When Lobbying was Illegal
priceonomics.com
priceonomics.com
http://www.npr.org/sections/money/2012/01/27/145923803/the-f...
The cost of congressional elections has increased so much that it has become essentially required for someone aspiring to political office to raise enormous amounts of money. As a result they're asking lobbyists to contribute. As a result they're more likely to take positions that are friendly to those interests.
Effectively the polarity of the commonly stated narrative is backwards. It's not lobbyists giving money for special favors, it's congresspeople needing money who give special favors in the hopes of maybe getting money. This is even more perverse, and harder to fix than the former. Essentially, I wish my congressperson was more traditionally corrupt, that's an issue we know how to solve.
It's not true for contributions to "super PACs" and other independent expenditures, aka outside money--the stuff the Citizens United decision liberalized. The reason for that is that the law (even post-CU) prohibits coordination between a candidate and any group making independent expenditures. Ted Cruz cannot ask anyone to give money to his super PAC.
And it's important to understand that there are still limits on the contributions in my first paragraph. A given person can only contribute a set amount of money per election cycle to each candidate, each PAC, and each party committee. That said, the aggregate numbers are still huge.
CU did not outlaw limits on those types of contributions. I wish we could lower then farther and (especially) take away the privileged position that political parties have within elections and campaign finance laws.
Thing is though, it's not about Ted Cruz, or Obama or even the congress. Sure, it's a problem at those levels, but it's a REAL problem at the state and local level. As a super PAC you can have a much larger influence in these relatively less watched elections as you can in a national election. These smaller elections have candidates that aren't as well known and don't have the money to fight back.
Instead everyone is demanding to make it harder. The lack of Economics instinct is costly for our society.
Political speech can be codified and regulated with channels and times (which is largely already is via the political "seasons" and campaign routes). The questions of how to structure it, are many and varied, but would result in a normalized process that is distinctly devoid of corruption. Take money out of the process.
The problem isn't unmet demand, the problem is dependence and the power dynamic that creates.
It would be much better to ban all lobbying, so each candidate would only have a very small amount o fmoney to spend on elections, and people would be less manipulated into voting them.
I can make up my own mind for who to vote for. I don't need or want anyone to protect me from persuasion. I can't think of an idea more insidious to a free society, that the government needs to control the expression of ideas to protect people from "manipulation".
Edit: I wanted to add that I feel like money being treated as speech is the same as running an organization that goes with whatever the loudest man in the room has to say, rather than the best ideas. Have you ever been in a meeting where someone with a big voice and a small brain steals all the airtime by never stopping talking?
Indeed, I think the best explanation for the campaign finance laws of the recent decades is that they're intended to protect the incumbents that enacted them.
Your argument rests on the idea that the candidate with the most money always wins. This is the "common sense" model, but it's not supported by empirical data.
In reality election victory is related to money the same way individual happiness is:
Without money a person will not be happy, and a candidate will not be elected. But once you have enough money for a comfortable life/campaign, more money does little to improve things.
Once you've made all voters aware of who you are and what you stand for, your campaign has done the advertising it needs. Telling them again and again will change very little. Jeb Bush is the latest of many well funded failed candidates showing this.
But not easier in the sense that anyone can donate an infinite amount directly to the campaign. That just skews the system in the favor of a few donors (as it already has to a great degree).
We need the "money vote" to be "equalized" among people, just like the ballot vote is. One person shouldn't be able to donate $10 million, when 90% of the others can only donate up to $100 in a campaign. Then it just becomes inevitable that the candidate listens to the people donating $10 million, rather than those donating $100 (even if there are many more of them).
If there is plenty money to be had from many sources, candidates don't need to spend so much time getting it, and they don't need to offer so many legislative favors in return.
Note that you only need enough money to run a good campaign. Getting twice or 10 times that money does very little for your electability.
If you want to know more about this idea see [1].
I do agree that there are much better voting systems then simple majorities - I like instant runoffs.
This is interesting.
On the other hand, will we make ourselves even more vulnerable to "grassroots campaigns" like the tea party and lobbies like Alec?
I'm not an expert but there are mathematically and sociologically sound alternatives that are better than what you and I can prescribe. I'd prefer one of those.
Also I'm not very familiar with the work of committees. Would they grow larger? Would they become even more powerful and stay the same size?
I would imagine that committees would get bigger. Hopefully with more politicians you would get more people who actually knew about the area that they were on a committee for. The main thing is once you got rid of the need for money the desire to be on a powerful committee would decrease.
In regards stability it is better than proportional voting which tends to splinter the electorate. With instant run offs the candidate that is close to the consensus tends to win.
Yes you can. Basically the scenario is that by gaining votes from other parties, you can change who is eliminated in the first round, which changes distribution of second round votes.
You can argue about how likely this is to happen, but on some level it doesn't matter. If people can't feel absolutely confident that voting for who they actually want won't reduce their vote's impact, many will continue to vote tactically.
>There is no way that placing your preferred candidate first can ever result in your vote not being given in the order you choose.
No, but it can end up harming your second choice, by eliminating them early, so your vote for them doesn't matter. This is called Favourite Betrayal, and it's a serious problem with IRV:
https://www.youtube.com/watch?v=JtKAScORevQ
And as a quick worked example, if you have 4 people voting A>B>C, 4 people voting C>B>A and 3 people voting B>A>C, then A wins. If one person voting C>B>A changes their vote to B>C>A, then B wins. So by putting C first, they were harming their second choice B.
That doesn't just sound plausible, it sounds like exactly the pattern of growth for a third party that you'd expect.
From those visualizations and my reading elsewhere it looks like approval voting is the closest to a Voronoi-style partitioning of the opinion space without being subject to strategic voting.
And there's obviously some variance of complexity between them, but even fine grained Range Voting isn't that hard to understand.
The problem is that FairVote, which advocates IRV (apparently because it's a useful steeping stone to the their REAL goal of STV), is run by a professional liar named Rob Richie, and he disseminates a massive amount of false and misleading information about voting systems. E.g.
In short, tactical voting isn't all that important. For instance, Score Voting and Approval Voting perform better with 100% strategic voters (in which case they are identical) than IRV does with 100% honest voting. So even if IRV magically encouraged all voters to be honest (which it doesn't), Score/Approval would still be superior.
Score Voting is definitively superior to Approval Voting in terms of producing the right electoral outcome (ignoring practical concerns around complexity and the cost of adoption, upgrading voting machines, etc.). That's because, for tactical voters, both systems are the same. But for honest voters, Score Voting adds less noise/loss/distortion, because it doesn't force you to round your 7 up to a 10, or your 3 down to a 0. Hence better outcomes overall, as seen in this graph of Bayesian Regret figures.
In fact any proposal which claims that making districts more homogenous in their voting behavior - "80% of people in this town vote republican so why don't we just make a district that reflects that commonality," for example - is effectively gerrymandering and disenfranchisement harming both sides. 20% of the population of that town will always be ignored. 30% of that town are casting republican votes that don't matter at a larger level, and which don't contribute to countering a democrat vote.
Seems to me smaller districts would be more likely to exhibit those alignments and disenfranchise more people?
On the other hand, in smaller districts the electorate will be more likely to share opinions and interests so maybe that counteracts the problem?
The second benefit, for election integrity activists, is preventing the "under vote", where down ballot races which are left blank, and potentially filled in by helpful administrators.
Note that in the US, ballots in metro areas can easily have dozens of races. Sheriff, judges, schools, water district, city, county, state, national, referendums, levies, etc.
I do agree that it is a very good idea, but compulsory voting doesn't solve the corrupting effect of large districts.
Mexico doesn't do too well, but apparently mandatory voting isn't enforced.
Radicals like me believe no taxation without representation. I support enfranchising pretty much everyone, especially for local issues.
It is an interesting question if the vote should be extended to non-citizens. I can see good and bad aspects to doing so and I am not sure which is more important.
For reasons of equality among the states, the US capital is not located in any of them. The District of Columbia, not being a state, doesn't have the privileges of a state either, such as being represented in the US government. This is not easy to fix; giving DC state privileges would be a severe blow to the idea that the federal government doesn't favor any one state over another.
It still gets taxed, though. People are sore enough about this that when someone submitted the suggestion of "no taxation without representation" for the slogan on DC license plates, it was vetoed by DC government for being "too controversial".
I would actually be OK with saying that DC doesn't get taxed, since they're legally prohibited from participating in the government. But I don't think that's a widespread viewpoint. Do you have an opinion?
The idea is to not solve every problem with democracy, but to remove the corrupting influence of needing to raise money from vested interests to spend on advertising so you can get elected. This is the major problem.
Unlike every other modern democracy, the US has opt-in voting. To the best of my knowledge, universal voting registration does not increase participation. But it does prevent disenfranchisement. Only compulsory voting would (otherwise) increase participation.
Some of our jurisdictions have switched to all postal balloting. This permits ballot chasing. In general, these campaigns no longer attempt to persuade. (Clinton vs Sanders is a notable exception, because most contests are face to face.) They spend most of the money on GOTV (get out the vote), turning out your base (supporters). Which has led to alienating voters. No one likes to be contacted 30 times per election (4 times a year) to be reminded to mail their ballot.
Postal balloting has also harmed the culture of voting. This intangible is very hard to measure. But some studies show that "I voted" style markers, visible to your friends and family, boost voter participation.
IIRC Spain has a system along these lines.
First past the post needs to go.
Approval voting is best for executive positions, like governor, mayor, sheriff.
https://en.wikipedia.org/wiki/Approval_voting
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FPTP is terrible. Among other reasons, per Duverger's Law, it begats a two party system.
https://en.wikipedia.org/wiki/Duverger%27s_law
People railing against duopolies (Democrats & Republicans) haven't yet learned it's the result of the form of elections, not a natural law.
Anyone that wants to be on a ballot for a particular position should have to do the same thing as anyone else (probably collecting a modest number of signatures on a petition, maybe with some rules to limit the number of candidates).
I guess parties might be allowed to place an endorsement on a ballot, but if not they could still release a list of endorsements.
In that arrangement, contesting the national delegate convention to get the endorsement of the party might still happen, but it would not be so inordinately important.
A party organization would still be hugely useful in getting wide ballot presence, but an incumbent organization would not have the huge advantages that they enjoy today.
I'd love some of that where I live. I now fully embrace transactional politics. Quid pro quo.
democracy (dĭ-mŏkˈrə-sē) Government by the people, exercised either directly or through elected representatives - American Heritage dictionary, first definition
With apologies to Plato, the word "democracy" most commonly refers to nearly any political system that involves voting. The only time anyone uses the word democracy to mean "direct democracy," with every citizen voting on every issue, is when they're criticizing someone else for using the word democracy in exactly the way almost everyone does all the time.
See my companion rant: Hitler's National Socialism was a form of fascism in the way we use that word today, even though he and Mussolini had distinct political ideas.
Respectfully disagree. It's not that easy.
Legislating is an information processing problem. The politics of attention. All the legislators I know can barely keep up with the torrent of information. Overwhelming them with info and votes and meetings prevents them from taking initiative. They need more staff.
All games have winners and losers. Weakening legislators -- thru term limits, cutting staff, whatever -- strengthens lobbyists and administrators (heads of departments, the silent state) and executives.
My baptism to the policy world flipped most of my positions.
Some measures that would strengthen legislators, give them more autonomy, would be public financing of campaigns (no more dialing for dollars), public disclosure commissions, pay raises and full time employment (so regular people, not just lawyers and retirees, could serve), full staffs, recording every vote (disallowing roll call voice votes), lengthen the legislative calendar, diffuse power thru more fair committee assignments (not just seniority), etc, etc.
There's no shortage of worthy reform proposals. Just mind the winners and losers with every rule change.
The reason Citizens United was decided the way it was is because it costs money to make movies, and even if you somehow allocate public money towards the distribution of the film on PBS or whatever, you're still insisting that the movie makers aren't allowed to spend more of their money to make the movie to their own standards.
It drives me crazy that people don't understand Citizens United was about free speech. And most people who say they don't like the ruling reverse positions once I explain exactly what it was about. Stopping a film maker from making or airing a political film seems horrible to me.
- Some parties/candidates spend more than they are allowed and try to hide the difference and that can only be done illegally (See http://www.telegraph.co.uk/news/worldnews/europe/france/1085...).
- Also there can be some voting(?) threshold you have to reach to be eligible for the reimbursement of campaign costs (5% for the french presidential I believe) so small parties are gambling a lot by throwing themselves into the pit with other well established big parties and sometimes they simply decide to make a coalition in order to have the guarantee to survive financially. But then they are forced to reframe their political agenda and this usually weakens the ideological stances of everyone.
- I think you have to submit every spending and justify the origin of the money private donors give you. Except when they can't because that money was obtained in shady places (See the Gaddafi-Sarkozy affair http://www.bbc.com/news/world-europe-22220272 or the Sarkozy-Bettencourt affair https://en.wikipedia.org/wiki/Bettencourt_affair).
Of course I am not blaming the system. But at the moment the implementation lacks several error catching checks to make sure the whole thing runs as intended (eg: the official/national organ that is supposed to investigate these campaigns and make sure everything stays legal is largely under funded).
I gave some notorious examples from right parties but it doesn't mean the left doesn't dabble into those waters (in France and in Belgium).
As a French citizen, I can't figure out a good reason why I have to give a cent to some nutjobs just because they woke up one morning and decided they were fit to rule the country (Jacques Cheminade, far left/right leaders, etc.).
The situation is more contrasted and antagonistic in France where the left (PS: Socialist Party) and the right (LR: The republicans) are so huge they don't share the power (at least in the government). In Belgium we can have left and right ministers at the same time depending on which party entered the coalition. In France the government is basically either from the right or the left. The parliament is more nuanced.
Both countries have a senate with elected members (who make up groups as well).
I don't know if it answers your question though.
Anyway, when you limit money going to politicians it goes to these sorts of groups instead. Then they turn around and buy air time supporting whoever funded them. If you limit money to those groups (which isn't constitutional anyway), you get money supporting dubious university research and "think tanks". And so on. If all those are limited, people start buying media organizations.
The point being it doesn't seem like there's any way to remove or even curtail the influence of money in politics. All they can seem to do is move it around. That's why I'm curious what sort of legal environment Belgium has in place to prevent that.
Why do countries like Germany make do without these huge fundraising campaigns, while a having a more balanced parliament, and the US is just Rep or Dem (binary) plus a huge show on a tour bus across the country, instead of doing real politics? I mean, what's the cultural difference in the US population that facilitates the circus?
The unit that really matters in Germany is the party, and the most important vote in all elections at the state and federal levels is a party vote rather than a vote for an individual. Something like a Sanders candidacy would be completely unthinkable in Germany simply because of how the elections work.
(There is a secondary vote in elections in which you vote for an individual, but that can only marginally affect the final composition of parliament in terms of number of seats per party. The details are complicated, and for the purpose of this discussion it's best to pretend that this secondary vote doesn't exist.)
At its most extreme, neither the chancellor nor the state prime ministers are elected by direct vote.
Then there's an admittedly somewhat random element of political culture in that there are no open primaries. The selection of candidates within each party is done by vote among delegates internal to the parties, and is almost completely devoid of public spectacle. (The news media typically reports once on these internal elections on the day that they happen, and that's it.)
To top it all off, parties are subsidized by the state. Once a party wins a number of votes in an election - the threshold is fairly low, and lower than the number of votes required to enter parliament - they receive money proportional to their electoral success. This reduces the need to create a huge fundraising apparatus in the first place.
I'd say Lessig is right in that campaign financing reform is probably the best path forward for the US, since changing the other aspects I mentioned would require much deeper constitutional changes.
We're seeing it happen right now in the US, with Clinton and the Democrats, and we're also seeing it happen in Canada, with the debacle that is the NDP / Mulcair.
For non-Canadians, the NDP is supposed to be Canada's socialist party - it was responsible for putting senior security, national healthcare, student issues, unions, etc on the table. Over the past ~15 years, it has shifted so much that it's almost entirely to the right of the big-business-friendly Liberal party. This has largely happened behind closed doors - with no input from their grassroots supporters. Most of my socialist friends are very close to tearing up their memberships.
Could candidates have standardized, free/fixed low price advertisement? At least some portion of it?
There they would get to state their goals and views, and people could make an informed decision on who to vote.
There are "voting advice applications" where a voter can answer a web quiz and then see which candidate answered closest to them, with explanations, comes closest. We have a few of those, by broadcasting companies, newspapers and magazines here, and I believe they have some effect at least on candidate discovery. Then they can go to the candidate's web site to learn more. I'm from a country that has a multi party system though. As far as I know, it doesn't cost anything for the candidate to participate (answering the quiz), and the money comes from ads / general visibility to the quiz host.
"Special favors" are only given when the public does not speak out or vote. If the public is largely silent on an issue, the politician's perspective is his constituents don't care about that issue.
Barney Frank: "If the voters have a position, the votes will kick money's rear end any time. I've never met a politician-- I've been in the legislative bodies for 40 years now-- who, choosing between a significant opinion in his or her district and a number of campaign contributors, doesn't go with the district." [1]
We need to discuss and debate the issues more with each other. Techies may also help provide better tools for representatives to gauge public interest.
[1] http://www.thisamericanlife.org/radio-archives/episode/461/t...
Do I think lobbying (as a system) needs to be fixed/changed/altered/tweaked? Most definitely. But making it outright illegal is like making drug use illegal, people are still going to do it regardless. At least with it being legal, we can keep tabs and utilize harm reduction when necessary.
Politics were probably more corrupt and lobbying was even more dominant (just in different forms) in the 1800s.
Obviously, the train has gone off the rails at this point, but we aren't at a fundamentally different place politically than we were in, say 1896, when many of the same issues were at play.
So congress had far less product to sell.
Such corruption, because it deals with those small and local problems, is mostly contained. But if you happen to be within its scope, it can be just as much, if not more, of a problem, than corruption on higher levels (because it immediately affects the things that happen around you in day-to-day life).
> lobbyists who take out lawmakers for expensive lunches
A lobbyist who buys an expensive lunch for a lawmaker (member of Congress) is committing a federal offense under the Honest Leadership and Open Government Act of 2007. The rule is so strict that if a member of Congress is attending a public event with food at a lobbying org, the org cannot provide utensils, unless the member of Congress pays for their food.
Executive Order 13490 also prohibits all executive branch political appointees from receiving gifts of any kind from lobbyists, including lunch.
The 1999 Supreme Court decision was the right one, as it struck down an interpretation that was obviously too broad. The article names Scalia since he wrote the opinion, but the vote was 9-0! (Obviously this was back in the good old days when the Supreme Court still had 9 justices.)
Alternatively, you can always threaten to fund someone else in the next party primaries/election.
Ironically (given the complaint Mr Ackerman voiced) one way to encourage imperfections in rules is to allow lobbying, which biases the decision making process towards small, focused groups that have a lot to gain by affecting the rules over large, general benefits.
Yeah, it's difficult to perfectly take advantage of an imperfect system, and that's a good thing.
I really don't think you should say that like it's a good thing.
It's like saying "American is less corrupt than North Korea!" . That's not saying much.
Background: I am Finnish. The country routinely tops the world corruption perception index as the least corrupted country in the World. (Not every year, but you get the point.)
In my mind, that tells diddly squat about how well things are in Finland. It only highlights how wretched the situation is even in the runner-up country.
There are 535 members of Congress. Unless it's the President, the chances of one elected official pushing through the needs of their constituents is extremely difficult.
Lobbyists fill the gap by educating congressional staff, piercing the bubble that congress lives in, and providing expertise on issues that the staff may not have. I have never given a campaign donation, I have never paid for anything for an elected official or their staff. It makes things difficult sometimes, because most members of Congress won't return your calls unless you've given at some point. But I believe that's the ethical way to work.
tl;dr: Lobbyists are paid educators and mouthpieces, for people, corporations, and organizations that can't afford to be in Washington all the time, to make sure that their issue is heard and considered by the widest audience possible.
Honestly, no. It's essential that law makers can be informed by all interested parties. The problem is a lack of transparency. Complex to control but not impossible. Every single meeting between an elected officials and anyone lobbying them should be in some way recorded and made public. As if it were a public debate. The other issue is fund raising. Too broad and complex to really go into here but if a politician didn't or couldn't raise funds it would make lobbying more honest, imho.
The thing is that "public interest" is hard to define and dependent on each individual. Someone lobbying for a nuclear power plant in "City A" will be lauded by some and derided by others. In this case, is lobbying good, or is it bad? Who decides that?
If lobbying and fundraising were more restrictive, ultimately access to policy makers and legislators would improve. Today, all that matters is the check.
But that's not the problem we have. Our problem is fund-raising. Politicians are not meeting once every few years with a lobbyist at 2AM beneath the Lincoln Memorial, they're spending 60% of their time on the phone begging moneyed interests for reelection campaign funds or party goals, the day after they get elected. They're spending 25% of their time negotiating with lobbyists about what laws the lobbyists get to write ("The legislative subsidy model" of RL Hall, wherein they replace Congressional staff increases), and another 10% trying to raise their professional profile through non-legislative activities in the press or with political powerbrokers. Maybe 5% of their time is spent in committee meetings or on the floor.
On top of that, it starts out as a part-time job, with meaningful meetings limited to a few days of the week in order to satisfy the need to fly home to meet with contributors. The Senate has become nearly impossible to get bills through for a similar reason - a filibuster is a time-wasting annoyance legislatively, but its requirement that 51 Senators stay on the floor to break it prevents them from spending days fundraising, an existential threat to their careers, while the filibustering party only has to commit a couple Senators to keep it active.
Of the bills voted on in their legislative career, the proportion actually read by the legislator will be under 1%. The number read in full by their staff, under 10%.
Politicans are not hiding this; They are complaining about it. We have created a system wherein legislating ranks as the lowest priority, and not even the wealthiest in Congress can be free of implicit corruption.
Except lobbying does the opposite of that. It means only the wealthy parties are heard.
Public hearings are public, recorded, and there are voices from multiple camps speaking out about an issue, and given equal time to do it.
Lobbying happens in back rooms, and it's only one person talking at a time making their point. Registering lobbyists and saying when they talk to politicians won't help much if we also don't know what they're telling the politicians or if other voices don't get equal time to speak to those politicians.
When SOPA was about to pass, one politician ignorantly said that "the People" should just get their own lobbyists. Yeah, except the people can't afford to get a lobbyist for every issue. They can afford to participate in a public hearing.
There is one incredibly interesting video I have seen which lays out a major root cause of corruption in the US, and the rise of lobbying and corruption since the 1970s.
https://www.youtube.com/watch?v=1gEz__sMVaY (Cardboard Box Reform)
It is long, but well-reasoned and supported by a lot of evidence. Definitely worth a watch...
The author was in Africa, thinking about how E-voting could help to reduce the costs of voting. Which sounds great, but then, why is the formal voting process today, with voting booths, neutral polling places, private voting, etc. so sacred to democracy?
Two major problems come up when votes are not secret: intimidation, and vote buying. Leading to harassment and electoral fraud. We have already fixed this problem now here in the public, using the secret ballot. We are taught it in school and use it wherever we need a fair democratic process.
Except in one place - Congress. All votes are recorded and public, just see govtrack.us to see how your Congressman voted. But hasn't it always been this way? Even from the first Congress, with Yea or Nay votes recorded? No, it hasn't...
There is a little-known bill called the 'Legislative Reorganization Act of 1970', which introduced the electronic vote buttons into Congress, and records the vote for each bill by each Congressman. Before these buttons, they would mostly not record each vote individually. This bill overwhelmingly passed at the time, with no discussion about the problems this total transparency in Congress would introduce.
There has been no discussion since either! No pieces anywhere discussing this bill as a root cause since the bill passed in 1970. Kennedy was the only one that mentioned anything about the danger of transparency - as it would turn Congressmen into 'seismographs of public opinion.' But what actually happened was worse.
Since it takes a lot of money to run for elections, it is easy to turn to lobbyists to raise money. With transparency, lobbyists can directly see if the bills they want propped up are being voted for. Endless congressman admissions of the problems: “There aren't any poor PACs, Food Stamp PACs, or Medicare PACs.” A more complex tax code has ushered in a huge increase in complexity in the financial system since the 1970s, and led to even more lobbyists from Wall Street. “But once lobbyists knew your every vote, they could use it against you.” Almost all giant lobbying organizations (ALEC, Heritage Foundation) were founded only a year or two after this bill. Congressmen cannot vote their conscience anymore, they are pressured to vote for whatever the lobbying firm or corporation wants. Bills are basically introduced by special interests now.
The nice thing, is that there is an easy solution - reintroduce the secret ballot in Congress. AKA, a $5 Cardboard Box to have Congressmen vote in private. It's a tough pill to swallow as it goes against the nice idea of having transparency, especially at the highest levels of government. But we must reintroduce it if we ever want to have a Congress that is not controlled by lobbyists and corporations, one that is truly democratic.
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Really interesting video, definitely merits some discussion somewhere about the problems that total transparency in Congress can create.
Then the 17th Amendment changed Senators to be elected by popular vote and the states lost their voice in the federal government.
Don't we want intimidation/vote buying of members of congress, in a sense? As a voter, it's important to be able to verify that the people I voted for actually represented my interests, rather than just paying lip service in the campaign. A citizen at the polls has no constituency.
Doesn't seem to me like there's an easy answer, although I'm open to the idea that closed votes are the lesser issue.
I think this vastly overestimates the degree to which voters actually look at how representatives voted rather than what they say on television. The only people actually looking at votes are lobbyists and party leaders.
The whole idea of representative democracy rather than direct democracy is that you elect people you trust to represent your interests. If you don't trust them then vote them out, because individual voters clearly don't have time to micromanage untrustworthy members of Congress.
The actual votes are all choreographed anyway. Everybody knows ahead of time whether or not a bill is going to pass and by exactly how many votes. Which means every bill that passes or fails with a margin of more than one vote (which is almost all of them) would have allowed anyone to change their vote from the one they preferred to the one their constituents or donors would have preferred without changing the outcome, and party leaders generally only care about the outcome. And if it would have changed the outcome then that means the vote was close and it shouldn't be hard to find someone on the other side that you can trade votes with so that you can both vote the way your respective constituencies want to see you vote even though you each effectively voted the other way.
The only thing revealing the votes does is allow the exact thing we wanted to prevent, i.e. it allows a representative to be rewarded or punished for voting a certain way but only by the people who know enough to distinguish when the vote is only for show and when it really changed the outcome.
That's one of the more amusing typos I've seen lately :)
Things are changing, slightly for the better in some ways though it's overall a complete mess. It helps that it's no longer necessary to spend tens of millions of dollars just to communicate with the electorate, though we're still not quite there yet.
We can't just make a few tweaks to the legal code and magic our way out of these problems. It's going to take a generation or more of concerted effort and, as always, constant vigilance afterward, and a bunch of legal changes along the way as well.
Campaign finance needs to be more transparent... But the lobbying process in the US is already aspirational for me.
> If the voters have a position, the votes will kick money's rear end any time. I've never met a politician-- I've been in the legislative bodies for 40 years now-- who, choosing between a significant opinion in his or her district and a number of campaign contributors, doesn't go with the district. [2]
A lobbyist is just a person seeking to influence decisions made by government. Another way to say this is a person who educates Congress. Education is just a nicer sounding word for society's desire to influence its upcoming generation.
Congress is made up of lawyers. They don't know everything about the industries they need to regulate. Drug companies are trying to get away with using unknown substances which they proclaim are safe. Some are life saving, some aren't. Banks are constantly coming up with new financial products. Some help the economy, some don't. We need people to debate these new drugs and market dealings. The people who debate them should be experts. They should publish findings which can be replicated by independent parties. These experts and independent parties often come in the form of lobbyists. One of the EFF's jobs is to lobby.
Lobbyists aren't inherently evil, and while I think we should further restrict money in politics, you're never going to completely remove it.
Fortunately, as Barney pointed out, we have the ability to fire our elected officials. The problem lately is not just with lobbyists. It's also that we're not turning out to vote during primaries and general elections. If we want to get better representation we have to study up on the issues and candidates, debate the issues with each other, and vote.
[1] http://www.thisamericanlife.org/radio-archives/episode/461/t...
[2] http://www.thisamericanlife.org/radio-archives/episode/461/t...
In most other western democracies a constitution is something no one thinks about. No one praises it or accuses any one for being "unconstitutional". Yet the US political system and the constitution it relies on (I presume) seems to be held in very high regard, despite being outdated and clumsy in many areas.
Admittedly - the US isn't a country it's a bunch of largely independent states and the federal government is more like the EU than it is like France. And the european politics is arguably working a lot worse than the US.
The other reason it's sacred is that we Americans revere our founders to an absurd degree. They were great men but not gods. They were deeply flawed, just like leaders of today.
At the other end of the spectrum it's so easy to change that your rights can be removed in any old vote. Political evolution occurs at a faster pace.
I'd like different levels of review for certain pieces of the puzzle. Editing the first amendment? 3/4 of all states seems fair. Giving DC voting rights? Maybe a lower bar is appropriate, but not quite an up or down vote level.
And because the US is the most powerful country internationally, it influences Europe in a big way. We get to deal with thing like TTIP, which seems to be a direct product of US corruption, and a refugee crisis, a direct result of failed US foreign policy (which Europe would not improve on, admittedly)
If I could hire whichever representative I want to exercise my vote in the legislature and fire him whenever I want, chances are I will have a representative that follows my wishes.
How would a collective decision making system work if you were designing it from scratch? Would it look anything like the American system?
No, I think it would be more like a parliamentary system using proportional representation.
But even that falls far short of what we could accomplish with modern technology.
Its also worth pointing out that the Founders did not set up elections for both houses of Congress. The Senate was appointed by the governors of the states. After that was changed, it became easier to buy influence. And easier to centralize everything farther away from the people.
But that can be turned around.
Alex Mayyasi notes that the First Amendment guarantees the right to petition the Government. However, Teachout was discussing a case in 1866, many years before corporations were granted First-Amendment rights. Indeed, I believe that only public-interest corporations were legal in 1866.
It was a very different time. So it goes.
I could not tell when the author was writing something from Zephyr Teachout and when the author was citing another source.
In many countries competitive advertising that mentions other brands etc, is banned.
I wish that was still true.
Any lobbying outside of this, is illegal and leads to a company being auctioned off to the public. When a force distorts your laws and warps society, one has to sap this force via constructs and channel it where it can be useful. And this has to be done, without this force being able to destroy the machinery that channels it. It has been done with the military. It has been done with nobility. It can be done with what shall come.
The fact that a lawmaker is impressed by a nice dinner or a basketball game is embarrassing.
Paying them more wouldn't solve this problem because running an election campaign is so expensive that they spend the majority of their time trying to raise money. They end up taking positions that are friendly to potential donors in the hope that the donors will keep sending them money.
The major problem isn't that they trade favors to lobbyists to enrich themselves directly (although some undoubtedly are), the problem is that they trade favors to lobbyists in order to keep getting re-elected.
If there was any political will to solve this problem, it would have been solved long ago.
And that's totally legal.
Forcing all interactions with lobbyists to be recorded and released might help.
Publicly funded campaigns would also probably solve this problem (but could also cause its own problems).
Anyway, as long as unfettered free speech is put on a pedestal, it's never guaranteed to always benefit the public.