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Lawrence Lessig

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The No Lobbying Pledge

Posted: 09/11/2012 4:10 pm

There are campaigns that attack the enemy directly -- think the British, in formation, Redcoats smartly cleaned. And then there are campaigns that attack indirectly -- think of a virus, passing on a handshake, entering the body at the next sneeze. Rootstrikers has launched a campaign of the latter sort, intended to infect the system of corruption that our Congress has become.

Here's some background to make this campaign understandable:

The most chilling passage in Jack Abramoff's incredible book, Capitol Punishment (2011) comes about a third of the way in. As Abramoff writes:

After a number of meetings with [the chief of staff], possibly including meals or rounds of golf, I would say a few magic words: "When you are done working for the Congressman, you should come work for me at my firm." With that, assuming the staffer had any interest in leaving Capitol Hill for K Street -- and almost 90 percent of them do -- I would own him and, consequently, that entire office. No rules had been broken, at least not yet.

Abramoff is describing perhaps the core of the corrupting influence that has evolved within our Congress -- that too many, including Members and their staff, view Capitol Hill as a "farm league for K St." No one wants to be a congressman forever (anymore). And with a potential salary increase of 1,452 percent (as calculated by United Republic), it's easy to see why so many would keep their eyes on the real prize -- a job as a lobbyist.

This fact is devastating for the prospects of reform. Any meaningful change of the corruption that is this system will certainly radically reduce the financial benefits of being a lobbyist. Lobbyists will never be eliminated, and neither should they be: they serve an essential role in advising the government about the effect of the government's actions, or inactions. But the value of lobbying services would fall dramatically if Congress were to adopt a system for funding elections that would remove the lobbyists from the center.

And thus the inherent conflict of interest that any reform would face: The very Congress that would be asked to vote for reform would be filled with people who have an interest against reform. To vote for reform would be to vote against a 1,452 percent pay increase. Who among us could do that?

What reformers thus need is a Congress without that conflict: Members who could not benefit from the bonus of being a lobbyist, and thus who could vote honestly and fairly about any proposals for reform.

Enter the No Lobbying Pledge.

The "No Lobbying Pledge" is a promise by a candidate that if he or she is elected then, for 10 years after serving in Congress, he or she will not profit from providing any "lobbying services." The pledge doesn't try to restrict what ex-Members can do. It simply blocks them from earning money from the provision of "lobbying services." It is a pledge that a candidate openly and formally makes, by signing a document that makes clear his or her commitment, and posting that signed pledge for the world to see.

This pledge is not like the ordinary pledge that candidates are now routinely asked to make. Many good souls -- No Labels, in particular -- are rightly opposed to pledges that purport to limit the freedom of legislators to make legislative judgments based upon their view at the time of what makes sense. But that is not what the No Lobbying Pledge does. It does not constrain any decision by a legislator while she is a legislator. It is a pledge about what she will do after she has served in Congress. And it is motivated by the concern that -- like Abramoff's chiefs-of-staff -- farm league congressman won't keep their eye on the ball.

Our challenge now is to build a movement to get candidates to take the pledge. Today, we announce the first: Representative Jim Cooper, a Blue Dog Democrat from Tennessee, who has been elected to Congress eleven times, and who coined the phrase, "a farm league for K St." A committed reformer of Congress, we could imagine no better member to be the first to take the pledge.

Now we just need 800 more. At our site, we have provided the infrastructure for fueling twitter campaigns to get members to sign.

But what's really needed are citizens to show up to a candidate event and ask the candidate directly: "Will you promise to work just for us, by taking the No Lobbying Pledge?" This is an uncomfortable question to ask, because everyone understands that it is an uncomfortable question for candidates to answer. But if we're to end this corruption, and restore this Republic, this is the courage of citizens that it will take.

So join us. Go to the site and download the pledge. Launch a twitter campaign to ask candidates in your district to take the pledge by uploading a challenge. Go to a candidate event and ask the question. Indeed, have a friend video you asking the question, and we'll post it and promote it. Do everything you can do to get both candidates in your district to take a position. And after you do, let us know, and we'll take it from there.

It is a long road to reform. We will get there, I am convinced. But we must first destroy the resistance to reform that now lives within this Congress. The No Lobbying Pledge is the virus to achieve that destruction.

 
 
 

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10:21 AM on 09/12/2012
Why not make it a law stating that members of congress wishing to enter into lobbying activities must wait 5 years for each year served in congress?
10:09 AM on 09/12/2012
Mr. Lessig, your genius in all matters political once again stands out like a beacon. Why aren't you running in 2012?
09:00 AM on 09/12/2012
Yes, I completely agree that it's high time we came up with a suitable euphemism for "lobby."
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modrocker
If I tell you who I am, my wife will disagree
08:23 AM on 09/12/2012
Yet Grover Norquist comes along with his pledge and the posers line up to sign up. Posing as "public servants" that is. Let's just see how fast and eager they'd be to sign a No Lobbying pledge. The entire system is a monument to corruption. And corruption is the beating heart of American politics.

I'm really going to miss Bernie Sanders when he retires. Almost as much as I miss Paul Wellstone. The honorable member of Congress is an endangered species. And lobbying has played as big a part as anything in wiping them out.
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den1953
The National Inquire of Politics the GOP!
08:05 AM on 09/12/2012
Then along comes Mitt Romney a candidate that believes K Street in Washington should act as Manpower and hire more lobbyist, it is Romney's new job creation for Corporate America being that Romney would be just another Corporate American puppet available for the Corporate puppet masters. After all why do we think people like the Koch Brothers and Sheldon Adelson are dumping millions into Romney's campaign coffers, beside massive tax cut returns wealthy donors always get preference over the serfs!
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straightuptalker
What ever happened to common sense?
05:46 AM on 09/12/2012
I seem to recall another "pledge" from our president during his campaign for office in 2008, where he stated he'd get rid of lobbyists in the White House, but it never came to fruition, just like his promises of "hope and change". Apparently, the lobbyist groups are too big to conquer, too strong to bend, too focused to lose sight of their special interests, and too rich to get over themselves. If only they acted on behalf of the greater good, what a difference it would make for us common folk.
03:45 AM on 09/12/2012
That's never going to happen! The lobbyists will make sure of that.

What's needed is a repeal of the part of the Constitution that allows Congress to make its own regulations and set its own salaries. That needs to be replaced by an amendment that lets the America public vote on regulations and salaries every presidential election year. It would allow current regulations to be approved or changed at the discretion of the public.

When the kids no longer respect and abuse the freedom they've been given, it's time for Mom and Dad (the public0 to put their foot (feet?) down and pull in the reins.
03:43 AM on 09/12/2012
Yup.
Needed for Senators, Congressmen, Staffers, High Level Bureaucrats, all should have some kind of pledge like this.
You hit the nail on the head.
But... does it not say something about the ethics, memes, mores, principles, customs, and behaviour of those who succeed to great power, wealth, fame, influence... that they should need to be told they should sign such a pledge???
Sigh.
Oh for the day, when such "teaching articles" by you are not needed any more!
Oh for the day when pledges are not needed anymore.
Yes, I know I am being unrealistic. But one can hope, and at the same time strive.
DrPaulProteus
No way to delay that trouble comin' every day
02:09 AM on 09/12/2012
I applaud the idea of lessening the influence of lobbying and throwing a doorstop into the revolving door described in the piece, but this sounds like about the easiest pledge to break that I've ever heard of. There's no accountability there after leaving office. Yelling "you broke the pledge" will most likely be met with a shrug by most if it means a 1452% (or fraction thereof) pay raise.
09:07 AM on 09/12/2012
Well, exactly. Surely a retired politician, who was influential enough to be worth hiring, would be capable of dealing with a few toothless reformers. I'm afraid the political Golden Rule is closer to a natural than a social law.
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Carl Crooks
The last moderate conservative in America...
01:27 AM on 09/12/2012
Congressional and senatorial term limits would greatly reduce the corruption on capitol hill,Career politicians spend most of their time focusing on their next re-election and vote accordingly and put the greater good of the people on the back-burner.
12:23 AM on 09/12/2012
Prof. Lessig. Why do you take Abramoff's claims literally and then use his publisher's "analyses" to support his claims? Why don't you start with real change supporting what we really need re former Members of Congress who don't register as lobbyists because all they do is "consulting" work. And also support getting rid of the loophole that allows lobbyists to avoid registering with Congress because they spend less than 20% of their time lobbying. Get real by supporting transparency and accountability for lobbyists. The American League of Lobbyists has proposed meaningful changes in the law that benefit the public interest. Let's have your thoughtful response to those proposals.

Howard Marlowe, President, ALL
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sd4david
10:43 PM on 09/11/2012
Simple. Anyone who has been on the government payroll as an elected official or staff will LOSE their entire government pension if they become a lobbyist at anytime after they leave office. Also, if you leave and become a lobbyist, figure out how to make a law they cannot serve in government again. the revolving door is truly sickening/
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4eva
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09:53 PM on 09/11/2012
People like their pork
09:16 AM on 09/12/2012
Yet we disguise our tastes through the use of irregular verbs: My agent is an ambassador, your agent is a lobbyist, his agent is an influence peddler.
08:59 PM on 09/11/2012
I have a question about the pledge. I, and many people I know, left staff jobs on the Hill not to go to K Street to become rich but to non-profits to keep advocating on issues that are important to us. I'm not complaining about my salary -- I'm certainly comfortable with what I earn -- but my point is that many of us aren't doing this to get rich. Would this ban apply to lobbying/advocacy in the non-profit realm?
12:28 AM on 09/12/2012
Non-profit lobbyists are no different than lobbyists for small businesses, teachers, and all the rest of us lobbyists. "Getting rich" is not what lobbying is about. It's about getting information to elected officials to help them understand issues. If you are a lobbyist, you should register with Congress so the public knows who you are, who is paying you, what they are paying you to do, and how much.

Howard Marlowe, President
American League of Lobbyists
09:19 AM on 09/12/2012
Of course, by "understand" the lobbyist means "agree."
08:36 PM on 09/11/2012
Truly brilliant plan. I can't wait to read more and to begin doing my part! Thank you once again, Lawrwnce Lessig, for your lucid view of the problem and possibly its solution.
09:20 AM on 09/12/2012
Have you ever considered Florida real estate as an investment?