Lobbying Ethics
By Judy Nadler and Miriam Schulman
These materials were prepared for the Markkula Center for
Applied Ethics program in Government Ethics by Senior Fellow
Judy Nadler and Communications Director Miriam Schulman. The
Center provides training in local government ethics for public
officials. For more information, contact Judy
Nadler.
What is lobbying?
What does lobbying have to do with ethics?
What ethical dilemmas does lobbying present?
Resources on lobbying and government ethics
What is lobbying?
Most people think they know what lobbying means, but this field
is one where the definition is part of the controversy. One
clear definition is offered in the "Principles for the
Ethical Conduct of Lobbying" developed by Georgetown's
Woodstock Center: Lobbying "means the deliberate attempt
to influence political decisions through various forms of advocacy
directed at policymakers on behalf of another person, organization
or group."
That meaning is broader, however, than the legal definition
contained in the Lobbying Disclosure Act of 1995, the federal
legislation that regulates lobbying Congress. The LDA excludes
from its definition activities that might fall under the Woodstock
principles, such as congressional testimony, general public
relations work, and advocacy on behalf of churches. The LDA
also covers only paid lobbyists.
There are also points at which the definition of lobbying blurs
with other activities. What, for example, is the difference
between a consultant and a lobbyist, especially when the person
called in to consult is employed by a group with an interest
in the policy being debated? If a union official spends a fair
percentage of his or her time working to influence labor policy,
is that lobbying?
What does lobbying have to do with ethics?
Periodic scandals make many Americans skeptical about the role
of lobbying in a democracy, but the right to try to influence
legislation is protected under the First Amendment to the U.S.
Constitution: Congress shall make no law abridging the right
of the people "to petition the government for a redress
of grievances." This protection assumes that people should
be involved in the decisions that affect them and that advocacy
for a variety of causes is a crucial part of good decision making.
What ethical dilemmas does lobbying present?
Since the ethical foundation of lobbying is the vigorous public
debate necessary for informed decision making, ethical dilemmas
related to lobbying tend to arise when various behaviors by
lobbyists and lawmakers undermine the fairness and transparency
of that process and do not contribute to the common good.
Fairness
The most obviously unethical (and illegal) practice associated
with lobbying is paying a policy maker to vote in a favorable
way or rewarding him or her after a vote with valuable considerations.
If this practice were allowed, people and organizations with
money would always win the day. But even with outright gifts
to lawmakers outlawed, there are subtler ways to "buy"
undue influence. As we write, Congress is debating lobby reform
that would disallow lobbyists paying for congressional travel
and lavish meals. Local officials are faced with similar temptations-tickets
to games or concerts, dinners in expensive restaurants, etc.
Fairness questions also arise when some lobbyists have easier
access to lawmakers than others. Frequently discussed is the
problem of revolving door lobbyists-those people who once served
as public officials who then go into the private sector and
work to influence their former colleagues. In addition to relationships
with lawmakers, they may, for example, still have access codes
to offices, use lawmakers' exercise facilities, or otherwise
have easier entrée to the corridors of power.
Other kinds of relationships besides collegiality may undermine
fairness. Especially on the local level, policy makers are often
lobbied by people they know socially. It is incumbent upon public
officials to avoid influence that might arise out of their friendships.
Transparency
One way to improve the fairness of the lobbying process is
to make sure that possible sources of influence are visible
to the public. This goal is behind various state and federal
requirements that lobbyists register and file reports on the
issues they have discussed with lawmakers. Various proposals
have been offered to strengthen these transparency provisions,
increasing the frequency of reporting and the number and variety
of organizations that qualify as lobbyists. On the local level,
some groups are calling for access to lawmakers' appointment
books so that the public can see who they met with and what
they discussed.
At the federal level, transparency has come up in reference
to "earmarks." These are provisions benefiting particular
industries or organizations that lawmakers insert into appropriations
bills, often at the behest of lobbyists who have made significant
campaign contributions. These earmarks are usually added at
the last minute so that other members of congress do not have
sufficient time to study them. Some reformers have advocated
increasing transparency by requiring that earmarks-and the names
of their sponsors-be published online at least 24 hours before
a bill comes to a vote.
Common Good
Lobbyists are advocates. That means they represent a particular
side of an issue. According to the Thomson Gale Legal Encyclopedia,
The role lobbyists play in the legislative arena can be compared
to that of lawyers in the judicial arena. Just as lawyers provide
the trier of fact (judge or jury) with points of view on the
legal issues pertaining to a case, so do lobbyists provide local,
state, and federal policymakers with points of view on public
policy issues.
But what is the lobbyist's obligation to be fair to the other
side? In the advocacy model, lobbyists may do anything on behalf
of their clients as long as it is not outright immoral or illegal.
Jesuit political scientist Thomas Reese, S.J., himself a former
lobbyist, argues that this model does not always translate well
in the public sphere. In a courtroom, two equally powerful attorneys
go before an impartial judge. In the halls of Congress or the
State Assembly or City Hall, the lobbyist often represents powerful
interests, while the people have no representative. An ethical
approach to lobbying must ensure that someone stands up for
the common good. Lawmakers have an obligation to solicit the
views of those who are not represented by powerful lobbying
groups.
Resources on Lobbying Ethics
Cases on Lobbying and Ethics
All
Cases on Government Ethics
Articles
About Government Ethics on This Web Site
Articles
About Ethical Decision Making on This Web Site
Links
to Other Sites About Lobbying and Ethics
Introduction
to Government Ethics Homepage
March 2006
Top
|
