Law Students

The Executive Branch and Lobbying

By Casebook Sherpa

Obviously the President seeks to influence policy. He holds the bully pulpit. He has a legislative shop (as does each federal and independent agency) that offers feedback and positions on proposed bills. He issues Statements of Administration Policy on certain bills being considered in Congress. He visits the Hill. And he makes law, in his own way, through rule-making and executive agreements and orders.

But it’s been interesting though to see the Obama Administration seek to capitalize on its vast grassroots network to influence legislation as well.

For instance, there’s the series of listening sessions on health care reform hosted by (presumably) incoming HHS Secretary Tom Daschle. The purpose, according to Daschle, is to get the grassroots engaged “so that the special interests don’t win.” (Are they really mutually exclusive?)

Then there’s President Obama’s “Organizing for America” that was initially pitched as a way for community organizers to stay in touch but has turned into - perhaps always was, I’m just misremembering - a vast lobbying operation. (I thought we hated lobbyists now.)

I’m of two minds on this and you may not even think it’s a big deal. Obviously the political end is fine and natural. But what about using official resources to construct was is basically a political organization?

There’s the argument to be made that, while the President ought to weigh in on policy, he should not be taking the drastic step of organizing widespread pressure on lawmakers to pass a law that suits his preferences. Frankly, if the President has enough time and money to do this in his official capacity (as he is with the listening sessions) then Congress has given too much money and too few laws to execute and enforce. Plus, how is this any different from a Member of Congress having an e-mail list of his constituents?

Then there’s the idea that times change. The list in the first paragraph above are antiquated tools for influencing the process. They no longer work as well as they once did. Organizing mass public pressure is the only way to cut through the media noise and special interest money that clogs Washington up.

It’s really Obama’s end-around, right? I mean he’s made clear that there are certain lobbyists he doesn’t want to associate with, at least publicly. And there are certain special interests he doesn’t like (and others he does special favors for within hours of taking the oath of office).

So mass organizing of a campaign-style grassroots operation… A wise, savvy, and appropriate use of official resources or a border-line unconstitutional powergrab designed to short-circuit the legislative process?

Full post as published by Fight The Hypo on January 30, 2009 (boomark / email).