Regulating Lobbyists: Law, Ethics, and Public Policy

Abstract

There are valuable legal steps that can and should be taken to minimize the risks that lobbying will corrupt the exercise of governmental power. As this article demonstrates, for virtually every problem that one can identify relating to lobbyists, some legislative body, somewhere in the country, has already found a plausible solution. It is important to remember that regulating lobbyists is a continuing task that faces every generation. Even when reforms are passed, they are often eroded by legal changes subsequently made to “loosen” the rules when public attention is focused elsewhere. Any effort to regulate lobbyists must begin by placing their conduct in context. It is essential to understand both the surrogate role that lobbyists play in communicating with public representatives, as well as the constitutional principles that bear upon that endeavor.