I. Lobbying Scandals with a Ring of Familiarity: Now & Then

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I. Lobbying Scandals with a Ring of Familiarity: Now & Then

Chapter Eleven Outline

I. Lobbying Scandals with a Ring of Familiarity: Now & Then

During the past two decades, many Native American tribes have undergone a rags-to-riches story. Mistreated by the federal government for many years, some Native American tribes are now reaping the rewards of America’s interest in gambling. Many Native American tribes benefited from that federal legislation, and in the 1990s tribal leaders wanted to press their advantage further. To this end, several tribes hired lobbyist Jack Abramoff to represent them before Congress. Abramoff proved especially effective in this role, helping defeat federal legislation that would have assessed the unrelated business income tax (UBIT) on Native American casinos. Abramoff may have done more than just “argue forcefully” on the tribes’ behalf: he allegedly spent millions of dollars to influence politicians. Abramoff’s illegal acts did not end at bribery; he also defrauded the very Native American tribes he had been hired to serve. By overbilling Indian gambling interests and orchestrating lobbying activities against his own clients, Abramoff attempted to play both sides of the fence.

Immediately after the Civil War, railroads were the dominant economic interest in Washington, DC. Seeking legislative support, the Union Pacific Railroad in particular exerted pressure on well-known Congressmen of the time. The key individual responsible for that pressure was a fellow Congressman, Oakes Ames (R-MA). For example, Ames allowed members of Congress to purchase railroad shares at face rather than market value; in return, the members agreed to ignore illegal corporate transactions and to help produce dividends for the railroads they now owned. Ames’s scheme eventually ensnared the sitting vice president of the United States, Schuyler Colfax, as well as his successor as vice president, Henry Wilson. Ames was censured after a House investigation; Colfax was nearly impeached. In addition, Ames’s actions nearly ruined the Union Pacific railroad, which went bankrupt in the 1870s. But at a time when corruption laws were still in their infancy, many politicians escaped with nothing more than “the embarrassment of public exposure.”

During these two critical periods in American history, private groups and economic interests exerted their will on the public institutions of government to such a great extent that all distinctions between public and private seemed to break down. The railways during the post– Civil War period and Native Americans in the 1990s rose to considerable economic prominence. Unfortunately, the aggressive lobbying on behalf of these two groups often went too far.

II. Pluralism and the Interest Group System

The U.S. political system allows individuals to influence public policy through voting, free speech, the press, public opinion polls, and interest groups. In Federalist #10, James Madison expressed concern for the influence of “factions,” while acknowledging the appeal of organizations with collective interests—and he expected that the existence of many conflicting interest groups would ensure that no one entity would become too powerful.

A. What Is an Interest Group? 1. An interest group (also called a “pressure group” or “organized interest”) is an organization of individuals with shared goals that tries to link with and influence public policy. This right to assemble in groups is guaranteed by the First Amendment.

2. In the 1835 classic tribute to group influence, Democracy in America, Frenchman Alexis de Tocqueville observed and praised the impressive force of group activity and influence in the early workings of the U.S. political system.

3. Pluralism says that public policy is the result when interest groups compete to promote laws that benefit their members. Majoritarianism says that public policy is the result of the preferences of most citizens.

4. Political scientist Robert Dahl promoted pluralist ideas by proposing that Americans are represented in government primarily through interest groups and that the U.S. political system offers these groups as “access points” in reaching Congress, the courts, the executive branch, and the media. Political scientist David B. Truman advanced the idea that group activity is a natural consequence of shared concerns.

B. The Pros and Cons of Interest Groups

Throughout history, citizens and leaders such as James Madison have acknowledged that interest groups can be powerful, have the potential to be dangerous, but cannot be eliminated. Interest groups invite criticism from some circles and praise from others.

C. The Pros

Many observers strongly support interest groups as the key to advancing ideas of the people. The arguments for interest groups include the following:

1. They give all groups in society a chance to win support for their ideas.

2. They provide a democratic outlet for the natural human inclination to seek out others with similar ideas.

3. They allow for the right of association and assembly, protected by the First Amendment.

4. They allow diverse opinions to be expressed and supported by a wide range of demographic and economic elements.

D. The Cons Not everyone approves of interest groups. The political extensions of many interest groups, called political action committees (PACs), have caused controversy regarding the financing of political campaigns. Interest groups came to be characterized as tools of the wealthy rather than supports for the people. The arguments against interest groups include the following:

1. They lead to unfair policy because they largely support wealthy individuals who have the resources to further their beliefs and causes.

2. They are dominated by large corporations that focus on maximum profits and not the good of society.

3. They are so numerous and their activity is so great that they slow down the political process.

4. Their leaders are not elected, so their powerful presence is an affront to democracy.

5. They provide benefits for a few, at the cost to many.

E. Interest Groups versus Political Parties

Political parties differ from interest groups in two basic ways. Parties focus mainly on elections, while interest groups work through the courts, Congress, and executive agencies. Parties embrace all-encompassing ideologies and try to appeal to as many people as possible, while interest groups focus on narrowly defined issues, called special interests, and appeal only to those whose beliefs are advocated by the group. That is why in the U.S. there are only a few parties, but thousands of interest groups.

F. Interest Groups and Social Movements

American history has been defined by a number of social movements, the large informal gatherings that have become powerful mobilizations for civil rights, women’s rights, consumer safety, labor issues, and environmental protection. Such movements, propelled by interest groups, have been political, economic, and social in nature.

III. Interest Groups in Action

The influence of interest groups began in colonial times with the Sons of Liberty and their push for freedom from Britain. The American Federation of Labor (AFL), formed in 1886 and led by Samuel Gompers for forty years, created the first broad-based labor union and led to the establishment of the U.S. Department of Labor. The National Association of Manufacturers (NAM), created in 1885, represented the manufacturing businesses, and its goal of making profits directly opposed the AFL’s goals of higher wages, better working conditions, benefits, and job security. In the 1950s the AFL joined the Congress of Industrial Organizations (CIO) to form the AFL-CIO. The massive growth of the economy starting in the late 1880s led to increased tensions between business and labor—still seen in today’s powerful labor and business interest groups.

A. The Growth of Interest Groups

The number of interest groups has grown due to the massive growth in the government and the federal budget.

1. Fueled by programs of the New Deal (1930s) and the Great Society (1960s), federal government expansion led to the increase and strength of interest groups as they acted to influence its policies and laws.

2. Interest group numbers increased more than 400 percent over the past fifty years (from 5,843 to 23,298). In recent years, lobbying spending in Washington has increased dramatically (from $1.43 billion in 1998 to $3.47 billion in 2009). Political movements, high-profile scandals, and sophisticated technology have led to a more educated, socially aware, and politically concerned public.

3. Rising costs of political campaigns have led to the creation of more powerful interest groups, so the Federal Election Campaign Act of 1971 put limits on individual and corporate campaign contributions. In response, interest groups began forming political action committees (PACs) to finance campaigns. Today PACs are allowed to donate $5,000 directly to campaigns but must support at least five candidates in an election year.

B. Iron Triangles, Issue Networks, and the Influence of Groups

1. Three groups influence the creation of any public policy: (1) congressional committees and subcommittees assigned to the area of policy, (2) executive agencies of government that administer the policy, and (3) private interest groups that want to influence the policy. This three-sided network, called the iron triangle, dominates the creation of public policy.

2. U.S. defense policy demonstrates the workings of an impenetrable iron triangle: congressional committees appropriate funds for defense contracts, the Department of Defense implements the defense systems, and private contractors research and design the systems.

3. Issue networks are broader groups—composed of congressional staff people, journalists, and researchers—that attempt to influence a particular policy area.

C. Membership in Groups 1. An estimated four of five American citizens belong to at least one interest group, including labor unions, professional associations, and special interest organizations.

2. Individuals involved in interest group activities tend to be better educated, professionally employed, and in higher income brackets—a tendency that has led to criticism that interest groups exist for the good of the wealthy.

3. People join or support interest groups for their specific and tangible benefits such as higher wages or insurance discounts (called material benefits), the rewards for society in general (called purposive benefits), and satisfaction drawn from interacting with other like-minded individuals (called solidary benefits).

D. What Makes Some Groups More Powerful than Others?

Three characteristics of interest groups determine their power and influence:

1. The size of membership: The largest interest groups are generally the most powerful, demand the most response from elected leaders, and raise the most money. (Example: American Farm Bureau Federation)

2. The wealth of members: Interest groups composed of wealthy members have huge advantages over others, allowing for significant donations by their members to the causes and candidates they support. (Example: American Trial Lawyers Association)

3. The dedication of members: Interest groups with a committed membership have the benefit of loyal followers who contribute time, effort, and resources to their agendas. (Example: National Right to Life Committee)

IV. Types of Interest Groups

Though they engage in a wide variety of activities, most interest groups in America can be classified as either economic or non-economic in nature.

A. Economic Groups

Two out of every three interest groups in America are economic interest groups— those that promote economic conditions favorable to and economic opportunities for their members. They are the largest, most powerful, most organized, and most influential groups in American politics.

Three categories of economic groups are private businesses, labor unions, and professional associations. 1. Business Groups: The nation’s and world’s largest corporations maintain internal units that act as their own interest groups to influence policy in a number of areas—environmental regulations, safety standards, labor laws, etc. (Example: General Motors). Most businesses belong to associations that are involved with interest groups. A trade association represents the interests of a particular industry and draws members exclusively from that industry, uniting businesses that face similar concerns. (Example: American Society of Travel Agents) In smaller groups, members are often more willing to organize because they see the “logic of collective action”—the theory that people working together in a group are more effective than the same number of people working independently. Free riders are people who do not join or contribute to an interest group that happens to represent their interests, so they get the benefits without any effort or cost on their part.

2. Labor Unions: Workers began organizing labor groups in the late 1880s in response to business owners who exploited them. By 1940, up to 35 percent of American workers belonged to unions, whereas today only 13 percent do so. This decline resulted largely from shifts in Americans jobs—from less skilled jobs, which tend to be unionized, to professional and service jobs, which tend not to be. Some professions are unionized, however. (Example: the National Education Association, the largest union in the U.S.) Certain laws give bargaining rights to unions, varying by state. Open shops give employees the option to join. Closed shops require union membership, and were banned by the Taft-Hartley Act of 1947. Union shops require that employees either join the union or pay dues after a certain period.

3. Professional Associations: As professional, technical, and service jobs have increased, so have professional associations that represent them. (Examples: the American Medical Association, the American Bar Association, and the National Association of Realtors)

E. Noneconomic Groups

Noneconomic interest groups exist primarily to advance causes or concerns that are not related to commercial or financial interests of their members. Three categories of noneconomic interest groups are public interest groups, issue or ideological groups, and government groups.

1. Public Interest Groups: They work for the collective good of citizens and consumers. Some promote political reforms that enhance the role of individuals in the political process. (Examples: the League of Women Voters, Common Cause, Ralph Nader’s advocacy groups for public safety)

2. Issue and Ideological Groups: Issue groups focus on specific policy issues or causes (Examples: National Organization for Women, Sierra Club). Ideological groups focus on broader ideological perspectives by promoting more general approaches and ways in which the government should act. (Examples: Americans for Democratic Action, American Civil Liberties Union, Christian Coalition of America)

3. Government Interest Groups: Most interest groups support private concerns (either of individuals or businesses), but groups representing the interests of governments also push their causes. States, large cities, and even foreign governments often employ their own lobbyists and organize collectively through broad groups called intergovernmental lobbies. (Example: National League of Cities)

V. How Interest Groups Achieve Their Goals

A. Lobbying

Lobbying refers to the ways in which interest groups go about influencing government officials. Lobbyists are the professionals who provide information and expertise to public officials to gain favorable attention for their group’s beliefs. Their activities are strictly regulated to avoid gift-giving and outright bribery. Grassroots lobbying occurs when interest groups mobilize public opinion on a particular position to influence officeholders who want to be re-elected. Groups with high membership can be effective because they represent many potential voters.

B. Supporting Candidates and Parties in Elections

Interest groups provide funds, endorsements, and public announcements for candidates and parties they support. Business and conservative groups tend to support Republicans, while labor unions and liberal groups tend to support Democrats.

C. Litigation

Some interest groups use the courts to further their goals by filing lawsuits, initiating laws, requesting injunctions, or filing briefs (including “friend of the court” briefs to support an argument in an existing court). Some provide funding to pursue lawsuits or support the appointment of certain judges.

D. Persuasion Campaigns

Some interest groups run media campaigns to educate or persuade the public and gain support for their position. They use tactics such as “targeted mass mailings” as well as television, radio, newspaper, magazine, and billboard communications.

VI. Now & Then: Making the Connection

Since the days of James Madison and his concerns about “factions,” interest groups have grown to become a common and often controversial part of the American political system. They act as links between citizens and public policy, and they support the First Amendment right to organize and assemble in order to collectively influence government actions. Though they took place nearly a century and a half apart, both the railways and the Native American tribes were interest groups that exerted a strong influence on government policymaking and both were well- respected for their contribution to the American landscape. Yet when Oakes Ames and Jack Abramoff, respectively, attempted to influence public policies and agreements using greed as an enticement, the democratic system suffered.

VII. Chapter Summary

Pluralism and the Interest Group System

A. Interest groups are the popular structures used to influence government to advance particular shared goals. Pluralism is the theory that public policy is created when interest groups compete to promote laws that benefit their members.

B. The interest group system provides diverse groups the access and opportunity to compete for influence over public policy. It is criticized for allowing the elite too much power over public policy, encouraging too many causes that don’t support public interest, and slowing down the policymaking process.

C. Interest groups rarely run candidates for public office, as do political parties, but instead focus narrowly on special issues. They grew in number and influence over the past century as the government itself expanded and its citizens became educated and concerned about political issues. Though their influence is informal, they play key roles in public policymaking through formats such as iron triangles and issue networks.

Interest Groups in Action

A. The growth of interest groups in the United States during the twentieth century was a product of the tremendous growth of government in general over that same period and the increased concerns about political issues that are expressed by a better- educated mass public.

B. Interest group influence over public policy is theoretically informal; in reality, interest group participation has become ingrained in the process through structures such as iron triangles and issue networks.

C. Interest groups offer three types of benefits to those who join or support them— material benefits, purposive benefits, and solidary benefits. “Free riders” reap rewards from interest groups without joining or contributing. The strongest groups have a large, loyal, and wealthy membership.

Types of Interest Groups A. Economic interest groups include business groups such as industry trade associations, labor unions, and professional associations. Non-economic interest groups include public interest groups, issue or ideological groups, and government interest groups. Both types work toward their goals through lobbying activities, support of candidates in elections, litigation, and persuasion campaigns.

How Interest Groups Achieve Their Goals

A. Interest groups achieve their goals through lobbying activities, supporting candidates in election contests, litigation, and persuasion campaigns.

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