It was a declaration of war on democracy. Powell called on corporations to raise armies of lobbyists and descend on Washington. And, boy, did they respond.
Today, lobbying is a multi-billion-dollar industry -- more than $3.3 billion in 2017 alone. More than 11,000 registered lobbyists are deployed to work day and night to influence our government, largely on behalf of wealthy clients. And, by the way, that memo worked out pretty well for Lewis Powell too -- a few months later, he was named to the Supreme Court.
Nobody would argue that companies have nothing to contribute to our democratic process. Of course they do. But today, lobbyists working for the wealthy and well-connected crowd the halls of government like it's happy hour every hour. And particularly in Congress, where staff budgets and in-house expertise continue to shrink, it's easier than ever for them to simply overwhelm our democracy so that the lobbyists -- or the lobbyists' paying clients -- are the only ones whose stories get heard.
That's not how a government of the people -- all the people -- is supposed to work. So let's fix it.
Start by fixing the Swiss cheese definition of a "lobbyist." Require everyone who gets paid to influence government to register.
And bring lobbying out into the sunlight. Make every single meeting between a lobbyist and a public official a matter of public record. Require public disclosure of any documents that lobbyists provide to government officials. Put it all online. And if that seems overwhelming -- too many meetings, too many company-drafted bills, too many love notes -- think about what that means is going on in the dark recesses of our government right now.
Put a windfall tax on excessive lobbying, to ensure that when companies spend millions trying to stop the government from protecting the public, the cops on the beat get more resources to fight back.
And while we're at it, let's strengthen the government's independence from lobbyists. Raising Congressional salaries to track other federal officials would mean that low-paid staffers don't feel compelled to audition for jobs with influence peddlers when they should be standing up to them.
Finally, let's just plain get rid of some of the most corrosive and dangerous lobbying practices. The trial of Donald Trump's campaign manager has exposed how foreign governments hide their efforts to influence the American government through lobbying. We should ban Americans from getting paid to lobby for foreign governments -- period. If foreign governments want to express their views, they can use their diplomats.
One more piece: End legalized lobbyist bribery by prohibiting lobbyists from writing campaign checks or giving personal gifts to anyone running for or holding federal office.
Reining in corporate lobbyists will make a big difference. But there's more.
Too often, decisions in the federal agencies charged with implementing our laws end up captured by the very same corporate giants that they're supposed to be keeping in check. It's time for that to stop. Corporations should have a seat at the table, but they shouldn't take over the whole restaurant.
And that's my Fourth Big Change: End corporate capture of rule-making.Start by empowering beleaguered agencies to stand up to well-heeled corporate giants that don't want to follow any rules.
When someone lies to a court, we call it "perjury." But, too often, when companies lie to regulatory agencies during the rule-making process, they just call it "analysis" -- and no one bats an eye. Meanwhile, Donald Trump's EPA has the gall to try to block objective, high quality science from being considered in the rulemaking process.
Enough of this garbage. Prosecute companies that knowingly mislead government agencies. And stop the practice of companies paying for sham "studies" designed to derail the rule-making process. Instead, let's force anyone who submits a study to a regulatory agency to disclose who's paying for it and who's editing it. If studies with financial and editorial conflicts don't meet minimal methodological standards, throw them out before they disrupt the process.
Fifth Big Change: Restore faith that ordinary people can get a fair shake in our courts.
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