Where is lobbying protected in the constitution
In the early s lobbyists practice their trade not only in the halls of the U. Capitol and the corridors of state legislatures, but also on playgrounds, in boardrooms, in manufacturing plants, at cocktail parties, and in retirement homes. Lobbyists include schoolchildren who want to prevent their favorite neighborhood park from becoming a shopping mall, corporations who contribute to a particular legislator's campaign, lawyers who speak with legislators on behalf of their clients' business interests, cities who lobby the state legislature for changes in transportation laws, presidential aides who suggest new amendment language to congressional committee members, retired persons who want to save their government benefits, and many others.
Each type of lobbyist attempts to win support for a particular point of view. Samuel Ward, a well-respected lobbyist, was so successful at influencing legislators that in the mids Congress decided to investigate him. When questioned about the elegant dinners he orchestrated for politicians, the self-described King of the Lobby said, "At good dinners people do not talk shop, but they give people a right, perhaps, to ask a gentleman a civil question and get a civil answer.
Despite the noncorrupt success of lobbyists such as Ward, lobbyists during the mid-nineteenth century were often regarded as ethically questionable individuals. This reputation was enhanced whenever lobbyists abused their position with improper practices such as bribing members of Congress. Although lobbying is specifically protected by the Constitution, numerous attempts have been made to regulate it—attempts that, not surprisingly, lobbyists have historically resisted.
Congress began efforts to reform lobbying in , when it banned campaign contributions from banks and corporations. In proposed restrictions on domestic lobbying were first considered, but these were not approved until , when Congress passed the Federal Regulation of Lobbying Act 2 U. In lobbyists challenged the Regulation of Lobbying Act for being unconstitutionally vague and unclear. In United States v.
Harriss , U. Q: Are lobbyists justified in a democracy? A: The Constitution guarantees the right to petition government. First Amendment: 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 Supreme Court said in a case:. Supreme Court : [The] rights to assemble peaceably and to petition for a redress of grievances are among the most precious of the liberties safeguarded by the Bill of Rights. Once an issue has been brought been to the attention of government legislature, it can easily be superseded by any other issue that comes to light without lobbyist pressure.
The presence of lobbyists in Washington allows for constant communication, and continued support of specific interests. As alluded to above, lobbyists serve an important purpose in aggregating the interests of many individual constituents. Any individual can have a cause, but with over 10, bills introduced to the U. Congress over every two-year session for an example, it is close to impossible for one voice to be heard, let alone actioned upon. Lobbying helps to cover any gaps in knowledge.
With each issue brought to legislative attention, lobbyists present research and facts about their issue and then try and persuade the government into action. Lobbyists additionally will bring the best, most thorough knowledge and expertise to an issue, as the issue they lobby for is their sole interest and reason for employment.
Lobbying is an integral part of a modern participatory government and is legally protected. In the U. The legal framework in support of lobbying notwithstanding, lobbying should continue to play a role because of its many benefits. With lobbying, personal interests are aggregated into lobby groups; strengthening their voice, constant pressure is applied to government legislatures whose attention can often be pulled in various directions, and finally with lobbying, legislatures are provided with expert knowledge of a subject matter they may not normally be educated enough on to provide for their constituents.
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I Accept Show Purposes. Your Money. Personal Finance. Your Practice. Popular Courses. Table of Contents Expand. Why Is Lobbying Legal? Lobbying Disclosure Act of Participatory Democracy.
Lobbying Affects Everyone. Why is Lobbying Important? Lobbying Access.
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