April 11, 2006

Revisiting Why Current Lobbyist Reforms Will Fail

David Boaz, the Executive Vice President of the Cato Institute, recently wrote these words about why lobbyist reform initiatives will fail:

When you spread food out on a picnic table, you can expect ants. When you put $3 trillion on the table, you can expect special interests, lobbyists and pork-barrel politicians.

That's the real lesson of the Abramoff scandal.

Jack Abramoff may have been the sleaziest of the Washington lobbyists but he's not unique. As the federal government accumulates more money and more power, it draws more lobbyists like honey draws flies.

People invest money to make money. In a free economy they invest in building homes and factories, inventing new products, finding oil, and other economic activities. That kind of investment benefits us all -- it's a positive-sum game, as economists say. People get rich by producing what other people want.

But you can also invest in Washington. You can organize an interest group, or hire a lobbyist, and try to get some taxpayers' money routed to you. That's what the farm lobbies, AARP, industry associations, and teachers unions do. And that kind of investment is zero-sum -- money is taken from some people and given to others, but no new wealth is created…

The number of companies with registered lobbyists is up 58 percent in six years. The amount of money lobbyists report spending has risen from $1.5 billion to $2.1 billion in that time…

And why not? After all, federal spending is up 39 percent in the same period. That means another $640 billion a year for interest groups to get their hands on.

With federal spending approaching $3 trillion a year -- and even more money moved around by regulations and the details of tax law -- getting a piece of that money can be worth a great deal of effort and expense…

Nobel laureate F.A. Hayek explained the process 60 years ago in his prophetic book The Road to Serfdom: "As the coercive power of the state will alone decide who is to have what, the only power worth having will be a share in the exercise of this directing power."

The United States is not Russia or Nigeria, states where government power really is the only thing worth having. But when the government has more money and power, then more of society's resources will tend to be directed toward influencing government…

Abramoff specialized in manipulating regulations, especially the licensing of casinos. If gambling wasn't so tightly licensed and regulated, then it wouldn't produce extraordinary profits and lavish lobbying…But his efforts were small potatoes compared with the hugely expensive and complex programs of the federal government and the lobbying generated by all that spending and regulation.

During the 1970s, when Congress created massive new government regulations, businesses had to invest more heavily in lobbying. Some of it was defensive -- to try to minimize the cost and burden of regulation.

But of course some of the lobbying was more cynical, to ensure that costs fell more heavily on competitors. One study in 1980 showed that 65 percent of the CEOs of Fortune 500 companies came to Washington at least every two weeks. That was up sharply from 1971, when only 15 percent of CEOs visited Washington even once a month…

Meanwhile, the taxpayers have little voice in the halls of Congress. The National Taxpayers Union spent less than $175,000 on lobbying in 2004. And the NTU is one of the very few organizations whose lobbying is aimed at decreasing the size and overall reach of government.

As long as the federal government has so much money and power to hand out, we'll never get rid of the Abramoffs. Restrictions on lobbying deal with symptoms, not causes.

Boaz' thoughts build on the thoughts of Walter Williams and Frederich Hayek, as highlighted in this posting. Follow the link in that posting to another posting with multiple examples of how both political parties are guilty of increasing the size of government at the expense of working families and retirees all across America.

The issue is the engorged size of government, which only benefits the powerful - be they corporations, unions or any other significant special interest.

Why do we tolerate this?

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Thank you for the pertinent column. Justice Stephen Breyer released a treatise about a year or so ago (longer? time flies) titled "Active Liberty." In the wake of the Abramoff scandal--which, incidentally, it seems will not foment the lobbying reform some had hoped for--you could do worse than to consider the theme Breyer propounds.

In essence, the Justice contends that our Constitution's main purpose is neither to regulate social values nor commercial interests. Instead, our Constitution is a guarantor of participatory self-government. Put another way, the document not only bestows in the people the power to govern themselves, but prescribes a set of measures and considerations the follow in developing government to ensure that power remains with the people.

Participatory self-government requires three functions, above all. Power must link back directly to the people (i.e. officials are elected by the people), the people must actively participate in the disbursement of power (i.e., vote) and people must have the capacity to vote intelligently (i.e. understand the issues enough to make an informed political choice between candidates).

This reading of the Constitution echoes those set forth by contemporary historians Bernard Bailyn and Gordon Wood (of Brown University).

Let's settle on this first tenet for a moment. If we abide by a system whereby wealthy corporations may pay for their access to elected officials, and therefore to power, we are violating the first tenet of a participatory democracy. In effect, we are enfranchising the wealthy interests at the expense of those not wealthy enough to afford to hire a lobbying firm. Lobbying has become a major threat to "We the People," and we need to stop it through legislation.

Posted by: Dan Petrilli at April 11, 2006 10:52 AM

One start might be to reinstall Pay as You Go mandates at the federal level.

Posted by: bren at April 12, 2006 6:04 PM