With the Presidential election fast approaching the freedoms we have (as American citizens) are on my mind. To be able to take part in an election, no matter how small of a role we may play, is a freedom that so many others across the planet are not able to enjoy. The freedom I find most important in America is the freedom of Speech. The first Amendment is my favorite Amendment because in other societies throughout history the freedom to express oneself is not readily available to the people. In my opinion, this makes the first Amendment sacred. It is a cornerstone in our free society, offering Americans the ability to say much of what they think without fear of consequences. If we believe that something is inherently wrong within society, the first amendment guarantees that we can speak our thoughts aloud without fear. Our government cannot tell us who to worship, what to think, or what we can say. This freedom is absolutely required to guarantee that oppression does not occur. The idea of a person, or group of people, utilizing this sacred freedom to hurt other citizens is horrific. Founding father and President James Madison wrote that “Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place.” When the intent of the first amendment is stretched to cover corporation’s interests to the detriment of American self-interest, then a disconnected occurs. This disconnection hinders the rights and freedoms of Americans.
When framing the constitution, the founding fathers discussed a multitude of options concerning the setup of our government. Founding father and President James Madison, in particular, did worry about certain collected groups or “factions”. He feared that a large enough group could ban together and impose their will on the population. Worried that a recreation of the tyranny they escaped would inadvertently corrupt the new nation they fought so hard to create, the deliberations on how to set up the new government were detailed. With that same fear in mind, a proposal for a system with representatives elected by the people came about. Hamilton believed that representatives elected into office were unlikely to be persuaded by force within and outside of the nation. He believed that because they would have to balance the demands of their counterparts in government, the people they represented and the states that made up the entire union.
Unfortunately, this thought process did not account for the abuse that corporations could commit. Without specifics in place, the first amendment offers an escape clause for corporations to abuse the intent through lobbyists. Merriam Webster defines lobbying as an “attempt to influence or sway (as a public official) toward a desired action.” The use of lobbying is universal in modernity, and its American roots can be traced back to England. People hoping to sway members of the House of Lords and the House of Commons would hang around lobbies in an effort to speak to a member of parliament about their cause. Here in America the first appearance of lobbying in print was in 1820 and is as follows, “Other letters from Washington affirm, that members of the Senate, when the compromise question was to be taken in the House, were not only “lobbying about the Representatives’ Chamber” but also active in endeavoring to intimidate certain weak representatives by insulting threats to dissolve the Union.” Indeed, this offers a less than positive view of the beginning of lobbying attempt in the US. However, the need for citizens to freely speak their minds is a necessary part of our countries set up.
It allows the people of our country to remedy government errors and insist upon reparations and is another balance in the checks and balances that our Founding Fathers spoke of. When creating this great Nation, their original intention was to make sure that the branches in government watched over one another. This put no one completely in control overall. Elections were meant to allow citizens to choose who would take high ranking positions in government to speak for them. Freedom of speech allows the people to speak up if their will isn’t being carried out. If the government didn’t listen to the voices of her people, they could cry out against any repressions. The 18th amendment to the constitution, the prohibition amendment, is an example of the people’s voices in action for change. The addition of the amendment to the constitution was brought about by religious leaders and anti-saloon advocacy groups and lobbyists. Groups such as the Women’s Christian Temperance Union (WCTU) believed that outlawing alcohol would protect women, children and families from the effects of alcohol abuse. Although I personally disagree with the thought process behind WCTU, it appears to be a noble goal.
Proponents of Prohibition also believed that amendment would lead to a reduction in taxes. Citing that less need for places like jailhouses and insane asylums would reduce overall fiscal expenditure. This was not found to be the case. In a trying economic time, prohibition ended up costing the country 40 million dollars annually to enforce. It also cost America more than 860 million annually in federal tax revenue that would have been gained if liquor were legally taxed. The ban brought about another set of voices, speaking out against prohibition. Groups sprang up against the amendment. Such groups included The Association Against the Prohibition Amendment (AAPA) and the Women’s Organization for National Prohibition Reform (WONPR). These anti prohibitionist’s groups pointed out that the amendment cost the country much needed revenue and increased organized crime. Both sides, for and against, of the prohibition issue fought for what they believed in. In my opinion, these two sides are examples of positive attempts to utilize the first amendment to socially activate change. Although they are different sides of a coin, the first amendment protected both sides allowing citizens to voice their opinion for change in society.
Unfortunately, that same amendment has been utilized by corporations to push their agendas. Removing all lobbying for America removes part of the system that keeps an external check on governmental changes. It would remove part of the voice of the American people. However, there is a big difference between representing a group who lobbies for positive changes in society and one whose goal is to alter legislature to benefit himself. When used properly, and by the right people, lobbying has the ability to promote change in America through the voices of citizens. The problem is that it is misused so often. To take a look at lobbying in America, it may help to begin by categorizing and defining the types of lobbying that occurs. Lobbyist are generally in one of two categories. The first is a group with specific or specialized interests. This group usually has a particular political goal in mind that would fiscally benefit the members of the group directly. The second is a group that is constituency based.
The focus of this group could be specific, but the base of the group has a significantly broader foundation of members. More often than not, a constituency based groups has the best interests of the public as a whole and any attempt to remove lobbying completely from the current political setup could do some damage. Such organizations are an inherent part of a larger process that occurs in government. Congressional and Judicial branches of the government affect changes in law and policy from the seats in the higher parts of government. However, they are meant to do so for the people of this great Nation and are now in a prime position to do so for the lobbyists. Day in and day out, more than 12,000 registered lobbyists walk amongst the halls able to keep in close contact with our nation’s representatives. Analysts suspect a more realistic number to be near 100,000. As of August this year lobbyists spent more than 1.5 billion dollars essentially campaigning their ideas to our governmental officials. A specific example of the misuse of the first amendment is the largest, General Electric (GE).
In 2010, GE paid a whopping 39 million dollars to companies like Capitol Tax Partners and Federal Policy Group to lobby Congress in their name. While doing so, they simultaneously avoiding paying taxes and received tax rebates totaling 4.7 billion over a three-year time period. They did so by using active financing exemption which allows companies to defer taxes on overseas income. Originally intended to be in place for two years, the exemption has been extended again and again for more than ten years. Dozens of the largest companies in the United States throw millions of dollars at Congress through lobbyists to continually renew the measure, effectively encouraging those companies to create jobs outside of the country. The loophole is costing taxpayers fiscally, in both employment disappearing within the United States and taxes that the large corporations should be paying but aren’t. The Director for Citizens for Tax Justice(CTJ), Steve Wamhoff, believes that “This loophole creates an enormous tax shelter for the companies who have lobbied it into law, it ought to be allowed to expire.”
Such corporation’s expenditures on lobbying outweigh the amount spent by constituency based organizations, creating a negative shift in the balance of voices that reach the ears of Congress. Constituency groups do not have the same fiscal means as large corporations do, which gives the company who spends the most the upper hand over grass roots groups whose intent is to help all of America. In the book titled The Business of America is Lobbying, author Lee Drutman writes that “Corporations now spend about $2.6 billion a year on reported lobbying expenditures – more than the $2 billion was spent to fund the House ($1.16 billion) and Senate ($820 million).” He goes on to point out that, “in 1995, roughly 68% of GE’s 222,000 total employees were in the U.S, according to its filings with the Securities and Exchange Commission. By 2005, the percentage of American jobs declined to 51% and by the end of 2015, just 38% of its employees were in the U.S. GE’s total global workforce has increased to 333,000. But it employs fewer American workers today — 125,000 versus 161,000 in 2005.” The only thing that the repeated active financing exemption extensions that Congress has allowed is for companies like GE to remove jobs from Americans while simultaneously not responsibly paying their fair share in taxes.
The decade of extensions has allowed GE to reduce the plants in America by 10 and increase the plants on foreign soil by 58. Now I ask you, how can this be in any way an acceptable use of the first amendment? The answer is, it is not. It is, however, a prime example of corporations using one of American citizens most sacred rights: freedom of speech, and warping it as a means to increase their wealth at the expense of America as a whole. Moreover, it is an example of the fear that Founding Father Alexander Hamilton foresaw when he wrote of factions. He meant a group of companies focused on one issue to the betterment of a small number of individuals at the expense of many in the Nation. With money and lobbyists on their payroll, groups like this are able to skirt the law and cheat us all. It is a far cry from what President Thomas Jefferson hoped for when he wrote that he hoped that American government would never “see all offices transferred to Washington, where, further withdrawn from the eyes of the people, they may more secretly be bought and sold as at market.”
The current abuse of the first amendment by corporations through lobbying has destroyed that dream. Scholar Henry Giroux said it well when he wrote that “Policy is no longer being written by politicians accountable to the American public. Instead, policies concerning the defense budget, deregulation, health care, public transportation, job training programs, and a host of other crucial areas are now largely written by lobbyists who represent mega corporations.” This cannot be permitted to continue. Corporations cannot be permitted to abuse the right to speak freely as a guise to line their pockets. It is perverse and insults the majesty inherent in the freedom of speech, as well as robbing America of jobs and taxes they should be paying. It is an utter travesty and must be addressed. A grassroots campaign to affect positive change for all citizens in the United States is quite different from what GE and other corporations are doing.
I find this particularly frustrating because I believe that Justice Marshall put it best when he wrote that “A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.” Special Interest groups with members like General Electric are totally different from constituency based groups like Citizens for Tax Justice. One type clearly focuses on the betterment of themselves rather than the Nation as a whole. The difference is evident, so the question is how do we outlaw abuse while keeping freedom of speech intact? Unfortunately, we cannot. Although corporations are entities and not people, they are entities made up of people. If we remove or limit a corporation’s freedom of speech, we would also remove that right from Americans over all. Fighting fire with fire in this situation would simply create an inferno destroying one of our most revered rights, freedom of speech.
However, their abuse of the ideals behind the first amendment are clear. Freedom to speak without fear of consequences is absolutely required to ensure that other freedoms remain in place. Madison’s fear of “a number of citizens, whether amounting to a minority or majority of the whole, who are united and actuated by some common impulse of passion, or of interest, averse to the rights of other citizens, or to the permanent and aggregate interests of the community” is certainly seen in the predominance of corporate lobbying in our Nation’s capital. The original intent of the first amendment can be seen most clearly through founding father and President James Madison’s original proposed draft which is as follows; “The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed. The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable. The people shall not be restrained from peaceably assembling and consulting for their common good; nor from applying to the Legislature by petitions, or remonstrance’s, for redress of their grievances.” These words prove that the intent of the first amendment was to protect, not to offer a way for larger organizations to skirt taxes, remove jobs and increase their profits.
The Amendment specifically allows citizens “to petition the government for a redress of grievances.” To put it plainly, I have a grievance. I find it absolutely unacceptable that Americans are struggling to put food on the table due to a lack of employment opportunities while companies like GE are receiving tax breaks to remove employment opportunities. I find it disgusting that such organizations draping themselves in the First Amendment to gain the opportunities at the expense of Americans. Both by increasing their income through no taxes and removing much needed work opportunities while doing so. I am horrified that tax breaks initially meant to be set in place for two years, have been extended for a decade. I am indignant that the extensions allow some corporations, such as GE, to profit while skirting fiscal responsibility to the American economy. Most of all, I am irate that it could ever deemed acceptable that anyone utilize the sacredness of the first amendment as a means for profit while harming American economic infrastructure fiscally. It is wrong and injures America, making light of both the ideals that the country was founded upon and the need for jobs in the country. If America and her people are the victims of a diseased set of scrupulous lobbyists by large corporations who do not care about anything beyond lining their pockets, let’s inject some antibodies via knowledge.
Authors Christine Mahoney and Lee Drutman have suggested a new method for advocacy called POST, MAP, and ASK. They suggest that groups, whether special interest or constituency based, are asked to post their positions on policy and information about their advocacy group on a website that was maintained by the Library of Congress. This method would allow access to all of the information on each group, permitting those inside and outside of Government to see exactly what each advocacy groups stands for. With this information provided to the Library of Congress, they can map out each group’s goals. When a Congressional Committee is approached by a group who has not been mapped by the Library of Congress, additional information can be asked for and added to the database. I love this idea. A tool allowing a free flow of information for both citizens and experts in both political fields of study and congressional committees would cut through a great deal of red tape. Let’s shine a light on who is for what issue. I’d, personally, go a bit further.
Add the amounts that each lobbyists spends towards their political desired outcome to the same database. With such information easily and readily available, the ability of the American public at large to keep an eye on their congressman would increase tenfold. This plan is elegant and simple, and I am of the opinion that it should begin on the federal level then be introduced on state and local levels. The method would allow everyone to see precisely where corporate lobbyists are focusing their efforts to sway congressional decisions. Enhancing a citizen’s ability to gain information on their Congressman would allow each of us access to much needed data. With this data readily available we would be able to make sure that they are working for the betterment of America as a whole. The current amount of lobbyists is overwhelming and a citizens lack of knowledge limits their ability to voice concern. So companies like GE are able to pervert the pure intent of the first amendment for selfish gain. Let’s remove this limitation so that corporate strength can no longer shut out the voice of the people.