Lobbying in the United States
is paid activity in which advocacy groups hire well-connected professional advocates, often lawyers, to argue for specific legislation in decision-making bodies such as the United States Congress. It is often perceived negatively by journalists and the American public; critics consider it to be a form of bribery, influence peddling, or extortion and lobbying was illegal in the United States in the eighteenth and much of the nineteenth centuries. Lobbying is subject to complex rules which, if not followed, can lead to penalties including jail. Lobbying has been interpreted by court rulings as free speech protected by the First Amendment to the U.S. Constitution. Since the 1970s, the numbers of lobbyists and the size of lobbying budgets has grown and become the focus of criticism of American governance.
Lobbying takes place at every level of government: federal, state, county, municipal, and local governments. In Washington, D.C., lobbyists usually target members of Congress, although there have been efforts to influence executive agency officials as well as Supreme Court appointees. Lobbying can have a strong influence on the political system; for example, a study in 2014 suggested that special interest lobbying enhanced the power of elite groups and was a factor shifting the nation's political structure toward an oligarchy in which average citizens have "little or no independent influence".
The number of lobbyists in Washington is estimated to be over 12,000, but most lobbying, is handled by fewer than 300 firms. A report in The Nation in 2014 suggested that while the number of registered lobbyists in 2013 decreased compared to 2002, lobbying activity was increasing and "going underground" as lobbyists use "increasingly sophisticated strategies" to obscure their activity. Analyst James A. Thurber estimated that the actual number of working lobbyists was close to 100,000 and that the industry brings in $9 billion annually, mostly from corporations. Wall Street spent a record $2 billion trying to influence the 2016 United States presidential election.
Overview
Political scientist Thomas R. Dye said that politics is about battling over scarce governmental resources: who gets them, where, when, why and how. Since government makes the rules in a complex economy such as the United States, various organizations, businesses, individuals, nonprofits, trade groups, religions, charities and others—which are affected by these rules—will exert as much influence as they can to have rulings favorable to their cause.The term lobby has etymological roots in the physical structure of the British Parliament, in which there was an intermediary covered room outside the main hall. People pushing an agenda would try to meet with members of Parliament in this room, and they came to be known, by metonymy, as lobbyists, although one account in 1890 suggested that the application of the word "lobby" is American and that the term is not used as much in Britain. The Willard Hotel, 2 blocks from the White House at 1401 Pennsylvania Avenue, claims the term originated there: "It was in the Willard lobby that Ulysses S. Grant popularized the term “lobbyist.” Often bothered by self-promoters as he sat in the lobby and enjoyed his cigar and brandy, he referred to these individuals as "lobbyists."
The term lobbying suggests advocacy, advertising, or promoting a cause. A person who writes a letter to a congressperson, or even questions a candidate at a political meeting, could be construed as being a lobbyist.
The term "lobbying" generally means a paid activity with the purpose of attempting to "influence or sway" a public official – including bureaucrats and elected officials – towards a desired specific action often relating to specific legislation. If advocacy is disseminating information, then lobbying is when this activity becomes focused on specific legislation, either in support or in opposition.
Lobbyists are intermediaries between client organizations and lawmakers: they explain to legislators what their organizations want, and they explain to their clients what obstacles elected officials face. Some lobbyists work for advocacy groups, trade associations, companies, and state and local governments. A lobbyist may put together a diverse coalition of organizations and people, sometimes including lawmakers and corporations, and the whole effort may be considered to be a lobby; for example, in the abortion issue, there is a "pro-choice lobby" and a “pro-life lobby".
Most federal lobbyists are based in Washington, DC; an estimate from 2018 suggested that the count of registered lobbyists who actually lobbied that year was 11,656. The Washington D.C. lobbying industry is an exclusive one, with serious barriers to entry, since it requires them to have been "roaming the halls of Congress for years and years."
It is possible for foreign nations to influence the foreign policy of the United States through lobbying or by supporting lobbying organizations directly or indirectly.
Different types of lobbying
The focus of lobbying efforts
Generally, lobbyists focus on trying to persuade decision-makers: Congress, executive branch agencies such as the Treasury Department and the Securities and Exchange Commission, the Supreme Court, and state governments. Federal agencies are targeted by lobbyists because they write industry-specific rules; accordingly, interest groups spend "massive sums of money" trying to persuade them to make so-called "carve-outs" or try to block specific provisions from being enacted. A large fraction of overall lobbying is focused on only a few sets of issues, according to one report. It is possible for one level of government to lobby another level; for example, the District of Columbia has been lobbying Congress and the President for greater power, including possible statehood or voting representation in Congress; one assessment in 2011 suggested that the district needed to rethink its lobbying strategy, since its past efforts have only had "mixed results". Many executive branch agencies have the power to write specific rules and are a target of lobbying. Federal agencies such as the State Department make rules such as giving aid money to countries such as Egypt, and in one example, an Egyptian-American businessman named Kais Menoufy organized a lobby to try to halt U.S. aid to Egypt. In recent years there has been an increase in sanctions related lobbying, according to The Washington Post. In these lobbying efforts, foreign entities or governments lobby either to roll back sanctions that have been imposed on them by the U.S. government, or to impose sanctions on their rivals.Lobbyists represent their clients' or organizations' interests in state capitols. An example is a former school superintendent who has been lobbying state legislatures in California, Michigan and Nevada to overhaul teacher evaluations, and trying to end the "Last In, First Out" teacher hiring process. State governments can be lobbied by groups which represent other governments within the state, such as a city authority; for example, the cities of Tallahassee and St. Petersburg lobbied the Florida legislature using paid lobbyists to represent the city's interests. There is lobbying activity at the county and municipal levels, especially in larger cities and populous counties. For example, some Chicago aldermen became lobbyists after serving in municipal government, following a one-year period required by city ethics rules to abstain from lobbying.
Paid versus free lobbying
While the bulk of lobbying happens by business and professional interests who hire paid professionals, some lobbyists represent non-profits pro-bono for issues in which they are personally interested. Pro bono publico clients offer activities to meet and socialize with local legislators at events like fundraisers and awards ceremonies.Single issue versus multiple issue lobbying
Lobbies which push for a single issue have grown in importance during the past twenty years. Corporations generally would be considered as single issue lobbies. If a corporation wishes to change public policy, or to influence legislation which impacts its success as a business, it may use lobbying as a "primary avenue" for this purpose. Lobbies which represent groups such as labor unions, business organizations, and trade associations may be considered multiple issue lobbies, and be willing to accept compromise.Inside versus outside lobbying
- Inside lobbying, or sometimes called direct lobbying, describes efforts by lobbyists to influence legislation or rule-making directly by contacting legislators and their assistants, sometimes called staffers or aides.
- Outside lobbying, sometimes called indirect lobbying or grassroots lobbying, includes attempts by interest group leaders to mobilize citizens outside the policymaking community, perhaps by public relations methods or advertising, to prompt them to pressure public officials within the policymaking community. One example of an outside lobbying effort is a film entitled InJustice, made by a group promoting lawsuit reform. Some lobbyists are now using social media to reduce the cost of traditional campaigns, and to more precisely target public officials with political messages.
Taxpayer-funded lobbying