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

House Democrats and Republicans Clash over Free Speech in Higher Education

Rep. Burgess Owens, R-Utah, addresses the chamber in front of a portrait of George Miller.

(Matthew Junkroski / MEDILL)

House Democrats and Republicans Clash over Free Speech in Higher Education

WASHINGTON — Witnesses and representatives sat in silence as Rep. Burgess Owens, R-Utah, spoke about how universities should strive for intellectual diversity and introduce controversial ideas. Rep. Alma S. Adams, D-N.C., agreed with his rhetoric, but went on to criticize her Republican colleagues for standing in the way of free expression.

“Unfortunately, what we often see, especially in hearings like this, is not a good faith effort to strike that balance, but a selective narrative,” Adams said. “My colleagues on the other side of the aisle frequently claim that there’s a free speech crisis on college campuses, arguing that universities lack viewpoint diversity and silence certain perspectives.”

Keep ReadingShow less
Republican Attacks on Citizen Ballot Measures Undermine Democracy

Election workers process ballots at the Orange County Registrar of Voters one week after Election Day on November 12, 2024 in Santa Ana, California.

Getty Images, Mario Tama

Republican Attacks on Citizen Ballot Measures Undermine Democracy

In October 2020, Utah’s Republican Senator Mike Lee delivered a startling but revealing civics lesson in the aftermath of that year’s vice-presidential debate between Kamala Harris and Mike Pence. He tweeted, The United States is “not a democracy.”

“The word ‘democracy,’’’ Lee wrote, “appears nowhere in the Constitution, perhaps because our form of government is not a democracy. It’s a constitutional republic….Democracy isn’t the objective….” The senator said that the object of the Constitution was to promote “liberty, peace, and prospefity (sic).”

Keep ReadingShow less
Key Senate panel advances Trump’s pick for Fed chair

Kevin Warsh testified in a Senate Banking Committee confirmation hearing for Fed chair last week.

Photo provided

Key Senate panel advances Trump’s pick for Fed chair

WASHINGTON – The Senate Banking Committee on Wednesday voted 13 to 11 to advance Kevin Warsh’s nomination as Federal Reserve chairman despite Democrats’ concerns that he would not be independent from President Donald Trump.

The banking committee’s vote fell along party lines, with all 13 Republicans voting in favor of the nomination and all 11 Democrats voting against it. Senator Elizabeth Warren, D-Mass., said in a press release that it was the first time a vote on a Fed chair nominee was entirely partisan.

Keep ReadingShow less
Top of the U.S. Supreme Court House

Congress advances a reconciliation bill to fund the Department of Homeland Security while passing key rural legislation. As debates over ICE funding, wildfire policy, and broadband expansion unfold, lawmakers also face new questions about the use of AI in government.

Getty Images, Bloomberg Creative

Starting Up the Reconciliation Machine

This week the Senate began the long, procedure-heavy process of creating and passing a reconciliation bill in order to enact Republican priorities without requiring any votes from Democratic legislators: funding the parts of the Department of Homeland Security (DHS) whose funding remains lapsed and additional funds for Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). Also this week, the House agreed to two bills that next go to the President and voted on a number of bills related to rural areas.

Two New Laws Soon

Both of these bills go to the President next for signing:

Keep ReadingShow less