representing 100 of the nation's largest financial firms called the ''Financial Services Roundtable'' spent heavily as well. A trade group representing Hedge Funds spent more than $1 million in one quarter trying to influence the government about financial regulations, including an effort to try to change a rule that might demand greater disclosure requirements for funds. Amazon.com spent $450,000 in one quarter lobbying about a possible online sales tax as well as rules about data protection and privacy. Corporations which sell substantially to the government tend to be active lobbiers. For example, aircraft manufacturer
Boeing The Boeing Company () is an American multinational corporation that designs, manufactures, and sells airplanes, rotorcraft, rockets, satellites, telecommunications equipment, and missiles worldwide. The company also provides leasing and ...
, which has sizeable defense contracts, pours "millions into lobbying": In the spring of 2017, there was a fierce lobbying effort by
Internet service provider An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise priva ...
s (ISPs) such as Comcast and AT&T, and tech firms such as Google and Facebook, to undo regulations protecting consumer privacy. Rules passed by the
Obama administration Barack Obama's tenure as the 44th president of the United States began with his first inauguration on January 20, 2009, and ended on January 20, 2017. A Democrat from Illinois, Obama took office following a decisive victory over Republican ...
in 2016 required ISPs to get "explicit consent" from consumers before gathering browsing histories, locations of businesses visited and applications used, but trade groups wanted to be able to sell this information for profit without consent. Lobbyists connected with Republican senator
Jeff Flake Jeffry Lane Flake (born December 31, 1962) is an American politician and diplomat who is the current U.S Ambassador to Turkey. A member of the Republican Party, Flake served in the United States House of Representatives from 2001 to 2013 and ...
and Republican representative
Marsha Blackburn Mary Marsha Blackburn (née Wedgeworth; born June 6, 1952) is an American politician and businesswoman serving as the senior United States senator from Tennessee, a seat she has held since 2019. She is a member of the Republican Party. Blackbur ...
to sponsor legislation to dismantle Internet privacy rules; Flake received $22,700 in donations and Blackburn received $20,500 in donations from these trade groups. On March 23, 2017, abolition of privacy restrictions passed on a narrow party-line vote, and the lobbying effort achieved its result.Kimberly Kindy, May 30, 2017, Washington Post
How Congress dismantled federal Internet privacy rules
Retrieved May 30, 2017
In 2017, credit reporting agency
Equifax Equifax Inc. is an American multinational consumer credit reporting agency headquartered in Atlanta, Georgia and is one of the three largest consumer credit reporting agencies, along with Experian and TransUnion (together known as the "Big Th ...
lobbied Congress extensively, spending $1.1 million in 2016 and $500,000 in 2017, seeking rules to limit damage from lawsuits and less regulatory oversight; in August 2017, Equifax's databases were breached and the confidential data of millions of Americans was stolen by hackers and identity thieves, potentially opening up the firm to numerous
class action lawsuit A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class actio ...
s.Renae Merle and Hamza Shaban, September 19, 2017, Washington Post
Before the breach, Equifax sought to limit exposure to lawsuits
Retrieved September 20, 2017, "...Equifax ... the company lobbied Congress on legislation to limit how much it could be forced to pay if sued by consumers ... it pressed lawmakers to roll back the powers of its regulators.... Republican Rep. Barry Loudermilk said at a Sept. 7 hearing on the proposal... "
Major American corporations spent $345 million lobbying for just three pro-immigration bills between 2006 and 2008. Internet service providers in the United States have spent more than $1.2 billion on lobbying since 1998, and 2018 was the biggest year so far with a total spend of more than $80 million. From a review in 2020, major food and beverage corporations spent $38.2 million on
lobbying In politics, lobbying, persuasion or interest representation is the act of lawfully attempting to influence the actions, policies, or decisions of government officials, most often legislators or members of regulatory agencies. Lobbying, whic ...
to strengthen and maintain big food influence in Washington, D.C.


Unions

One report suggested the United Food & Commercial Workers International Union spent $80,000 lobbying the federal government on issues relating to "the tax code, food safety, immigration reform and other issues."


Other players

Other possible players in the lobbying arena are those who might influence legislation: House & Senate colleagues, public opinion in the district, the White House, party leaders, union leaders, and other influential persons and groups. Interest groups are often thought of as "nonparty organizations" which regularly try to change or influence government decision-making.


Lobbying methods and techniques

Lobbying has much in common with highly people-intensive businesses such as
management consulting Management consulting is the practice of providing consulting services to organizations to improve their performance or in any way to assist in achieving organizational objectives. Organizations may draw upon the services of management consultan ...
and
public relations Public relations (PR) is the practice of managing and disseminating information from an individual or an organization (such as a business, government agency, or a nonprofit organization) to the public in order to influence their perception. ...
, but with a political and legal sensibility. Like lawmakers, many lobbyists are lawyers, and the persons they are trying to influence have the duty of writing laws. That the disciplines of law and lobbying are intertwined could be seen in the case of a Texas lawyer who had been seeking compensation for his unfairly imprisoned client; since his exonerated-prisoner client had trouble paying the legal expenses, the lawyer lobbied the Texas state legislature to raise the state's payment for unfairly imprisoned prisoners from $50,000 per year to $80,000 per year; it succeeded, making it possible for his newly freed client to pay the lawyer's fees. Well-connected lobbyists work in Washington for years, know the issues, are highly skilled advocates, and have cultivated close connections with members of Congress, regulators, specialists, and others. They understand strategy and have excellent communication skills; many are well suited to be able to choose which clients they would like to represent. Lobbyists patiently cultivate networks of powerful people, over many years, trying to build trust and maintain confidence and friendships. When a client hires them to push a specific issue or agenda, they usually form coalitions to exert political pressure. Lobbying, as a result, depends on trying to be flexible to new opportunities, but at the same time, to act as an agent for a client. As one lobbyist put it: : Access is important and often means a one-on-one meeting with a legislator. Getting access can sometimes be difficult, but there are various avenues: email, personal letters, phone calls, face-to-face meetings, meals, get-togethers, and even chasing after congresspersons in the Capitol building: :: When getting access is difficult, there are ways to wear down the walls surrounding a legislator.
Jack Abramoff Jack Allan Abramoff (; born February 28, 1959) is an American lobbyist, businessman, film producer, writer, and convicted felon. He was at the center of an extensive corruption investigation led by Earl Devaney that resulted in his conviction ...
explained: :: Lobbyists often assist congresspersons with
campaign finance Campaign finance, also known as election finance or political donations, refers to the funds raised to promote candidates, political parties, or policy initiatives and referendums. Political parties, charitable organizations, and political a ...
by arranging fundraisers, assembling PACs, and seeking donations from other clients. Many lobbyists become campaign treasurers and fundraisers for congresspersons. This helps incumbent members cope with the substantial amounts of time required to raise money for reelection bids; one estimate was that congresspersons had to spend a third of their working hours on fundraising activity. PACs are fairly easy to set up; it requires a lawyer and about $300, roughly. An even steeper possible reward which can be used in exchange for favors is the lure of a high-paying job as a lobbyist; according to Jack Abramoff, one of the best ways to "get what he wanted" was to offer a high-ranking congressional aide a high-paying job after they decided to leave public office. When such a promise of future employment was accepted, according to Abramoff, "we owned them". This helped the lobbying firm exert influence on that particular congressperson by going through the staff member or aide. At the same time, it is hard for outside observers to argue that a particular decision, such as hiring a former staffer into a lobbying position, was purely as a reward for some past political decision, since staffers often have valuable connections and policy experience needed by lobbying firms. Research economist Mirko Draca suggested that hiring a staffer was an ideal way for a lobbying firm to try to sway their old bosses—a congressperson—in the future. Lobbyists, according to several sources, strive for communications which are clear, straightforward, and direct. In a one-on-one meeting with a lobbyist, it helps to understand precisely what goal is wanted. A lobbyist wants action on a bill; a legislator wants to be re-elected. The idea is to persuade a legislator that what the lobbyist wants is good public policy. Lobbyists often urge lawmakers to try to persuade other lawmakers to approve a bill. Still, persuasion is a subtle business, requiring a deft touch, and carelessness can boomerang. In one instance of a public relations reversal, a lobbying initiative by the Cassidy firm which targeted Senator
Robert C. Byrd Robert Carlyle Byrd (born Cornelius Calvin Sale Jr.; November 20, 1917 – June 28, 2010) was an American politician and musician who served as a United States senator from West Virginia for over 51 years, from 1959 until his death in 2010. A ...
blew up when the Cassidy-Byrd connection was published in ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large n ...
''; this resulted in a furious Byrd reversing his previous pro-Cassidy position and throwing a "theatrical temper tantrum" regarding an $18 million facility. Byrd denounced "lobbyists who collect exorbitant fees to create projects and have them earmarked in appropriation bills... for the benefit of their clients." Since it often takes a long time to build the network of relationships within the lobbying industry, ethical interpersonal dealings are important. A maxim in the industry is for lobbyists to be truthful with people they are trying to persuade; one lobbyist described it this way: "what you've basically got is your word and reputation". An untruth, a lie is too risky to the successful development of a long-term relationship and the potential gain is not worth the risk. One report suggested that below-the-belt tactics generally do not work. One account suggest that groping for "personal dirt" on opponents was counterproductive since it would undermine respect for the lobbyist and their clients. And, by reverse logic, if an untruth is told by an opponent or opposing lobby, then it makes sense to publicize it. But the general code among lobbyists is that unsubstantiated claims are bad business. Even worse is planting an informant in an opponent's camp, since if this subterfuge is ever discovered, it will boomerang negatively in a hundred ways, and credibility will drop to zero. The importance of personal relationships in lobbying can be seen in the state of
Illinois Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rock ...
, in which father-son ties helped push a smart-grid energy bill, although there were accusations of favoritism. And there is anecdotal evidence that a business firm seeking to profitably influence legislation has to pay particular attention to which lobbyist it hires. Strategic considerations for lobbyists, trying to influence legislation, include "locating a power base" or a constituency logically predisposed to support a given policy. Timing, as well, is usually important, in the sense of knowing when to propose a certain action and having a big-picture view of the possible sequence of desired actions. Strategic lobbying tries to estimate the possible responses of different groups to a possible lobby approach; one study suggested that the "expectations of opposition from other interests" was a key factor helping to determine how a lobby should operate. Increasingly, lobbyists seek to put together coalitions and use ''outside lobbying'' by swaying public opinion. Bigger, more diverse and deep pocketed coalitions tend to be more effective in outside lobbying, and the "strength in numbers" principle often applies. Interest groups try to build "sustainable coalitions of similarly situated individual organizations in pursuit of like-minded goals". According to one study, it is often difficult for a lobbyist to influence a staff member in Congress directly, since staffers tend to be well-informed and subject to views from competing interests. As an indirect tactic, lobbyists can try to manipulate
public opinion Public opinion is the collective opinion on a specific topic or voting intention relevant to a society. It is the people's views on matters affecting them. Etymology The term "public opinion" was derived from the French ', which was first use ...
which, in turn, can sometimes exert pressure on congresspersons. Activities for these purposes include trying to use the mass media, cultivating contacts with reporters and editors, encouraging them to write editorials and cover stories to influence public opinion, which may have the secondary effect of influencing Congress. According to analyst Ken Kollman, it is easier to sway public opinion than a congressional staff member since it is possible to bombard the public with "half-truths, distortion, scare tactics, and misinformation." Kollman suggests there should be two goals: (1) communicate that there is public support behind an issue to policymakers and (2) increase public support for the issue among constituents. Kollman suggested outside lobbying was a "powerful tool" for interest group leaders. In a sense, using these criteria, one could consider
James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for h ...
as having engaged in ''outside lobbying'', since after the Constitution was proposed, he wrote many of the 85 newspaper editorials arguing for people to support the Constitution, and these writings later became the ''
Federalist Papers ''The Federalist Papers'' is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The c ...
''. As a result of this "lobbying" effort, the Constitution was ratified, although there were narrow margins of victory in four of the state legislatures. Lobbying today generally requires mounting a coordinated campaign, using targeted blitzes of telephone calls, letters, emails to congressional lawmakers, marches down the
National Mall The National Mall is a landscaped park near the downtown area of Washington, D.C., the capital city of the United States. It contains and borders a number of museums of the Smithsonian Institution, art galleries, cultural institutions, and va ...
, bus caravans, and such, and these are often put together by lobbyists who coordinate a variety of interest group leaders to unite behind a hopefully simple easy-to-grasp and persuasive message. It is important for lobbyists to follow rules governing lobbying behavior. These can be difficult and complex, take time to learn, require full disclosure, and mistakes can land a lobbyist in serious legal trouble. Gifts for congresspersons and staffers can be problematic, since anything of sizeable value must be disclosed and generally such gifts are illegal. Failure to observe gift restrictions was one factor which caused lobbyist
Jack Abramoff Jack Allan Abramoff (; born February 28, 1959) is an American lobbyist, businessman, film producer, writer, and convicted felon. He was at the center of an extensive corruption investigation led by Earl Devaney that resulted in his conviction ...
to eventually plead guilty to a "raft of federal corruption charges" and led to convictions for 20 lobbyists and public officials, including congressperson
Bob Ney Robert William Ney (born July 5, 1954) is an American politician from Ohio. A Republican, Ney represented Ohio's 18th congressional district in the U.S. House of Representatives from 1995 until November 3, 2006, when he resigned. Ney's resigna ...
and Bush deputy interior secretary Stephen Griles. Generally gifts to congresspersons or their staffs or federal officials are not allowed, but with a few exceptions: books are permitted, provided that the inside cover is inscribed with the congressperson's name and the name of one's organization. Gifts under $5 are allowed. Another exception is awards, so it is permitted to give a congressperson a plaque thanking him or her for support on a given issue. Cash gifts payable by check can only be made to campaign committees, not to a candidate personally or to staff; it is not permitted to give cash or stock. Wealthy lobbyists often encourage other lobbying clients to donate to a particular cause, in the hope that favors will be returned at a later date. Lobbyist Gerald Cassidy encouraged other clients to give for causes dear to a particular client engaged in a current lobbying effort. Some lobbyists give their own money: Cassidy reportedly donated a million dollars on one project, according to one report, which noted that Cassidy's firm received "many times that much in fees from their clients" paid in monthly retainers. And their clients, in turn, had received "hundreds of millions in earmarked appropriations" and benefits worth "hundreds of millions more". The dynamics of the lobbying world make it fairly easy for a semi-skilled operator to defraud a client. This is essentially what happened in the
Jack Abramoff Indian lobbying scandal The Jack Abramoff Indian lobbying scandal was a United States political scandal exposed in 2005; it related to fraud perpetrated by political lobbyists Jack Abramoff, Ralph E. Reed Jr., Grover Norquist and Michael Scanlon on Native American tribe ...
. There was a concerned client—in this case, an Indian casino—worried about possible ill-effects of legislation on its gambling business; and there were lobbyists such as
Jack Abramoff Jack Allan Abramoff (; born February 28, 1959) is an American lobbyist, businessman, film producer, writer, and convicted felon. He was at the center of an extensive corruption investigation led by Earl Devaney that resulted in his conviction ...
who knew how to exploit these fears. The lobbyists actively lobbied ''against'' their own casino-client as a way to ratchet up their fears of adverse legislation as well as stoke possible future contributions; the lobbyists committed other violations such as grossly overbilling their clients as well as violating rules about giving gifts to congresspersons. Numerous persons went to jail after the scandal. The following are factors which can make fraud a fairly easy-to-do activity: that lobbyists are paid only to ''try to'' influence decision-makers, and may or may not succeed, making it hard to tell if a lobbyist did actual work; that much of what happens regarding interpersonal relations is obscure despite rather strict disclosure and transparency requirements; that there are sizable monies involved—factors such as these almost guarantee that there will be future scandals involving fraudulent lobbying activity, according to one assessment. A fraud similar to Abramoff's was perpetrated in
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean t ...
by lobbyist Gerard E. Evans, who was convicted of mail and wire fraud in 2000 in a case involving falsely creating a "fictitious legislative threat" against a client, and then billing the client to work against this supposed threat. Lobbyists routinely monitor how congressional officials vote, sometimes checking the past voting records of congresspersons. One report suggested that reforms requiring "publicly recorded committee votes" led to more information about how congresspersons voted, but instead of becoming a valuable resource for the news media or voters, the information helped lobbyists monitor congressional voting patterns. As a general rule, lawmakers must vote as a particular interest group wishes them to vote, or risk losing support. Strategy usually dictates targeting specific office holders. On the state level, one study suggested that much of the lobbying activity targeted the offices of governors as well as state-level executive bureaucrats; state lobbying was an "intensely personal game" with face-to-face contact being required for important decisions. Lobbying can be a counteractive response to the lobbying efforts of others. One study suggested this was particularly true for battles surrounding possible decisions by the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
which is considered as a "battleground for public policy" in which differing groups try to "etch their policy preferences into law". Sometimes there are lobbying efforts to slow or derail other legislative processes; for example, when the FDA began considering a cheaper generic version of the costly anti-clotting drug
Lovenox Enoxaparin sodium, sold under the brand name Lovenox among others, is an anticoagulant medication (blood thinner). It is used to treat and prevent deep vein thrombosis (DVT) and pulmonary embolism (PE) including during pregnancy and following c ...
, the French pharmaceutical firm Sanofi "sprang into action to try and slow the process." Lobbyists are often assembled in anticipation of a potential takeover bid, particularly when there are large high-profile companies, or a large foreign company involved, and substantial concern that the takeover may be blocked by regulatory authorities. An example may illustrate. The company Tyco had learned that there had been discussion about a possible new tax provision that might have cost it $4 billion overall. So the firm hired Jack Abramoff and paid him a retainer of $100,000 a month. He assembled dozens of lobbyists with connections to key congressional committees with the ultimate objective being to influence powerful
Senator A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
Charles Grassley Charles Ernest Grassley (born September 17, 1933) is an American politician serving as the president pro tempore emeritus of the United States Senate, and the senior United States senator from Iowa, having held the seat since 1981. In 2022, he ...
. Abramoff began with a fundraising effort to round up "every check" possible. He sought funds from his other lobbying clients: :


Lobbyists as educators and advisors

"Government has grown so complex that it is a virtual certainty that more than one agency would be affected by any piece of legislation," according to one view. Lobbyists, therefore, spend considerable time learning the ins and outs of issues, and can use their expertise to educate lawmakers and help them cope with difficult issues. Lobbyists' knowledge has been considered to be an intellectual subsidy for lawmakers. Some lobbyists become specialists with expertise in a particular set of issues, although one study suggested that of two competing criteria for lobbyists—expertise or access—that access was far more important.
Lobby groups Advocacy groups, also known as interest groups, special interest groups, lobbying groups or pressure groups use various forms of advocacy in order to influence public opinion and ultimately policy. They play an important role in the developm ...
and their members sometimes also write legislation and
whip A whip is a tool or weapon designed to strike humans or other animals to exert control through pain compliance or fear of pain. They can also be used without inflicting pain, for audiovisual cues, such as in equestrianism. They are generally ...
bills, and in these instances, it is helpful to have lawyers skilled in writing legislation to assist with these efforts. It is often necessary to research relevant laws and issues beforehand. In many instances lobbyists write the actual text of the proposed law, and hire lawyers to "get the language down pat"—an omission in wording or an unclear phrase may open up a loophole for opponents to wrangle over for years. And lobbyists can often advise a lawmaker on how to navigate the approval process. Lobbying firms can serve as mentors and guides. For example, after months of protesting by the
Occupy Wall Street Occupy Wall Street (OWS) was a protest movement against economic inequality and the influence of money in politics that began in Zuccotti Park, located in New York City's Wall Street financial district, in September 2011. It gave rise to the ...
, one lobbying firm prepared a memo to its clients warning that Republicans may "turn on big banks, at least in public" which may have the effect of "altering the political ground for years to come." Here are parts of the memo which were broadcast on the
MSNBC MSNBC (originally the Microsoft National Broadcasting Company) is an American news-based pay television cable channel. It is owned by NBCUniversala subsidiary of Comcast. Headquartered in New York City, it provides news coverage and political ...
network.


A growing billion dollar business

Since the 1970s, there has been explosive growth in the lobbying industry, particularly in Washington D.C. By 2011, one estimate of overall lobbying spending nationally was $30+ billion dollars. An estimate of lobbying expenses in the federal arena was $3.5 billion in 2010, while it had been only $1.4 billion in 1998. And there is prodigious data since firms are required to disclose lobbying expenditures on a quarterly basis. The industry, however, is not immune to economic downturns. If Congress is gridlocked, such as during the summer and early fall of 2011, lobbying activity dipped considerably, according to ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large n ...
''. Lobbying firm Patton Boggs reported drops in revenue during that year, from $12 million in 2010 to $11 million in 2011. To cope with the downturn, some law firms compensated by increasing activity in litigation, regulatory work, and representing clients in congressional investigations. A sea-change in government, such as a shift in control of the legislature from one political party to the other, can affect the lobbying business profoundly. For example, the primarily Democratic-serving lobbying firm
Cassidy & Associates Cassidy & Associates is a government-relations firm based in Washington, D.C. In 2018, the company received $14,170,000 in income from various companies for lobbying of the United States government. According to The Washington Post its founder, Ge ...
learned that control of Congress would change hands from Democrats to Republicans in 1994, and the firm acquired Republican lobbyists before the congressional handover of power, and the move helped the lobbying firm stay on top of the new political realities.


Examples of lobbying

There are numerous examples of lobbying activity reported by the media. One report chronicled a somewhat unusual alliance of consumer advocates and industry groups to boost funding for the
Food and Drug Administration The United States Food and Drug Administration (FDA or US FDA) is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food ...
; the general pattern of lobbying efforts had been to try to reduce the regulatory oversight of such an agency. In this case, however, lobbying groups wanted the federal watchdog agency to have tougher policing authority to avert expensive problems when oversight was lax; in this case, industry and consumer groups were in harmony, and lobbyists were able to persuade officials that higher FDA budgets were in the public interest. Religious consortiums, according to one report, have engaged in a $400 million lobbying effort on such issues as the relation between church and state, civil rights for religious minorities, bioethics issues including abortion and capital punishment and end-of-life issues, and family issues.


Lobbying as a career

While national-level lobbyists working in Washington have the highest salaries, many lobbyists operating at the state level can earn substantial salaries. The table shows the top lobbyists in one state—
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean t ...
—in 2011. Top power-brokers such as Gerald Cassidy have made fortunes from lobbying:


Effectiveness of lobbying

The consensus is that lobbying generally works overall in achieving sought-after results for clients, particularly since it has become so prevalent with substantial and growing budgets, although there are dissenting views. A study by the investment-research firm Strategas which was cited in ''
The Economist ''The Economist'' is a British weekly newspaper printed in demitab format and published digitally. It focuses on current affairs, international business, politics, technology, and culture. Based in London, the newspaper is owned by The Eco ...
'' and ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large n ...
'' compared the 50 firms that spent the most on lobbying relative to their assets, and compared their financial performance against that of the
S&P 500 The Standard and Poor's 500, or simply the S&P 500, is a stock market index tracking the stock performance of 500 large companies listed on stock exchanges in the United States. It is one of the most commonly followed equity indices. As of ...
in the stock market; the study concluded that spending on lobbying was a "spectacular investment" yielding "blistering" returns comparable to a high-flying hedge fund, even despite the financial downturn of the past few years. A 2009 study by
University of Kansas The University of Kansas (KU) is a public research university with its main campus in Lawrence, Kansas, United States, and several satellite campuses, research and educational centers, medical centers, and classes across the state of Kansas. T ...
professor Raquel Meyer Alexander suggested that lobbying brought a substantial
return on investment Return on investment (ROI) or return on costs (ROC) is a ratio between net income (over a period) and investment (costs resulting from an investment of some resources at a point in time). A high ROI means the investment's gains compare favourably ...
. A 2011
meta-analysis A meta-analysis is a statistical analysis that combines the results of multiple scientific studies. Meta-analyses can be performed when there are multiple scientific studies addressing the same question, with each individual study reporting m ...
of previous research findings found a positive correlation between corporate political activity and firm performance. There are numerous reports that the
National Rifle Association The National Rifle Association of America (NRA) is a gun rights advocacy group based in the United States. Founded in 1871 to advance rifle marksmanship, the modern NRA has become a prominent gun rights lobbying organization while cont ...
or NRA successfully influenced 45 senators to block a proposed rule to regulate assault weapons, despite strong public support for gun control. The NRA spends heavily to influence gun policy; it gives $3 million annually to the re-election campaigns of congresspersons directly, and gives additional money to PACs and others to influence legislation indirectly, according to the '' BBC'' in 2016. There is widespread agreement that a key ingredient in effective lobbying is
money Money is any item or verifiable record that is generally accepted as payment for goods and services and repayment of debts, such as taxes, in a particular country or socio-economic context. The primary functions which distinguish money ar ...
. This view is shared by players in the lobbying industry. Still, effectiveness can vary depending on the situational context. One view is that large multiple-issue lobbies tend to be effective in getting results for their clients if they are sophisticated, managed by a legislative director familiar with the art of compromise, and play "political hardball". But if such lobbies became too big, such as large industrial trade organizations, they became harder to control, often leading to lackluster results. A study in 2001 which compared lobbying activity in US-style congressional against European-style parliamentary systems, found that in congressional systems there was an advantage favoring the "agenda-setters", but that in both systems, "lobbying has a marked effect on policies". One report suggested that the 1,000 registered lobbyists in
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
were highly influential such that they were called the ''Third House''. Studies of lobbying by academics in previous decades painted a picture of lobbying being an ineffectual activity, although many of these studies were done before lobbying became prevalent in American politics. A study in 1963 by Bauer, Pool, & Dexter suggested lobbyists were mostly "impotent" in exerting influence. Studies in the early 1990s suggested that lobbying exerted influence only "marginally", although it suggested that when lobbying activity did achieve political impacts, that the results of the political choices were sufficient to justify the expenditure on lobbying. A fairly recent study in 2009 is that Washington lobbies are "far less influential than political rhetoric suggests", and that most lobbying campaigns do not change any views and that there was a strong entrenchment of the
status quo is a Latin phrase meaning the existing state of affairs, particularly with regard to social, political, religious or military issues. In the sociological sense, the ''status quo'' refers to the current state of social structure and/or values. ...
. But it depends on what is seen as "effective", since many lobbying battles result in a stalemate, since powerful interests battle, and in many cases, merely keeping the "status quo" could be seen as a victory of sorts. What happens often is that varying coalitions find themselves in "diametrical opposition to each other" and that stalemates result. There is anecdotal evidence from numerous newspaper accounts of different groups battling that lobbying activity usually achieves results. For example, the
Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...
administration pledged to stop for-profit colleges from "luring students with false promises", but with this threat, the lobbying industry sprang into action with a $16 million campaign, and their efforts succeeded in watering down the proposed restrictions. How did the lobbying campaign succeed? Actions taken included: ::#spent $16 million ::#hired "all-star list" of prominent players including Democrats and Republicans with White House ties ::#plotted strategy ::#worked with "fund-raising bundler" Jamie Rubin, a former Obama communications director ::#won support from influential people including congressperson-turned-lobbyist
Dick Gephardt Richard Andrew Gephardt (; born January 31, 1941) is an American attorney, lobbyist, and politician who served as a United States Representative from Missouri from 1977 to 2005. A member of the Democratic Party, he was House Majority Leader fro ...
, senator-turned-lobbyist
John Breaux John Berlinger Breaux (; born March 1, 1944) is an American lobbyist, attorney, and retired politician who was a member of the United States Senate from Louisiana from 1987 until 2005. He was also a member of the U.S. House of Representatives ...
, lobbyist Tony Podesta, Washington Post CEO
Donald E. Graham Donald Edward Graham (born April 22, 1945) is the majority owner and chairman of Graham Holdings Company. He was formerly the publisher of ''The Washington Post'' (1979–2000) and later was the lead independent director of Facebook's board of di ...
, education entrepreneur and
University of Phoenix University of Phoenix (UoPX) is a private for-profit university headquartered in Phoenix, Arizona. Founded in 1976, the university confers certificates and degrees at the certificate, associate, bachelor's, master's, and doctoral degree leve ...
founder
John Sperling John Glen Sperling (January 9, 1921 – August 22, 2014) was an American billionaire businessman who is credited with having led the contemporary for-profit education movement in the United States The fortune he amassed was based on his founding ...
, others ::#key leaders made "impassioned appeals" ::#mobilization effort produced 90,000 public documents to the Education department advocating against changes And sometimes merely keeping the
status quo is a Latin phrase meaning the existing state of affairs, particularly with regard to social, political, religious or military issues. In the sociological sense, the ''status quo'' refers to the current state of social structure and/or values. ...
could be seen as a victory. When gridlock led to the supposed supercommittee solution, numerous lobbyists from all parts of the political spectrum worked hard, and a stalemate resulted, but with each side defended their own special interests. And while money is an important variable, it is one among many variables, and there have been instances in which huge sums have been spent on lobbying only to have the result backfire. One report suggested that the communications firm
AT&T AT&T Inc. is an American multinational telecommunications holding company headquartered at Whitacre Tower in Downtown Dallas, Texas. It is the world's largest telecommunications company by revenue and the third largest provider of mobile ...
failed to achieve substantial results from its lobbying efforts in 2011, since government antitrust officials rejected its plan to acquire rival
T-Mobile T-Mobile is the brand name used by some of the mobile communications subsidiaries of the German telecommunications company Deutsche Telekom AG in the Czech Republic ( T-Mobile Czech Republic), Poland ( T-Mobile Polska), the United States (T-Mobil ...
. Lobbying is a practical necessity for firms that "live and die" by government decisions, such as large government contractors such as Boeing. A study done in 2006 by ''
Bloomberg News Bloomberg News (originally Bloomberg Business News) is an international news agency headquartered in New York City and a division of Bloomberg L.P. Content produced by Bloomberg News is disseminated through Bloomberg Terminals, Bloomberg T ...
'' suggested that lobbying was a "sound money-making strategy" for the 20 largest federal contractors. The largest contractor, Lockheed Martin Corporation, received almost $40 billion in federal contracts in 2003–4, and spent $16 million on lobbying expenses and campaign donations. For each dollar of lobbying investment, the firm received $2,517 in revenues, according to the report. When the lobbying firm
Cassidy & Associates Cassidy & Associates is a government-relations firm based in Washington, D.C. In 2018, the company received $14,170,000 in income from various companies for lobbying of the United States government. According to The Washington Post its founder, Ge ...
began achieving results with earmarks for colleges and universities and medical centers, new lobbying firms rose to compete with them to win "earmarks of their own", a clear sign that the lobbying was exceedingly effective.


Lobbying controversies

Lobbying has been the subject of much debate and discussion. There is general consensus that lobbying has been a significant corrupting influence in American politics, although criticism is not universal, and there have been arguments put forward to suggest that the system is working properly.


Unfavorable image

Generally the image of lobbyists and lobbying in the
public sphere The public sphere (german: Öffentlichkeit) is an area in social life where individuals can come together to freely discuss and identify societal problems, and through that discussion influence political action. A "Public" is "of or concerning the ...
is not a positive one, although this is not a universal sentiment. Lobbyists have been described as a "hired gun" without principles or positions. Scandals involving lobbying have helped taint the image of the profession, such as ones involving lobbyist
Jack Abramoff Jack Allan Abramoff (; born February 28, 1959) is an American lobbyist, businessman, film producer, writer, and convicted felon. He was at the center of an extensive corruption investigation led by Earl Devaney that resulted in his conviction ...
, and congressmen
Randy "Duke" Cunningham Randall Harold "Duke" Cunningham (born December 8, 1941) is a former American politician, decorated Vietnam War veteran, fighter ace, and ex-felon. Cunningham served as a Republican member of the U.S. House of Representatives from California' ...
, and
Bob Ney Robert William Ney (born July 5, 1954) is an American politician from Ohio. A Republican, Ney represented Ohio's 18th congressional district in the U.S. House of Representatives from 1995 until November 3, 2006, when he resigned. Ney's resigna ...
and others, and which featured words such as "bribery", "lobbyist", "member of Congress" and "prison" tending to appear together in the same articles. Negative publicity can sully lobbying's image to a great extent: high-profile cases of lobbying fraud such as Abramoff's; dubious father-son exchange-of-favors ties; public officials such as
Newt Gingrich Newton Leroy Gingrich (; né McPherson; born June 17, 1943) is an American politician and author who served as the 50th speaker of the United States House of Representatives from 1995 to 1999. A member of the Republican Party, he was the U. ...
being accused and then denying accusations of having done lobbying and earning $1.6 million from "strategic advice". There are a variety of reasons why lobbying has acquired a negative image in public consciousness. While there is much disclosure, much of it happens in hard-to-disclose personal meetings, and the resulting secrecy and confidentiality can serve to lower lobbying's status.


Revolving door

Since the 1980s, congresspersons and staffers have been "going downtown"—becoming lobbyists—and the big draw is money. The "lucrative world of K Street" means that former congresspersons with even "modest seniority" can move into jobs paying $1 million or more annually, without including bonuses for bringing in new clients. The general concern of this revolving-door activity is that elected officials—persons who were supposed to represent the interests of citizens—have instead become entangled with the big-money interests of for-profit corporations and interest groups with narrow concerns, and that public officials have been taken over by private interests. In July 2005,
Public Citizen Public Citizen is a non-profit, progressive consumer rights advocacy group and think tank based in Washington, D.C., United States, with a branch in Austin, Texas. Lobbying efforts Public Citizen advocates before all three branches of the Unit ...
published a report entitled "The Journey from Congress to K Street": the report analyzed hundreds of lobbyist registration documents filed in compliance with the Lobbying Disclosure Act and the Foreign Agents Registration Act among other sources. It found that since 1998, 43 percent of the 198 members of Congress who left government to join private life have registered to lobby. A similar report from
OpenSecrets OpenSecrets is a nonprofit organization based in Washington, D.C., that tracks data on campaign finance and lobbying. It was created from a merger of the Center for Responsive Politics (CRP) and the National Institute on Money in Politics (NIMP) ...
found 370 former members were in the "influence-peddling business", with 285 officially registered as federal lobbyists, and 85 others who were described as providing "strategic advice" or "public relations" to corporate clients. ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large n ...
'' described these results as reflecting the "sea change that has occurred in lawmakers' attitudes toward lobbying in recent years." The report included a case study of one particularly successful lobbyist,
Bob Livingston Robert Linlithgow Livingston Jr. (born April 30, 1943) is an American lobbyist and politician who served as a U.S. Representative from Louisiana from 1977 to 1999. A Republican, he was chosen as Newt Gingrich's successor as Speaker of the U.S. ...
, who stepped down as Speaker-elect and resigned his seat in 1999. In the six years since his resignation,
The Livingston Group The Livingston Group (TLG) is the lobbying firm founded by former Congressman Bob Livingston in 1999 after he stepped down as Speaker-elect and resigned his seat. TLG describes its services on its official website, saying it provides comprehensive ...
grew into the 12th largest non-law lobbying firm, earning nearly $40 million by the end of 2004. During roughly the same time period, Livingston, his wife, and his two political action committees (PACs) contributed over $500,000 to the campaign funds of various candidates. The percentage of former members of Congress who become lobbyists has continued to increase. A 2019 study found that 59% of representatives who leave Congress to work in the private sector are working for lobbying or political consulting firms, trade groups or business groups tasked with influencing federal government policy. Numerous reports chronicle the ''revolving door'' phenomenon. A 2011 estimate suggested that nearly 5,400 former congressional staffers had become federal lobbyists over a ten-year period, and 400 lawmakers made a similar jump. It is a "symbiotic relationship" in the sense that lobbying firms can exploit the "experience and connections gleaned from working inside the legislative process", and lawmakers find a "ready pool of experienced talent." There is movement in the other direction as well: one report found that 605 former lobbyists had taken jobs working for lawmakers over a ten-year period. A study by the
London School of Economics , mottoeng = To understand the causes of things , established = , type = Public research university , endowment = £240.8 million (2021) , budget = £391.1 milli ...
found 1,113 lobbyists who had formerly worked in lawmakers' offices. The lobbying option is a way for staffers and lawmakers to "cash in on their experience", according to one view. Before the 1980s, staffers and aides worked many years for congresspersons, sometimes decades, and tended to stay in their jobs; now, with the lure of higher-paying lobbying jobs, many would quit their posts after a few years at most to "go downtown." And it is not just staffers, but lawmakers as well, including high-profile ones such as congressperson Richard Gephardt. He represented a "working-class" district in
Missouri Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas t ...
for many years but after leaving Congress, he became a lobbyist. In 2007, he began his own lobbying firm called "Gephardt Government Affairs Group" and in 2010 it was earning close to $7 million in revenues with clients including
Goldman Sachs Goldman Sachs () is an American multinational investment bank and financial services company. Founded in 1869, Goldman Sachs is headquartered at 200 West Street in Lower Manhattan, with regional headquarters in London, Warsaw, Bangalore, Ho ...
,
Boeing The Boeing Company () is an American multinational corporation that designs, manufactures, and sells airplanes, rotorcraft, rockets, satellites, telecommunications equipment, and missiles worldwide. The company also provides leasing and ...
,
Visa Inc. Visa Inc. (; stylized as ''VISA'') is an American multinational financial services corporation headquartered in San Francisco, California. It facilitates electronic funds transfers throughout the world, most commonly through Visa-branded cred ...
, Ameren Corporation, and Waste Management Inc. Senators Robert Bennett and Byron Dorgan became lobbyists too. Mississippi governor
Haley Barbour Haley Reeves Barbour (born October 22, 1947) is an American attorney, politician, and lobbyist who served as the 63rd governor of Mississippi from 2004 to 2012. A member of the Republican Party, he previously served as chairman of the Republican ...
became a lobbyist. In 2010, former representative
Billy Tauzin Wilbert Joseph Tauzin II (; born June 14, 1943) is an American lobbyist and politician. He was President and CEO of PhRMA, a pharmaceutical company lobby group. Tauzin was also a member of the United States House of Representatives from 1980 ...
earned $11 million running the drug industry's lobbying organization, called
Pharmaceutical Research and Manufacturers of America Pharmaceutical Research and Manufacturers of America (PhRMA, pronounced ), formerly known as the Pharmaceutical Manufacturers Association, is a trade group representing companies in the pharmaceutical industry in the United States. Founded in 195 ...
(PhRMA). His bill to provide prescription drug access to Medicare recipients gave major concessions to the pharmaceutical industry: (1) Medicare was prevented from negotiating lower costs for prescription drugs (2) the reimportation of drugs from first world countries was not allowed (3) Medicare D was undermined by a policy of Medigap D. After the bill passed a few months later, Tauzin retired from Congress and took an executive position at PhRMA to earn an annual salary of $2 million. Many former representatives earned over $1 million in one year, including James Greenwood and
Daniel Glickman Daniel Robert Glickman (born November 24, 1944) is an American politician, lawyer, lobbyist, and nonprofit leader. He served as the United States Secretary of Agriculture from 1995 until 2001, prior to which he represented as a Democrat in Cong ...
.


Insider's game

A similar concern voiced by critics of lobbying is that Washington politics has become dominated by elites, and that it is an "insider's game" excluding regular citizens and which favors entrenched firms. Individuals generally can not afford to lobby, and critics question whether corporations with "deeper pockets" should have greater power than regular persons. In this view, the system favors the rich, such that the "rich have gotten richer, the weak weaker", admits lobbyist Gerald Cassidy. There is concern that those having more money and better political connections can exert more influence than others. However, analyst Barry Hessenius made a case that the excessive for-profit lobbying could be counteracted if there were more efforts to increase nonprofit lobbying and boost their effectiveness. There is so much money that it has been described as a "flood" that has a "corrupting influence", so that the United States appears to be "awash" in interest groups. If coalitions of different forces battle in the political arena for favorable treatment and better rules and tax breaks, it can be seen as fair if both sides have equal resources and try to fight for their interests as best they can. Gerald Cassidy said: A related but slightly different criticism is that the problem with lobbying as it exists today is that it creates an "inequity of access to the decision-making process". As a result, important needs get left out of the political evaluation, such that there are no anti-hunger lobbies or lobbies seeking serious solutions to the problem of poverty. Nonprofit advocacy has been "conspicuously absent" from lobbying efforts, according to one view. Critics suggest that when a powerful coalition battles a less powerful one, or one which is poorly connected or underfunded, the result may be seen as unfair and potentially harmful for the entire society. The increasing number of former lawmakers becoming lobbyists has led Senator
Russ Feingold Russell Dana Feingold ( ; born March 2, 1953) is an American lawyer and politician who served as a United States Senator from Wisconsin from 1993 to 2011. A member of the Democratic Party, he was its nominee in the 2016 election for the same U ...
(D-WI) to propose paring back the many
Capitol Hill Capitol Hill, in addition to being a metonym for the United States Congress, is the largest historic residential neighborhood in Washington, D.C., stretching easterly in front of the United States Capitol along wide avenues. It is one of the ...
privileges enjoyed by former senators and representatives. His plan would deprive lawmakers-turned-lobbyists of privileges such as unfettered access to otherwise "members only" areas such as the House and Senate floors and the House gym.


Choice-making problems

A concern among many critics is that influence peddling hurts overall decision making, according to this criticism. Proposals with merit are dropped in favor of proposals backed by political expediency. An example cited in the media is the recent battling between food industry lobbyists and healthcare lobbyists regarding school lunches. A group supported by the
United States Department of Agriculture The United States Department of Agriculture (USDA) is the federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, and food. It aims to meet the needs of comme ...
proposed healthier lunches as a way to combat
childhood obesity Childhood obesity is a condition where excess body fat negatively affects a child's health or well-being. As methods to determine body fat directly are difficult, the diagnosis of obesity is often based on BMI. Due to the rising prevalence o ...
by limiting the number of potatoes served, limiting salty foods, and adding more fresh vegetables, but this group was countered by a strong food lobby backed by
Coca-Cola Coca-Cola, or Coke, is a carbonated soft drink manufactured by the Coca-Cola Company. Originally marketed as a temperance bar, temperance drink and intended as a patent medicine, it was invented in the late 19th century by John Stith Pembe ...
, Del Monte, and makers of frozen pizza. The food lobbyists succeeded in blocking the proposed reforms, even writing rules suggesting that the tomato paste on a
pizza Pizza (, ) is a dish of Italian origin consisting of a usually round, flat base of leavened wheat-based dough topped with tomatoes, cheese, and often various other ingredients (such as various types of sausage, anchovies, mushrooms, on ...
qualified as a
vegetable Vegetables are parts of plants that are consumed by humans or other animals as food. The original meaning is still commonly used and is applied to plants collectively to refer to all edible plant matter, including the edible flower, flowers, ...
, but overall, according to critics, this case appeared to be an example where business interests won out over health concerns. Critics use examples such as these to suggest that lobbying distorts sound governance. A study by
IMF The International Monetary Fund (IMF) is a major financial agency of the United Nations, and an international financial institution, headquartered in Washington, D.C., consisting of 190 countries. Its stated mission is "working to foster glob ...
economists found that the "heaviest lobbying came from lenders making riskier loans and expanding their mortgage business most rapidly during the housing boom," and that there were indications that heavy-lobbying lenders were more likely to receive bailout funds. The study found a correlation between lobbying by financial institutions and excessive risk-taking during 2000–2007, and the authors concluded that "politically active lenders played a role in accumulation of risks and thus contributed to the financial crisis". Another study suggested that governments tend to protect domestic industries, and have a habit of shunting monies to ailing sectors; the study suggested that "it is not that government policy picks losers, it is that losers pick government policy." One critic suggested that the financial industry has successfully blocked attempts at regulation in the aftermath of the 2008 financial collapse.


Governmental focus

Critics have contended that when lawmakers are drawn into battles to determine issues such as the composition over school lunches or how much an ATM fee should be, more serious issues such as deficit reduction or
global warming In common usage, climate change describes global warming—the ongoing increase in global average temperature—and its effects on Earth's climate system. Climate change in a broader sense also includes previous long-term changes to ...
or
social security Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifical ...
are neglected. It leads to legislative inertia. The concern is that the preoccupation with what are seen as superficial issues prevents attention to long-term problems. Critics suggested that the 2011 Congress spent more time discussing per-transaction debit-card fees while neglecting issues seen as more pressing.


Methodological problems

In this line of reasoning, critics contend that lobbying, in and of itself, is not the sole problem, but only one aspect of a larger problem with American governance. Critics point to an interplay of factors: citizens being uninvolved politically; congresspersons needing huge sums of money for expensive television advertising campaigns; increased complexity in terms of technologies; congresspersons spending three days of every week raising money; and so forth. Given these temptations, lobbying came along as a logical response to meet the needs of congresspersons seeking campaign funds and staffers seeking personal enrichment. In a sense, in competitive politics, the
common good In philosophy, economics, and political science, the common good (also commonwealth, general welfare, or public benefit) is either what is shared and beneficial for all or most members of a given community, or alternatively, what is achieved by c ...
gets lost: A lobbyist can identify a client's needs. But it is hard for a single individual to say what is best for the whole group. The intent of the Constitution's Framers was to have built-in constitutional protections to protect the common good, but according to these critics, these protections do not seem to be working well:
Lawrence Lessig Lester Lawrence Lessig III (born June 3, 1961) is an American academic, attorney, and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvard ...
, a professor at
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each c ...
and author of '' Republic, Lost'', suggested that the moneyed persuasive power of special interests has insinuated itself between the people and the lawmakers.Lessig, L. (2011
''Republic, Lost: How Money Corrupts Congress – and a Plan to Stop It''
(New York City: Hachette/Twelve
excerpt
/ref> He quoted
congressperson A Member of Congress (MOC) is a person who has been appointed or elected and inducted into an official body called a congress, typically to represent a particular constituency in a legislature. The term member of parliament (MP) is an equival ...
Jim Cooper who remarked that Congress had become a "Farm League for K Street" in the sense that congresspersons were focused on lucrative lobbying careers after Congress rather than on serving the public interest while in office. In a speech, Lessig suggested the structure of incentives was such that legislators were tempted to propose unnecessary regulations as a way to further lobbying industry activity. According to one view, major legislation such as proposed Wall Street reforms have spurred demand for "participating in the regulatory process." Lessig suggested the possibility that it was not corporations deciding to take up lobbying, but Congress choosing to debate less-than-important issues to bring well-heeled corporations into the political fray as lobbyists. As a result of his concerns, Lessig has called on state governments to summon a Second Constitutional Convention to propose substantive reform. Lessig believes that a constitutional amendment should be written to limit political contributions from non-citizens, including corporations, anonymous organizations, and foreign nationals. Scholars such as
Richard Labunski Richard Labunski is an American journalism professor at the University of Kentucky and newspaper columnist who is an outspoken advocate for reforming the United States Constitution in his book ''The Second Constitutional Convention''. He has be ...
, Sanford Levinson, Glenn Reynolds, Larry Sabato, as well as newspaper columnist
William Safire William Lewis Safire (; Safir; December 17, 1929 – September 27, 2009Safire, William (1986). ''Take My Word for It: More on Language.'' Times Books. . p. 185.) was an American author, columnist, journalist, and presidential speechwriter. He ...
, and activists such as John Booth of ''RestoringFreedom.org'' have called for constitutional changes that would curb the powerful role of money in politics.


Expansion of lobbying

Law in the United States is generally made by
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
, but as the federal government has expanded during much of the twentieth century, there are a sizeable number of federal agencies, generally under the control of the
president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
. These agencies write often industry-specific rules and regulations regarding such things as automobile safety and air quality. Unlike elected congresspersons who are constantly seeking campaign funds, these appointed officials are harder to influence, generally. However, there are indications that lobbyists seek to expand their influence from the halls of Congress deeper into the federal bureaucracy. President Obama pledged during the election campaign to rein in lobbying. As president in January 2009, he signed two
executive orders ''Executive Orders'' is a techno-thriller novel, written by Tom Clancy and released on July 1, 1996. It picks up immediately where the final events of '' Debt of Honor'' (1994) left off, and features now- U.S. President Jack Ryan as he tries t ...
and three presidential memoranda to help ensure his administration would be more open, transparent, and accountable. These documents attempted to bring increased accountability to federal spending and limit the influence of special interests, and included a lobbyist gift ban and a revolving door ban. In May 2009, the ''Recovery Act Lobbying Rules''. The Executive Branch Reform Act, H.R. 985, was a bill which would have required over 8,000 Executive Branch officials to report into a public database nearly any "significant contact" from any "private party." The purpose was to identify lobbying activity. The bill was supported by proponents as an expansion of "government in the sunshine" including groups such as ''
Public Citizen Public Citizen is a non-profit, progressive consumer rights advocacy group and think tank based in Washington, D.C., United States, with a branch in Austin, Texas. Lobbying efforts Public Citizen advocates before all three branches of the Unit ...
''. But the proposals ran into serious opposition from various groups including the lobbying industry itself. Opponents argued that the proposed reporting rules would have infringed on the right to petition, making it difficult not just for lobbyists, but for regular citizens to communicate their views on controversial issues without having their names and viewpoints entered into a government database. Opposition groups suggested that although the proposed rules were promoted as a way to regulate "lobbyists," persons described as a "private party" could be practically anybody, and that anybody contacting a federal official might be deemed to be a "lobbyist". The U.S. Department of Justice raised constitutional and other objections to the bill. Opponents mobilized over 450 groups including the U.S. Chamber of Commerce and
National Association of Realtors The National Association of Realtors (NAR) is an American trade association for those who work in the real estate industry. It has over 1.4 million members, making it one of the biggest trade associations in the USA including NAR's institutes, so ...
with letter writing campaigns against the proposed restrictions. Lobbyist Howard Marlowe argued in a "stern letter" that the restriction on gift-giving to federal employees would create "fear of retribution for political donations": In 2011, there were efforts to "shift regulatory power from the executive branch to Congress" by requiring that any "major rule" which may cost the economy more than $100 million must be decided by Congress with an up-or-down vote. But skeptics think that such a move proposed by Republican lawmakers could "usher in a lobbying bonanza from industry and other special-interest groups" to use campaign contributions to reshape the regulatory milieu.


Potential for reform

Critics suggest that Congress has the power to fix itself, but is reluctant to sacrifice money and power. One report suggested that those in control had an "unbroken record of finding ways to navigate around reform laws or turn regulatory standards to their own advantage."


Arguments for lobbying

There are counterarguments that the system is working as it should, despite being rather messy. According to this line of argument, the Madisonian view of politics—in which factions were supposed to compete with other factions—is working exactly as it should. Competing factions, or in this case, competing interest groups, square off. Battling happens within the federal government, but instead of by settling arguments by elections, arguments are settled by powerful interest groups fighting each other, often financially. And it might appear to members of groups which lost in a lobbying battle that the ''reason'' for their loss was that the other side lobbied unfairly using more money. There are numerous instances in which opposed lobbies stalemate, and instances in which these stalemates have been seen as a positive result. And sometimes powerful financial interests lose the battle. Lobbying brings valuable information to policymakers, according to another argument in favor of lobbying. Since lobbyists often become highly knowledgeable about a specific issue by studying it in depth over years, they can bring considerable expertise to help legislators avoid errors as well as grasp the nuances of complex issues. This information can also help Congress oversee numerous federal agencies which often regulate complex industries and issue highly detailed and specific rulings. Accordingly, it is difficult for Congress to keep track of what these agencies do. It has been argued that lobbyists can help Congress monitor this activity by possibly raising "red flags" about proposed administrative rulings. Further, congresspersons can quickly gauge where they stand about a proposed administrative ruling simply by seeing which lobbying groups support the proposal, and which oppose it. Another argument in support of lobbying is that different interest groups and lobbyists, while trying to build coalitions and win support, often amend or soften or change their positions in this process, and that interest groups and lobbyists regulate each other, in a sense. But a more general sentiment supporting the lobbying arrangement is that every citizen can be construed as being "represented" by dozens of special interests: If powerful groups such as the oil industry succeed in winning a battle in government, consumers who drive gas-powered cars can benefit a bit, according to this view. Even readers of Wikipedia could be conceived as being a ''special interest'' and represented by various lobbies. For example, opponents of the Stop Online Piracy Act believed that the act might restrict sites such as Wikipedia; on January 18, 2012, as a form of protest and as a way to encourage readers and contributors of English Wikipedia to write their congresspersons, the online encyclopedia was "
blacked out ''Blacked Out'' is a studio album by American country rap duo Moonshine Bandits from California. It was released on July 17, 2015 via Average Joes Entertainment. It features guest appearances from Bubba Sparxxx, Colt Ford, Crucifix, Demun Jone ...
for a day as part of an effort to lobby the government. Another view in support of lobbying is that it serves a helpful purpose as helping guard against extremism. According to this view, lobbying adds "built-in delays" and permits and encourages opposing lobbies to battle. In the battling, possibly damaging decrees and incorrect decisions are stymied by seemingly unhelpful delays and waits. A slightly different view is that lobbying is no different from other professions:


The regulatory environment


Disclosure and domestic regulations

Generally, the United States requires systematic disclosure of lobbying, and it may be one of the few countries to have such extensive requirements. Disclosure in one sense allows lobbyists and public officials to justify their actions under the banner of openness and with full compliance of the law. The rules often specify how much a lobbyist can spend on specific activities, and how to report expenses; many of the laws and guidelines are specified in the
Lobbying Disclosure Act of 1995 The Lobbying Disclosure Act of 1995 () was legislation in the United States aimed at bringing increased accountability to federal lobbying practices in the United States. The law was amended substantially by the Honest Leadership and Open Gov ...
. Transparency and disclosure requirements mean that there are volumes of statistics available for all kinds of analyses—by journalists, by the public, by rival lobbying efforts. Researchers can subdivide lobbying expenditures by numerous breakdowns, such as by contributions from energy companies. Sometimes defining clearly who is a "lobbyist" and what precisely are ''lobbying activities'' can be difficult. According to the Lobbying Disclosure Act, several authorized definitions include: * ''Lobbying activities'' means "lobbying contacts and efforts in support of such contacts, including preparation and planning activities, research and other background work that is intended, at the time it is performed, for use in contacts, and coordination with the lobbying activities of others." * ''Lobbying contact'' means "any oral or written communication (including an electronic communication) to a covered executive branch official or a covered legislative branch official". Still, distinguishing ''lobbyists'' from a ''strategic adviser'' can be difficult, since the duties of each can often overlap and are hard to define precisely. There have been issues raised about what constitutes the difference between a ''lobbyist'' and a ''bundler''; one report described ''bundlers'' as "supporters who contribute their own money to his campaign and solicit it from others", and there was a question whether such persons were really ''lobbyists'' involved with raising campaign monies for the election of
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
, and whether Obama had broken his own pledge not to receive money from lobbyists. The legal ramifications of lobbying are further intertangled with aspects of campaign finance reform, since lobbyists often spend time seeking donations for the reelection efforts of congresspersons; sorting out these issues can pose ethical challenges. There are numerous regulations governing the practice of lobbying, often ones requiring transparency and disclosure. People paid to lobby must register with the secretary of the Senate and the clerk of the House of Representatives within 45 days of contacting a legislator for the first time, or 45 days after being employed. An exception is that lobbyists who earn less than $3,000 per client for each fiscal quarter, or whose total lobbying expenses are less than $11,500 each quarter, do not need to register. Part-time lobbyists are exempt from registering unless they spend more than 20% of their working hours doing lobbying activities in any quarter. If lobbyists have two or more contacts with a legislator as a lobbyist, then they must register. Requirements for registering also apply to companies that specialize in lobbying, or ones that have an in-house lobbyist, particularly if they spend more than $11,500 on lobbying. Generally, nonprofit organizations, other than churches, are exempt from registering if they hire an outside lobbying firm. Filing must be made each quarter, and a separate file is needed for each of the lobbyist's clients, and include information such as the name and title of the client, an estimate of lobbying expenses, and an estimate of income the lobbyist achieved after doing the lobbying. States, in addition, are moving in the direction of greater disclosure and transparency regarding lobbying activities.
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
has an online database called ''Cal-Access'' although there were reports that it has been underfunded. Money collected from registration fees are often used to pay for the disclosure services such as Cal-Access. There were complaints in
Illinois Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rock ...
that the disclosure requirements were often not rigorous enough and allowed lobbyists to work "without public notice" and with possible "conflicts of interest". Many local municipalities are requiring legislative agents register as lobbyists to represent the interests of clients to local city council members such as in the swing state of Ohio cities such as Columbus and Cincinnati. Laws requiring disclosure have been more prevalent in the twentieth century. In 1946, there was a so-called "sunshine law" requiring lobbyists to disclose what they were doing, on whose behalf, and how much they received in payment. The resulting
Federal Regulation of Lobbying Act of 1946 The Federal Regulation of Lobbying Act of 1946 is a statute enacted by the United States Congress to reduce the influence of lobbyists. The primary purpose of the Act was to provide information to members of Congress about those that lobby them. Th ...
governed lobbying rules up until 1995 when the Lobbying Disclosure Act replaced it. The Federal Election Campaign Act of 1971, later amended in 2002 as the McCain Feingold Act, had rules governing campaign contributions. Each branch of Congress has rules as well. Legislation generally requires reports containing an accounting of major expenditures as well as legislation that was influenced; the wording of some of the pertinent laws can be found in . Lobbying law is a constantly evolving field; the
American Bar Association The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of aca ...
published a book of guidelines in 2009 with over 800 pages. The laws are often rather specific, and when not observed, can lead to serious trouble. Failing to file a quarterly report, or knowingly filing an incorrect report, or failing to correct an incorrect report, can lead to fines up to $200,000 and imprisonment up to five years. Penalties can apply to lobbyists who fail to list gifts made to a legislator. In other situations, the punishment can be light: for example, Congressional aide-turned-lobbyist Fraser Verrusio spent a few hours in jail after pleading guilty to taking a client to a
World Series The World Series is the annual championship series of Major League Baseball (MLB) in the United States and Canada, contested since 1903 between the champion teams of the American League (AL) and the National League (NL). The winner of the Worl ...
baseball game and failing to report it. Tax rules can apply to lobbying. In one situation, the charity ''Hawaii Family Forum'' risked losing its tax-exempt status after it had engaged in lobbying activity; federal tax law requires charities such as that one to limit their lobbying to 20% of their overall expenditures or else be eligible for being taxed like a for-profit corporation. Lobbyists sometimes support rules requiring greater transparency and disclosure: : Scandals can spur impetus towards greater regulation as well. The
Jack Abramoff Indian lobbying scandal The Jack Abramoff Indian lobbying scandal was a United States political scandal exposed in 2005; it related to fraud perpetrated by political lobbyists Jack Abramoff, Ralph E. Reed Jr., Grover Norquist and Michael Scanlon on Native American tribe ...
, which started in the 1990s and led to a guilty plea in 2006, inspired the Legislative Transparency and Accountability Act of 2006 (). According to ''
Time Magazine ''Time'' (stylized in all caps) is an American news magazine based in New York City. For nearly a century, it was published weekly, but starting in March 2020 it transitioned to every other week. It was first published in New York City on Ma ...
'' the Senate bill: # barred lobbyists themselves from buying gifts and meals for legislators, but left a loophole in which firms and organizations represented by those lobbyists could still dole out gifts and perks; # allowed privately funded trips if lawmakers got prior approval from a commissioned ethics committee; # required lobbyists to file frequent and detailed activity reports and have them posted publicly. The bill was approved in 2006 by a 90–8 vote. In 1995, the
104th Congress The 104th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from January 3, 199 ...
tried to reform Lobbying by passing the ''
Lobbying Disclosure Act of 1995 The Lobbying Disclosure Act of 1995 () was legislation in the United States aimed at bringing increased accountability to federal lobbying practices in the United States. The law was amended substantially by the Honest Leadership and Open Gov ...
'' which defines and requires lobbyists who are compensated for their actions to register with congressional officials. The legislation was later amended by the ''Lobbying Disclosure Technical Amendments Act of 1998''. There were subsequent modifications leading to the Honest Leadership and Open Government Act of 2007. The ''Lobbying Transparency and Accountability Act of 2006'' () legislation modified Senate rules, although some senators and a coalition of good-government groups assailed the bill as being too weak. The
Honest Leadership and Open Government Act The Honest Leadership and Open Government Act of 2007 () is a law of the United States federal government that amended parts of the Lobbying Disclosure Act of 1995. It strengthens public disclosure requirements concerning lobbying activity an ...
of 2007 was a comprehensive
ethics Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concer ...
and lobbying reform bill, (), which passed in 2007 in the
House A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air cond ...
and
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
by a large majority. A parallel Senate version of the legislation, (), passed in 2007 by a nearly unanimous vote. After the House & Senate resolved their differences and passed an amended revision, President Bush signed the enrolled bill into law (). Some states have considered banning government employees permanently from lobbying on issues they had worked on. For example, there was a proposal along these lines to prevent county employees in
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean t ...
from ever lobbying on issues they had worked on. The proposal insisted that county officials post financial disclosures as well as prohibit gifts from contractors. Jack Abramoff, emerging from prison, has spoken publicly about lobbying. In his view, regulations designed to rein in the excesses of lobbying have not been effective, and reforms and regulations have not cleaned up the system "at all". Abramoff said lobbyists could "find a way around just about any reform Congress enacted", and gave an example: A similar view suggested that lobbying reform efforts have been "fought tooth and nail to prevent its passage" since the people with the power to reform would curtail their own powers and income flows.


Foreign lobbying

Since commerce worldwide is becoming more integrated, with firms headquartered in one country increasingly doing business in many other countries, it is logical to expect that lobbying efforts will reflect the increasing
globalization Globalization, or globalisation (Commonwealth English; see spelling differences), is the process of interaction and integration among people, companies, and governments worldwide. The term ''globalization'' first appeared in the early 20t ...
. Sometimes foreign-owned corporations will want to lobby the United States government, and in such instances, new rules can apply, since it can be particularly thorny resolving whether
national security National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military att ...
interests are at stake and how they might be affected. In 1938, the ''Foreign Agents Registration Act'' required an explicit listing of all political activities undertaken by a lobbyist on behalf of any foreign principal. There were serious concerns about lobbying firms representing foreign entities – and potentially values opposed to American principles – after Axis power agitprop was planted in American soils during
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...
through the efforts of public-relations specialist Ivy Lee's proxy firm " German Dye Trust".Silverstein, Ken. "Their Men in Washington: Undercover with D.C.'s lobbyists for hire". Harpers Magazine. July 2007. As a result, in 1938, the Foreign Agents Registration Act or FARA was passed by Congress, and this law required foreign lobbyists to share information about their contracts with the Justice Department.Silverstein, Ken. "Their Men in Washington: Undercover with D.C.'s lobbyists for hire". Harpers Magazine. July 2007. FARA's mandate was to disclose to policymakers the sources of information that influenced public opinions, policies, and law. However, the goal was not to restrict the speech of the lobbyist or the content of the lobbying. Nonetheless, it was estimated that less than half of foreign lobbyists who should have registered under FARA actually did so. By the 1960s, perceived failures in FARA's enforcement led to public outcry against lobbying excesses, while revelations of foreign bribery circulated regularly well into the early 1970s.Keffer, Jone M. and Hill, Roland Paul. "Ethical Approach to Lobbying Activities of Businesses in the United States", Journal of Business Ethics, 16.12/13 (1997): 1371–1379 This prompted legislation proposed to reduce the autonomy of foreign firms, most of which was not ratified for concerns over a lack of constitutionality. While the House of Representatives passed a rule to increase public scrutiny of foreign lobbying, one estimate was that about 75% of lobbyists were exempt from a registration requirement, including individuals representing foreign interests. A general trend is that the number of lobbyists representing foreign companies is rising. The case of Washington's APCO Worldwide, a firm which represented the dictatorship of
General Sani Abacha Sani Abacha (20 September 1943 – 8 June 1998) was a Nigerian military officer and politician who ruled as the military head of state of Nigeria from 1993 until his death in 1998. He seized power on 17 November 1993 in the last successful c ...
of Nigeria in 1995 whose regime had hanged nine pro-democracy activists, attracted negative publicity. While current law forbids foreign nations from contributing to federal, state, or local elections, loopholes allow American subsidiaries of foreign corporations to establish so-called ''separated segregated funds'' or SSFs to raise money.The Harvard Law Reviews Association. "Foreign" Campaign Contributions and the First Amendment. Harvard Law Review, 110.8 (1986): 1886–1903 According to one view, the definition of which firms are defined as "foreign" was unclear, and the lack of clarity undermines the ability to regulate their activity. Foreign-funded lobbying efforts include those of
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
,
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the Ara ...
,
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a transcontinental country located mainly on the Anatolian Peninsula in Western Asia, with a small portion on the Balkan Peninsula ...
,
Egypt Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a List of transcontinental countries, transcontinental country spanning the North Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via a land bridg ...
,
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
,
Libya Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiyā), is a country in the Maghreb region in North Africa. It is bordered by the Mediterranean Sea to the north, Egypt to the east, Suda ...
, and
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
lobbies. In 2010, foreign governments spent approximately $460 million on lobbying
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
and the U.S. Government. Between 2015 and 2017, the Saudi Arabia paid $18 million to 145 registered lobbyists to influence the U.S. government.As Trump Travels to Saudi Arabia, the Kingdom's D.C. Lobbying Surge Is Paying Off
. ''
The Intercept ''The Intercept'' is an American left-wing news website founded by Glenn Greenwald, Jeremy Scahill, Laura Poitras and funded by billionaire eBay co-founder Pierre Omidyar. Its current editor is Betsy Reed. The publication initially report ...
''. May 19, 2017.
While Congress has tried to quell criticisms against the leverage of domestic lobbying firms by updating domestic lobbying legislation – such as the revision of the Lobbyist Disclosure Act in 1997)Atieh, Jahad. "Foreign Agents: Updating FARA to Protect American Democracy." University of Pennsylvania Journal of International Law. 1052 (Fall 2009): 1051–1088—there was a report that its inaction in rectifying loopholes in foreign lobbying regulation has led to scandals. There was a report of an upsurge of lobbying by foreign-owned U.S. subsidiaries against Democratic efforts to limit campaign spending in early 2010.Bravin, Jess and Mullins, Brody
"Foreign Spending on Politics Fought"
''
The Wall Street Journal ''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
''. January 9, 2010.
The proposed was to restrict lobbying by U.S. subsidiaries of foreign firms. In 2011, the Chinese firm Alibaba hired a lobbying firm in Washington when it began contemplating a purchase of the U.S. firm
Yahoo! Yahoo! (, styled yahoo''!'' in its logo) is an American web services provider. It is headquartered in Sunnyvale, California and operated by the namesake company Yahoo Inc., which is 90% owned by investment funds managed by Apollo Global Mana ...
. There was a case in which a lobbying effort described as "extraordinary" was trying to change the designation of a fringe Iranian opposition group from being a terrorist organization to being a benign organization. Lobbyists seeking to downgrade the designation hired influential foreign affairs officials, including former
CIA The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian foreign intelligence service of the federal government of the United States, officially tasked with gathering, processing, ...
directors, a former FBI director, and others to advocate for the change of designation. But there have been others accused of illegally lobbying for foreign nations or who failed to register as a foreign agent who may face prison time as a result.


See also

*
United States Chamber of Commerce The United States Chamber of Commerce (USCC) is the largest lobbying group in the United States, representing over three million businesses and organizations. The group was founded in April 1912 out of local chambers of commerce at the urgin ...
* History of lobbying in the United States * Political action committee *
National Rifle Association The National Rifle Association of America (NRA) is a gun rights advocacy group based in the United States. Founded in 1871 to advance rifle marksmanship, the modern NRA has become a prominent gun rights lobbying organization while cont ...
*
Second Constitutional Convention of the United States The calling of a Second Constitutional Convention of the United States is a proposal made by some academics and activists from across the political spectrum for the purpose of making substantive reforms to the federal government of the United Stat ...
*
AARP AARP (formerly called the American Association of Retired Persons) is an interest group in the United States focusing on issues affecting those over the age of fifty. The organization said it had more than 38 million members in 2018. The magazi ...
(formerly the American Association of Retired Persons) *
Honest Leadership and Open Government Act The Honest Leadership and Open Government Act of 2007 () is a law of the United States federal government that amended parts of the Lobbying Disclosure Act of 1995. It strengthens public disclosure requirements concerning lobbying activity an ...
of 2007 *
Israel lobby in the United States The Israel lobby (at times called the Zionist lobby) are individuals and groups seeking to influence the United States government to better serve Israel's interests. The largest pro-Israel lobbying group is Christians United for Israel with over ...
*
American Israel Public Affairs Committee The American Israel Public Affairs Committee (AIPAC ) is a lobbying group that advocates pro-Israel policies to the legislative and executive branches of the United States. One of several pro-Israel lobbying organizations in the United Stat ...
* Diaspora politics in the United States *
China Lobby In American politics, the China lobby consisted of advocacy groups calling for American support for the Republic of China during the period from the 1930s until US recognition of the People's Republic of China in 1979, and then calling for cl ...
* Turkish lobby in the United States * Libya lobby in the United States *
Saudi Arabia lobby in the United States The Saudi Arabia lobby in the United States is a collection of lawyers, public relation firms and professional lobbyists paid directly by the government of Saudi Arabia to lobby the public and government of the United States on behalf of the interes ...
*
Fossil fuels lobby The fossil fuels lobby includes paid representatives of corporations involved in the fossil fuel industry ( oil, gas, coal), as well as related industries like chemicals, plastics, aviation and other transportation. Because of their wealth and ...
* Florida Institute of CPAs * Albanian American Civic League *
American Automobile Association American Automobile Association (AAA – commonly pronounced as "Triple A") is a federation of motor clubs throughout North America. AAA is a privately held not-for-profit national member association and service organization with over 60 m ...
*
OpenSecrets OpenSecrets is a nonprofit organization based in Washington, D.C., that tracks data on campaign finance and lobbying. It was created from a merger of the Center for Responsive Politics (CRP) and the National Institute on Money in Politics (NIMP) ...
* Arab lobby in the United States *
Jack Abramoff Indian lobbying scandal The Jack Abramoff Indian lobbying scandal was a United States political scandal exposed in 2005; it related to fraud perpetrated by political lobbyists Jack Abramoff, Ralph E. Reed Jr., Grover Norquist and Michael Scanlon on Native American tribe ...
* Jerry Lewis – Lowery lobbying firm controversy *
Lobbying Disclosure Act of 1995 The Lobbying Disclosure Act of 1995 () was legislation in the United States aimed at bringing increased accountability to federal lobbying practices in the United States. The law was amended substantially by the Honest Leadership and Open Gov ...
* Money loop *
Mothers Against Drunk Driving Mothers Against Drunk Driving (MADD) is a non-profit organization in the United States, Canada and Brazil that seeks to stop drunk driving, support those affected by drunk driving, prevent underage drinking, and strive for stricter impaired drivin ...
* '' United States v. Harriss'' * NARFE (National Active and Retired Federal Employees) * Dark money


References


Notes

# Federalist No. 10. p. 56 of the Dawson edition at Wikisource. # Federalist No. 10. p. 58 of the Dawson edition at Wikisource. # Federalist No. 10. p. 60 of the Dawson edition at Wikisource.


Further reading

* * Baumgartner, Frank R., and Beth L. Leech. ''Basic Interests: The Importance of Groups in Politics and in Political Science'' (1998), 64–82, reviews the political science literature on interest groups * Blanes i Vidal, Jordi; Mirko Draca and Christian Fons-Rosen
Revolving Door Lobbyists
5th Annual Conference on Empirical Legal Studies Paper, July 2010 * Clemens, Elisabeth S. ''The People's Lobby: Organizational Innovation and the Rise of Interest-Group Politics in the United States, 1890–1925'' (1997) * Hansen, John M. ''Gaining Access: Congress and the Farm Lobby, 1919–1981'' (1991). * * * * * Thompson, Margaret S. ''The "Spider Web": Congress and Lobbying in the Age of Grant'' (1985) on 1870s *
online
* Zelizer, Julian E. ''Arsenal of Democracy: The Politics of National Security – From World War II to the War on Terrorism'' (2009
excerpt and text search


External links


Lobbying Database
from
OpenSecrets OpenSecrets is a nonprofit organization based in Washington, D.C., that tracks data on campaign finance and lobbying. It was created from a merger of the Center for Responsive Politics (CRP) and the National Institute on Money in Politics (NIMP) ...

FollowtheMoney.org


(from "500 Leading U.S. Progressive Organizations by Category")
Sourcewatch

Lobbyists.info
database of lobbyists and government relations professionals
Open Secrets glossary



Sunlight Foundation

US Senate Lobbying-Database Search

US House of Representatives-Lobby Contributions Search

Report on AIPAC lobbying

Lobbyists 4 Good

Moral lobbying
techniques for persuading state legislators {{DEFAULTSORT:Lobbying In The United States