Exposé Lobbies

INTERESTS GROUPS AND LOBBYING

Plan

Introduction : Définition – What is lobbying ?

I – First origins of lobbying and the legal framework

A – Origins : wait in the halls

B – A fruitless attempt to regulate lobbying

II – Lobbies at the heart of the American society
A – General information and classification of lobbies

B – The National Riffle Association, a lobby deeply ingrained in the US way of life

Conclusion : corruption

What is lobbying?

To lobby means to influence or persuade public officials to take a desired action, usually to pass (or defeat) legislation. An effective lobbyist is convincing and persuasive at selling an idea. Originally, the word suggested someone who waited in the halls or lobbies to talk with legislators. A lobbyist's effectiveness today still depends on being at the right place at the right time. Timing and knowledge are both critical to an effective lobbyist. A lobby can represent an industry, a punctual industries coalition, an association or a trade union.

Generally to become a member of a lobby, you have to pay a contribution that allow you to have a member card that give you access to conference...

A lobby is organized as any industry with a president, an executive vice president, an assistant secretary...

In American politics, most lobbyist organizations are headquartered on or near Washington DC. In fact, more than 6,000 lobbies and 25,000 lobbyists are registered at Washington DC! And similar system exists in the 50 other States...

I – First origins of lobbying and the legal framework

A – Origins : wait in the halls

Organized lobbying of American politicians goes back at least as far as the late 18^th Century, getting involved in the earliest days of Congress. As early as 1792, just three years after the Constitution was adopted, William Hull was hired by the Virginia veterans of the Continental army to lobby for additional compensation for their war services. Hull wrote to other veterans' groups, recommending that they have their "agent or agents" cooperate with him during the next session to pass a compensation bill. In 1795, a Philadelphia newspaper described the way lobbyists waited outside Congress Hall to "give a hint to a Member, teaze or advise as may best suit."

B – A fruitless attempt to regulate lobbying

The ability to lobby the government is protected by the right to petition in the First Amendment of the United States Constitution.

The first attempt to regulate lobbying came in 1928 where the Senate enacted a bill requiring lobbyists to register with the secretary of the Senate and clerk of the House. However, the House of Representatives blocked the idea, and despite notable scandals no further legislative action on lobbying was proposed until after the Second World War.

Eighteen years after the Senate’s original attempt, Congress adopted the Federal Regulation of Lobbying Act of 1946. United State v. Harris was a famous Supreme Court case which applied directly the Regulation of Lobbying Act.

This act defined a lobbyist as any person "who by himself, or through any agent or employee or other persons in any manner whatsoever, directly or indirectly, solicits, collects, or receives money or any other thing of value to be used principally . . . to influence, directly or indirectly, the passage or defeat of any legislation by the Congress of the United States." In other words, it means that the act applies only to paid lobbyists who directly communicate with members of Congress on pending or proposed federal legislation. This means that lobbyists who visit with congressional staff members rather than members of Congress themselves are not considered lobbyists.

Anyone meeting this description was required to register name, address, salary, and expenses with the secretary of the Senate and the clerk of the House, and to file quarterly reports on funds received or spent, "to whom and for what purpose" those funds were paid, "the names of newspapers and magazines in which the lobbyist 'caused to be published' articles or editorials," and the proposed legislation the lobbyist was employed to support or oppose.

Lobbyists were also required to keep detailed accounts of all contributions of five hundred dollars or more made to members of Congress. Criminal penalties were assigned for any violation of this act.

Then, the Congress passed the Lobbying Disclosure Act of 1995 that confirms this first piece of legislation.

The Legislative Transparency and Accountability Act of 2006 was passed by the Congress. It obliges lobbyists to report on contributions and put a limit on contributions.

Next, was passed The Honest Leadership and Open Government Act of 2007. It adds again restrictions to contributions and strengthens public disclosure requirements concerning lobbying activity.

The Executive Branch Reform Act 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. It added that anyone who contacts a covered government official is in effect deemed to be a lobbyist. The bill defines "significant contact" to be any "oral or written communication (including electronic communication)”. A lot of people statute that this is a real infringement on right to petition by making it impossible for citizens to communicate their views on controversial issues without having their names and viewpoints entered into a government database.

Finally, Obama in his early days as President signed two executive orders and three presidential memoranda to ensure his administration would be a more open, transparent, and accountable government. Obama's new lobbying rules will ban aides from trying to influence the administration when they leave his staff. The rules also ban lobbyists from giving gifts of any size to any member of his administration. This was completed on May 2009, by a Recovery Act Lobbying Rules.

The existence of legislation, specifically related to lobbyists and lobbying, illustrates how important public affairs is within American politics. Senator William Byrd, in an enlightening speech on the history of Washington lobbying, admitted that modern Congressmen “could not adequately consider (their) work load without them.” It appears that whatever happens, lobbying is here to stay.

This legal framework has many loopholes which are immediately used.

II – Lobbies at the heart of the American society

A – General information and classification of lobbies

To reach their political aims, Americans gather into associations. A famous study on political culture called Almond's and Verba, realized in 1963 in five countries, confirmed it for the 20^th century. There are more persons who joined associations in United States than in GB, Germany, Italy or Mexico. 57% of Americans recognized that they are joined to an association whereas only 47% in Great Britain; 44% in Germany, 29% in Italy, and only 25% in Mexico.

This study also shows that Americans are more inclined than others to use lobby to intent to influence the government, locally or nationally. Someone said that « the adhesion to an organization, politic or not, is linked to an elevation of the competence level and the degree of activity of the people ».

Besides, we have to know that between 1980 and 1996, five hundred new organizations were born, in the trade, agriculture, environment, health, education, culture, social welfare, and leisure. Two categories didn't progress: trade union and students associations.

Moreover, interest groups continued to evolve during the 1990's: each week, ten new organizations were created.

The number of interest groups at the local level can't be determined. Most of them are related to very specific local problems, and can be born and disappear in the same year.

In spite of these restrictions, we can estimate the number of the American political organizations, at the local or national level, to two hundred thousands.

The top sectors of interest groups between 1998 and 2010 were:

	Client	Amount Spent
1	Finance, Insurance &Real Estate	$4,274,060,331
2	Health	$4,222,427,808
3	Misc Business	$4,149,842,571
4	Communications/Electronics	$3,497,881,399
5	Energy &Natural Resources	$3,104,104,518
6	Transportation	$2,245,118,222
7	Other	$2,207,772,363
8	Ideological/Single-Issue	$1,477,294,241
9	Agribusiness	$1,280,824,983
10	Defense	$1,216,469,173
11	Construction	$480,363,108
12	Labor	$427,355,408
13	Lawyers &Lobbyists	$336,170,306

There are so many organized lobbies today, representing numerous segments of society and addressing such a wide range of issues, that the distinction between "special interests" and those of the American people may no longer be valid. In a sense, interest groups are the American people.

Interest groups can be grouped into several broad categories:

First category: the Economic interest groups (that encompass business,trade and professional interest groups)

The Economic interest group is certainly the largest category. It is interest groups formed by merchants, creditors, business owners and other commerce related organizations. Their goal is to promote business interest.

Economic interest groups include organizations that represent big business. Large corporations and individual unions also have offices in the capital.

Besides, trade associations are also considered as "Business Interest Groups": Trade associations represent entire industries.

Professionals also form interest groups: the professions are generally defined as those occupations that require extensive and specialized training, such as medicine, law and teaching.

For each categories of interest groups, each time we're gonna focus on one specific association as an example.

→ Here, we are going to watch an extract of the movie “Super Size Me” realized in 2004 by Morgan Spurlock concerning one of the biggest agribusiness lobby the Grocery Manufacturers Association. Since 1908, GMA has been representing the world's largest branded food, beverage and consumer product companies. In doing this GMA has been an advocate for its members in public policy and has been at the forefront on initiatives to increase efficiency industrywide. EXTRACT

Second category: Public interest groups

Public interest groups are different than the other groups because they don't just seek benefits for their members but for the entire public. However, the activists who staff these groups gain financially by attracting donations from individuals and foundations who support their activities. As the name implies, public interest groups enjoy an image of non-partisanship, even if some of them engage in clearly political activities.

→Perhaps the best known is: the League of Women Voters (LWV): which promotes simplified voting procedures and an informed electorate, founded in 1920. It began as a "mighty political experiment" aimed to help newly-enfranchised women exercise their responsibilities as voters. The league has approximately 150,000 members (as of 2006). The actual president is Elizabeth McNamara.

Third category: Government interest groups

Because of the structure of the federal system, it is not surprising that there are organizations to bring the issues of local and state government before Congress and the administration. One critical duty performed by these groups is to help states and local governments get federal grants. These funds are important because it's a central means in which states get back money taken away through federal taxes.

→ Here, let's talk about: The National League of Cities (NLC): The National League of Cities is an American advocacy organization representing 19,000 cities, towns, and villages, and including 49 state municipal leagues. It provides training to municipal officials, holds conferences, lobbies and provides assistance to cities in educational issues. The actual president is James E. Mitchell Jr.

Forth category: Religious interest groups

The separation of church and state does not prohibit religious interest groups from lobbying; indeed, it is safe to say that all religious groups are involved in politics to some degree. These groups try to influence public policy in religious matters.

→Let's look at The Christian Coalition: It is more supported by conservative Protestants, it has an agenda that includes support for school prayer, opposition to homosexual rights, and a constitutional amendment banning abortion (avortement). In 2006, it stated that its membership was two point five million supporters. The actual president is Roberta Combs.

Fifth category: Civil rights interest groups

It is groups that historically have faced legal discrimination and, in many respects, continue to lack equal opportunity. Their interest involve more than civil right, it encompasses social welfare, immigration policy, affirmative action, a variety of gender issues, and political action.

→ Here, we choose to focus on: the National Gay and Lesbian Task Force (NGLTF): The Task Force is the country’s first social justice organization fighting to improve the lives of Lesbian, Gay, bisexual and transgender people, and working to create positive, perpetual change and opportunity for all. It was founded in 1973. The executive director is Rea Carrey.

Sixth category: Ideological interest groups

Ideological interest groups view all issues through the lens of their political ideology, typically liberal or conservative. Their support for legislation or policy depends exclusively on whether they find it ideologically sound. Ideological Groups are often associated with extreme political currents.

→ Let's focus on: Americans for Democratic Action (ADA): ADA works for social and economic justice through lobbying, grassroots organizing, research and supporting progressive candidates. It was created in 1947. It has actually 65,000 members and the actual president is: Lynn Woosley.

Seventh category: Agricultural Groups:

These interest groups look after the interest of farmers and the government's agricultural policy.

→ The National Farmers Union: The National Farmers Union was founded in 1902. Its aim is to protect and enhance the economic well-being and quality of life for family farmers and ranchers and their rural communities. It does this by promoting legislation and education beneficial to farmers, and by developing cooperative buying and selling methods and businesses. The current president is Roger Johnson.

Eighth category: Labor Union Groups:

A labor union is an organization of workers who share the same type of job or who work in the same industry. Organized labor generally speaks with one voice on such social welfare and job related matters such as Social Security programs, minimum wages and unemployment.

→ The American Federation of Labor and Congress of Industrial Organizations is made up of 56 national and international unions, together representing more than 11 million workers. It was formed in 1955. The actual president is Richard Trumka.

Ninth category: Promote the Welfare:

A number of interest groups seek to promote the welfare of minority groups in America.

→ Let's focus on: the National Association for the Advencement of Colored People (NAACP): formed in 1909. Its mission is "to ensure the political, educational, social, and economic equality of rights of all persons and to eliminate racial hatred and racial discrimination". It has three hundred thousands members. The actual president is Benjamin Jealous.

Tenth category: Promote Causes:

A large number of groups exist to promoting or opposing a certain cause. Examples of these groups include the American Civil Liberties Union (ACLU), National Women's Political Caucus, National Rifle Association which is very famous.

B – The National Riffle Association, a lobby deeply ingrained in the US way of life

As an introduction, let's look at an extract from the movie Bowling for Columbine EXTRACT 49min nombre de morts

45min Marylin Manson campagne de peur → The NRA is fuelled by a campaign of fear.

The NRA, or National Rifle Association, is an American non-profit organization originally established in 1871 in New York that helps to protect gun owners and ensure they are able to exercise their right to bear arms. According to the Second Amendment of the United States Bill of Rights “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”, citizens are afforded the right to purchase and own guns. There are currently over four million members of the NRA, and statistics show that this number is steadily growing. The organization also promotes gun shooting skills and self-defense, as well as the ability to own guns and use them as a means for self-defense.

For us, it can be difficult to understand why possession of firearm is so essential in the USA. But for American citizens it is in their nature. According to them and the Constitution, a man can be free only if he can bear arm. It constitutes a real civil right as the freedom of movement.

Let's focus on a extract from the movie “Bowling for Columbine” realized by Michael Moore in 2002. This is a speech of the former president of the NRA, Charlton Heston, who came in Denver, the city where just ten days before the notorious massacre of Columbine happened.

EXTRACT 33m50 Charlon Heston

Corruption

As a conclusion, we can tell that Lobbying is a constitutional right, regulation is insufficient and some lobbies go too far.

One could argue that lobbying is a just a special form of corruption focused on legislative bodies or some other rule-making agency. In fact, lobbying is modeled as monetary transfers from lobbyists to politicians and these transfers could equally be interpreted as campaign contributions or bribes. In other words, lobbying can be a substitute for, or a complement to, corruption. However, the difference between corruption and lobbying is that with lobbying, firms can get politicians to change the rules to their advantage, while by bribing bureaucrats, firms can only hope to stop the latter from enforcing the rules.

There are some striking example that perfectly illustrate how the line is blurred between lobbying and corruption.

One widely-used tool is the junket, a trip for legislators paid by the lobby. Congressional junkets between 2005 and today were estimated to $14 million.

Some lobbies are very powerful and exert strong pressure by being able to mobilize enough votes to unseat a member of Congress if he or she votes against what the lobby wants.