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

Pacific heights , San Francisco, CA

High view over Pacific heights and San Francisco Bay at sunset

Getty Images

Class A for Residents, Class B for Investors

Neighborhood residents should be able to build ownership without surrendering control to whoever brings the largest check. I propose a neighborhood corporation with Class A shares for residents and Class B shares for outside investors. Pacific Heights and Cow Hollow could examine the first model, then make its documents and lessons available to other neighborhoods.

The distinction must mean something. Class A would protect resident governance. Class B would let outside capital participate on disclosed economic terms. The corporation would own assets it voluntarily acquires and operate agreed services. It would govern those assets and contracts; government authority over zoning, taxes and public streets would remain subject to public law.

Keep ReadingShow less
​A demonstrator holds a sign

A demonstrator holds a sign in front of the Federal Courthouse in Detroit, Michigan.

(Photo by Bill Pugliano/Getty Images)

Beyond Airstrikes: Why America Must Rethink Its Counterterrorism Strategy in Nigeria

When American forces carried out airstrikes against suspected Islamic State militants in northwest Nigeria on Christmas Day 2025, the operation offered a glimpse of renewed security cooperation between Washington and Abuja. But for Nigerians living in communities threatened by terrorism, kidnapping and armed attacks, a more pressing question remained: Would the strikes make their lives any safer?

That question deserves attention in Washington. The United States has spent decades helping Nigeria combat terrorism through military equipment, intelligence sharing and training. Yet armed violence continues to disrupt everyday life across northern Nigeria, raising doubts about how the success of American counterterrorism assistance should be measured.

Keep ReadingShow less
Victorian style houses at Alamo Square in San Francisco, CA

Colourful vibrant Victorian style houses at Alamo Square in San Francisco, California, USA

Getty Images

Fund the Community DataBank

San Francisco residents need an organization that can follow public money and decisions before the damage is done. I propose a Community DataBank, beginning with Pacific Heights and Cow Hollow, supported by a modest, publicly approved allocation of our taxes. Residents should be able to find out what government is doing without requiring everyone to research City Hall.

My earlier proposal placed two desks outside the Mayor’s Office, staffed by neighborhood association members who would watch who goes in and out and follow the public business behind those visits. The DataBank would give those desks useful work and reliable records. A visitor’s presence would prompt a question; official documents would establish what actually happened.

Keep ReadingShow less
US America and China flags on chess king on a chessboard.

USA and China trade relations, cooperation strategy. US America and China flags on chess king on a chessboard.

Getty Images

America’s Gridlock Is Beijing’s Best Argument

Americans tend to treat democracy’s superiority as settled, and the long-run evidence backs them up. A major study by MIT economist Daron Acemoglu and colleagues found that countries that democratize end up about 20 percent richer per person within a generation. But most of the world does not grade governments on long-run studies. For billions of people outside the wealthy West, the test is simpler: does the power stay on, are food prices steady, is there work, and do the roads get built? When the stomach is empty, a ballot can feel like a luxury.

China understands this and sells its model on exactly those terms. Its GDP per capita has climbed from about $300 in 1980 to nearly $15,000 today, by IMF figures, and the World Bank credits it with lifting some 800 million people out of extreme poverty. India, the world’s largest democracy, started from a similar place and sits near $2,800. Beijing’s centralized system, paired with Deng Xiaoping’s market reforms, built power plants, factories and rail lines at a pace India’s more deliberative politics has not matched. Anyone who values liberty will find little to admire in that model. It does explain why the model sells.

Keep ReadingShow less