Legislation
Class Notes
Wrap-up of Jim Wright
Did
he acquire the thing at below fair market value? You could contest the finding. They rely on the fact that he filled out a
disclosure form saying that he got the well before he discovered than it had
substantially more value than he paid for it.
The
committee is reviewing the facts. The
person who gave the gifts had a direct interest in legislation.
What
about normal social relationships?
Federal regulation of
lobbying
There
are criminal statutes, there are codes of conduct, and there are Senate and
House rules on gifts. The federal regulation
of lobbying activity, however, can best be described as “lite”.
There
are two approaches to lobbying: direct
and social lobbying. There is also mobilizing support,
trying to get people to contact their Congressman. Grass roots approaches are at least as
prevalent as direct lobbying. How
come? Why the change in emphasis? Maybe it has to do with all the regulation.
Why
is it more effective to do grass roots lobbying? People will do what works, and grass roots
lobbying tends to work.
Part
of it is the perception. Grass roots
organizations can create the perception that you’re hearing from ordinary
people all the time. Members don’t just
receive cookie-cutter postcards. They
look like they’re coming from individuals.
But the letters are being cranked out by a technology operation. There is a barrage of what seem to be
individualized phone calls or letters.
Within
the first seven days of
One’s
view of the value of lobbying is affected by how you view the legislative
process and how a legislator should relate to her constituents. If you think that a legislator is an agent
rather than a trustee, should we be regulating lobbying, and why? What might we be worried about by
lobbying? Lobbying could possibly lead
to the appearance of corruption. That’s
the only basis for regulating lobbying that spawned the 1946 Act. It turns out that the 1946 Act prohibited
more or less nothing. It’s worth asking whether disclosure alone
can really be enough to regulating lobbying.
The assumption is that disclosure is a “disinfectant”.
They
used to print a list of honoraria in the Washington Post. They also would sometimes print other stuff. What’s the effect of these stories? Would it be negative publicity? Do people pay attention to this stuff?
Is
AIPAC embarrassed for being shown as able to get Senators to go places? Not necessarily. Disclosure might show that AIPAC is really
powerful.
Federal Regulation of Lobbying
Act
Who
is covered under § 307 and 308? There
are a couple of phrases. People collect
money for the purpose of advancing or defeating legislation. Is there anything on its face that covers
direct versus grass roots lobbying? The
text says “directly or indirectly”, which would seem broad enough to cover
people who act indirectly through constituents in a grass roots context. But that’s not how the Supreme Court reads
the language.
What
does the Supreme Court hold on this issue?
It depends on “direct communication with members of Congress”. That doesn’t appear anywhere in § 307.
You
try to construe a statute so you can save its constitutionality.
The
distinction between direct and indirect lobbying is important. The Court seems sensitive to this
distinction.
We’re
not going to look very closely at Harriss. Lobbying used to be a lot less effective than
it is today.
Lobbying Disclosure Act of
1995
Who
qualifies as a lobbyist under the new law?
How different is it than what existed under 1946 statute? It’s somebody who has a lobbying
contact. How much time do you
spend? What are you supposed to be
doing? You have to spend 20% of your
working hours in a six-month period on lobbying activities, and then you have
to register.
What
is “principal purpose”? That’s like
their full time job. What do we mean by
principal or primary? That’s 50% plus
one. 20% is a lower threshold than
50%. In the first six months of the new
laws operation, the number of people who registered as lobbyists jumped. Now it’s 25,000. If you lower the threshold, you get a lot
more people involved.
Say
we had a law firm in
What’s
so bad about reporting every six months?
It has a cost. Plus it will be
open to public records.
It’s
20% to that client. Is that important? You could spend more than 20% of your time on
lobbying but not for any particular client.
What
type of activity is registration required for?
Seriously, what?
If
you do stuff to try to do stuff or persuade people to do stuff, then situations
may be covered in things like this.
Where, or what kind of information has to be disclosed about these lobbying
contacts? What kind of information doesn’t
have to be disclosed? Should we worry
about the difference? Congress drew a
line.