Annals of the Third House (April 1996 | Volume: 47, Issue: 2)

Annals of the Third House

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Authors: Bernard A. Weisberger

Historic Era: Era 5: Civil War and Reconstruction (1850-1877)

Historic Theme:

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April 1996 | Volume 47, Issue 2

I am always a little dubious of unanimous votes like the 421-0 landslide by which the House of Representatives passed a bill to regulate lobbying at the tail end of 1995. Already adopted by the Senate 98-0, it duly went to the President, who signed it on December 19 with a ringing official blessing: “Lobbyists in the back room, secretly rewriting laws and looking for loopholes, do not have a place in our democracy.” Bravo, indeed, but my skepticism arises from the fact that lobbyists may have a long-standing bad reputation, yet they have prospered over the years in spite of it. Evidently, they are doing something that Congress does not really want to terminate, and the absence of a single nay vote on the new law suggests to me that no one really expects it to brine painful changes.

 

The law in fact does not deny lobbyists “a place in our democracy” but simply tries to bring them out of those back rooms. It puts the “lobbyist” label on more of Washington’s hidden persuaders and demands extensive disclosures of what they are doing for whom and for how much. But bear in mind that it only strengthens the Lobby Registration Act of 1946, fully a half-century old, which had little luck in reducing the ranks and clout of lobbyists—and that law was anticipated by a failed initiative that dated back still another seventy-one years.

It was in 1875, when U. S. Grant was president, that the Massachusetts senator George Boutwell introduced a bill that would simply have accredited “respected and qualified attorneys” to represent petitioners’ interests before the legislature (a practice already in force in Great Britain). The Forty-third Congress expired before the Senate could consider it or act on a similar measure that had passed the House and which was designed to “regulate the appearance of agents and attorneys prosecuting claims or demands before Congress and the Executive Departments.” In 1876, the House adopted a simple resolution requiring “counsel or agents” of “persons or corporations” to register with the clerk, but it seems not to have been enforced.

Such measures recognized and accepted the fact of lobbying. Everyone knew it existed; lobbyists were already numerous and strong enough to be dubbed a “third house.” But the word itself was avoided in legislation as a political obscenity. Special pleading by any specific party was suspect even if the constituent did it in person. If undertaken by someone hired to do it, it was “base,” the very word used by the Supreme Court in 1874 in striking down a claim based on a law passed with the help of “lobby services.” A “man whom everybody suspects,” was The Nation ’s characterization of a lobbyist in 1869, and Walt Whitman referred to lobbyists in general as “the lousy combings and born freedom sellers of the earth.”

But the branding iron of fiction was hottest and left