Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Banning former members of Congress from lobbying won’t fix what’s wrong with lobbying

Opinion

Revolving door

Shutting down the revolving door between Congress and K Street will not solve problems, only make them worse, writes Delancey.

DNY59/iStock/Getty Images Plus

DeLancey is the co-founder and CEO of Lobbyists 4 Good, a crowdfunding platform that enables individuals to hire lobbyists.

Twitter was abuzz last month when a group of unlikely allies – Rep. Alexandria Ocasio-Cortez, Rep. Chip Roy, Sen. Ted Cruz, and Sen. Brian Schatz – promised to work together on legislation that would ban former members of Congress from becoming lobbyists.

While their intentions are obviously good, and they should be applauded for their efforts, banning former members of Congress from becoming lobbyists will do little to achieve their goal of "draining the swamp" and reducing corporate influence on politics.


Overlooking, for a minute, the fact that a lifetime ban on lobbying has almost no chance of being passed, any such law would almost certainly be struck down by the Supreme Court as unconstitutional. The First Amendment states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

The last part, the right to petition the Government for a redress of grievances, is the reason why lobbying is legal. It gives every U.S. citizen, corporation, association, nonprofit, and even local and state governments the right to petition Congress.

Even if Congress could pass a lifetime ban, and was found constitutional, such a law would do little to prevent former members of Congress from influencing their one-time colleagues. The rules governing lobbying registration have so many loopholes that former members of Congress can become "policy advisers" or "senior council" for lobbying firms without actually having to register as lobbyists.

Without closing these loopholes, a lifetime lobbying ban would just push lobbying further into the shadows, something that has been gradually occurring for the past 15 years. Members of Congress would still be influencing Congress, but the issues they are working on, and who is paying them to do so, would be hidden from the public.

Congress would also need to make sure the laws governing registration are actually enforced. A recent Government Accountability Office report found that the Department of Justice only has one part-time attorney assigned to the office that enforces the Lobbying Disclosure Act, leaving a staggering 59 percent of cases uninvestigated.

Additionally, the Ocasio-Cortez, Cruz, Roy and Schatz proposal would do nothing to close the revolving door used by congressional staffers, which is arguably more important than the revolving door of former lawmakers.

While former members of Congress give lobbying firms credibility with clients, congressional staffers are arguably just as influential when they become lobbyists. Their knowledge of the issues, their experience writing legislation,and their relationships with other congressional staffers give them a unique skillset when they leave public service for the private sector.

So, even if the legislation passed, and was held up by the courts, and the loopholes were closed, and the laws governing registration were enforced, the revolving door between Congress and K Street would still be open and the swamp would remain pretty swampy.

Despite all of this, what worries me the most about the lifetime ban is the unintended consequences it would have on organizations and nonprofits that help many people here in the United States and around the world.

Most people wrongfully assume that all lobbyists work for nefarious corporate entities. While this may seem like the case based on news coverage and social media posts, it is simply not true. There are many public interest groups and nonprofits that hire former members of Congress to lobby for them at heavily discounted rates on important issues.

Take, for example, Phil English, who lost his re-election bid in 2008 after fourteen years in the House of Representatives. He joined one of D.C.'s largest lobbying firms, Arent Fox LLP, in 2009 and started lobbying Congress after his one-year ban ended.

While he has corporate clients in the pharmaceutical and energy sectors, he also has lobbied for several research colleges and universities in Pennsylvania, a leading U.S. Catholic charity and one of the top children's hospitals in the nation. While I do not know him, and cannot speak to his work, banning him from lobbying for these nonprofit organizations would negatively impact their ability to achieve their mission.

We need to stop focusing so much on lobbying bans and regulations that would do little to fix our broken system. The only solution to this problem is to fight fire with fire.

There is an old adage in D.C. that states, "If you are not at the table, then you are on the menu," and that is why the public is constantly outgunned, outmatched and beaten in the political arena by corporate America.

Almost every large corporation in America hires lobbyists to advocate for its cause and almost every industry has an association working to make sure its interests are heard on Capitol Hill. Public interest groups and nonprofits do not prioritize engaging with lawmakers and do not see the value in hiring lobbyists, creating a one-sided fight on Capitol Hill.

It is about time the public sector takes a page from the private sector and starts getting more influencers working on our side to make sure our voice is heard. We need to have lobbyists working for us to counter the corporate lobbyists that flood the halls of Congress every day. It is the only way we will level the playing field and get Congress listening to us again.


Read More

An ICE agent monitors hundreds of asylum seekers being processed upon entering the Jacob K. Javits Federal Building on June 6, 2023 in New York City. New York City has provided sanctuary to over 46,000 asylum seekers since 2013, when the city passed a law prohibiting city agencies from cooperating with federal immigration enforcement agencies unless there is a warrant for the person's arrest.(Photo by David Dee Delgado/Getty Images)
An ICE agent monitors hundreds of asylum seekers being processed.
(Photo by David Dee Delgado/Getty Images)

The Power of the Purse and Executive Discretion: ICE Expansion Under the Trump Administration

This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

Key Takeaways

  • Core Constitutional Debate: Expanded ICE enforcement under the Trump Administration raises a core constitutional question: Does Article II executive power override Article I’s congressional power of the purse?
  • Executive Justification: The primary constitutional justification for expanded ICE enforcement is The Unitary Executive Theory.
  • Separation of Powers: Critics argue that the Unitary Executive Theory undermines Congress’s power of the purse.
  • Moral Conflict: Expanded ICE enforcement has sparked a moral debate, as concerns over due process and civil liberties clash with claims of increased public safety and national security.

Where is ICE Funding Coming From?

Since the beginning of the current Trump Administration, immigration enforcement has undergone transformative change and become one of the most contested issues in the federal government. On his first day in office, President Trump issued Executive Order 14159, which directs executive agencies to implement stricter immigration enforcement practices. In order to implement these practices, Congress passed and President Trump signed into law the One Big Beautiful Bill Act (OBBBA), a budget reconciliation package that paired state and local tax cuts with immigration funding. This allocated $170.7 billion in immigration-related funding for the Department of Homeland Security (DHS) to spend by 2029.

Keep ReadingShow less
Towards a Reformed Capitalism
oval brown wooden conference table and chairs inside conference room

Towards a Reformed Capitalism

Despite all the laws and regulations that apply to corporations, which for the most part are designed to make corporations more responsive to the greater good, corporations have wreaked great harm on our environment, their workers, their customers, and the general public. Despite all the rules, capitalism can still pretty much do what it wants.

The problem is not that the laws and regulations are not enforced, although that is partly true. The problem is more that the laws and regulations are weak because of the strong influence corporations have on both Congress (this is true of Democrats as well as Republicans) and those responsible for regulating.

Keep ReadingShow less
Families of Americans Overseas Wrongfully Detained Bring Advocacy to Capitol Hill

The Bring Our Families Home campaign brought together loved ones of Americans wrongly detained overseas to display portraits in the Senate Russell Rotunda on Wednesday, May 6.

(Jacques Abou-Rizk, MNS)

Families of Americans Overseas Wrongfully Detained Bring Advocacy to Capitol Hill

WASHINGTON – American journalist Reza Valizadeh visited his elderly Iranian parents in March 2024 for the first time in 15 years. Valizadeh’s stories for Voice of America and other U.S. government-funded outlets often criticized the Iranian regime. So before traveling, he sought and received confirmation that he would be safe from a high-ranking commander in the Islamic Revolutionary Guard Corps, a branch of Iran’s armed forces. However, in September that same year, the Islamic Revolutionary Guard Corps arrested Valizadeh, and Tehran’s Revolutionary Court sentenced him to ten years in prison for “collaboration with a hostile government.”

In the Rotunda of the Senate Russell Building last week, the Bring Our Families Home campaign set up portraits of Valizadeh and 12 other Americans currently wrongfully detained overseas. The group, family members of illegitimately detained Americans, appealed to Congress to push for their safe return. Each foam poster board included the name, home state, and country of detainment. The display also included portraits of the 33 people released after advocacy by the James W. Foley Foundation.

Keep ReadingShow less
DHS Funding During the Shutdown
Getty Images, Charles-McClintock Wilson

DHS Funding During the Shutdown

When Congress failed to approve funding for the Department of Homeland Security for the remainder of this fiscal year in February, almost all of its employees began to work without pay. That situation changed, however, on April 3, when President Donald Trump issued a memorandum ordering the DHS secretary and director of the Office of Management and Budget to “use funds that have a reasonable and logical nexus to the functions of DHS” to pay its employees and issue back pay.

Trump shifted money to avoid the political embarrassment that would be caused by the collapse of airport security screening through the actions of disgruntled agents and the disruption to air travel that would ensue. But it’s legally dubious.

Keep ReadingShow less