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February 29, 2008
Lobbying-A First Amendment Right
by Tina Grazier
The word “lobbyist” is enough to make otherwise calm and collected folks pull their hair and gnash their teeth…activities that involve influence, money, and ethics can have that effect on a person. Recent allegations of corrupt practices by lobbyists and politician have added to the burn in our bellies and may have played a sizable role in the defeat of republicans in the last election. But did you know that lobbying is protected by the First Amendment? That’s right, the First Amendment stipulates the people’s right "to petition the Government for a redress of grievances," and this is precisely what most lobbyists do for their clients. As I’ve said before, the government’s ability to tax, regulate and restrict or mandate activities that negatively effect businesses and individuals must be balanced. The founders wisely gave the people a way to fight back.
I urge anyone who is interested in this subject to read the article, “In Defense of Lobbying,” by Charles Krauthammer in the Washington Post online. It offers insight into the differences between “good” lobbying and “bad” lobbying and also takes a peek into how the press sometimes fails to differentiate between the two. He even provides a defense of “bad” lobbying that goes straight to the point about abuse of this important right:
…You wouldn't need to be seeking advantage if the federal government had not appropriated for itself in the 20th century all kinds of powers, regulations, intrusions and manipulations (often through the tax code) that had never been presumed in the 19th century and certainly were never imagined by the Founders. What appears to be rent-seeking is thus redress of a larger grievance -- insufferable government meddling in what had traditionally been considered an area of free enterprise.
The more we arm ourselves with knowledge the better prepared we are to make wise choices in our leadership. When we are informed and knowlegable we are better positioned to demand that our leaders act in an ethical manner.
Posted by Post Scripts at February 29, 2008 10:18 PM
Comments
This is going to sound almost hypocritical coming from me, but I don't have an issue with lobbyists per se. I know they have a legitimate purpose. Lobbyists are referred to as the 3rd House of Congress and rightly so, they have an awful lot to do with legislation!
These advocates represent just about every conceivable special interest you could think of, from the Boy Scouts to Arab oil. Lobbyists are often the writers of bills, and some are extremely important reform bills! But, their names will never appear on them, that credit goes to our legislators for their next re-election bid. Lobbyists must be content to settle for their reward in cold hard cash.
The professionalism, experience and breadth of knowledge in lobbyists equals, and sometimes exceeds the best of what we have in Congress and that can be a real asset for certain good causes.
So as much as I have a problem with legislators selling out to special interests 24/7, the instigators (lobbyists) do have their place, even if they are in constant competition with us, the grass roots, for a little ear time with our legislators. This is their 1st Amendment right.
Where lobbyists get close to crossing the line of free speech and into a muddle area of ethics and laws designed to protect America, is departing legislators who become lobbyists. There are laws that are supposed to prevent us from a conflict of interest, but we know from past experience any loop hole here will get found and exploited. I have a real problem with our past Presidents being paid by foreign governments for so-called speaking fees, which translates into influence peddling. I know, I know, Reagan did it, Ford did it, Clinton did it...and that's my point. It is a grab for the cash and we don't need to start this sort of trend.
Then there are the career politicians with all their influence that turn to lobbying and this is pretty risky for our side too. But, this is how Washington runs and as a realist I know it won't change.
Tina is so right, our only defense to all this is to keep informed on what is being passed, by who and why!
Posted by: Jack at March 2, 2008 09:12 AM