The President is disappointed that the DISCLOSE Act died in the Senate last week. He said, among other things, that “Wall Street, the insurance lobby, oil companies and other special interests are now one step closer to taking Congress back and returning to the days when lobbyists wrote the laws.”
Wait just a second. Surely the President isn’t suggesting that we’ve recently been in an age where lobbyists have not been writing legislation. It’s an open secret that they’ve always helped with drafting bills—including legislation that the President has championed, such as reform of the health care and financial industries. The DISCLOSE Act wouldn’t have changed this status quo in the slightest.
What it would have done instead is make it harder for the vast majority of Americans—including those of us who can’t afford to hire lobbyists—to have a real say in the political process. Unlike lobbyists, they don’t get to air their views to lawmakers on a regular basis. In order to advance the political issues they care about, people have to let their representatives know that they will be held accountable at the ballot box for the positions they have taken on those issues. Doing that requires communicating with as many voters as possible in the most effective manner possible. This can happen only if individuals are free to associate with others and pool their resources so that they will have enough money to run ads in popular media such as radio and television.
The DISCLOSE Act—by imposing new and burdensome costs on free speech—would have stifled this freedom. Indeed, some of its supporters have all but admitted as much. Because incumbent politicians don’t relish the prospect of lots of ads that hurt their reelection chances, it shouldn’t surprise us that so many of them voted for DISCLOSE. They’d rather play an insiders’ political game with lobbyists who quietly go about their work than be subject to criticism in a noisy public arena they don’t control.
Thus, the argument that the DISCLOSE Act would have decreased the power of K Street to the benefit of
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