Lobbying and Social Inequality

I wrote this paper my junior year of college and I am incredibly proud of it! I referred to it in my favorite resources post, enjoy.

Introduction

For some people lobbying is a loaded term, connoting the pursuit of self interest and deals between private interests and politicians behind closed doors (Boldt 2012). Though, this is partially true, it is so much more. Lobbying Congress has long been a practice of U.S. Corporations. As far back as 1889, corporate lobbyists were portrayed as exercising undue influence over the legislative process (Bruelle 2017). The political process is viewed as an arena of conflict between and cooperation among different formal organizations. The classical definition of lobbying comes from Milbrath, who defined it as “the stimulation and transmission of a communication, by which someone other than a citizen acting on his own behalf, directed to a governmental decision maker, with the hope of influencing his decision” (Bruelle 2017).

Lobbying comes with many responsibilities; one must provide information or background materials to decision makers, they must monitor ongoing activities within the political arena, and they must provide knowledge and expertise to influence the media and decision makers on any certain policy (Bruelle 2017). They also testify before Congress, fundraise, and draft model legislation, amongst other things. Lobbying is so effective because essentially a lobbyist saturates the intellectual environment around a policy maker, overloading them, so when it comes time to making a decision, certain opinions come to mind first. Though it can be corruption and bribery; the act of lobbying is mostly sophisticated techniques and skills. Direct lobbying expenditures run between $3 billion and $4 billion annually (Bruelle 2017).

It may be beneficial to distinguish between organizing/advocacy and lobbying, and to iterate that lobbying is not all negative and harmful. Advocacy is an umbrella term, and involves identifying, embracing, and promoting a cause. Lobbying is a specifically focused form of advocacy, with the purpose to influence legislation (Advocacy & Communication Solutions LLC). Lobbying is a huge part of our political system, our democracy here in the United States. It affects our rights, livelihoods, education, climate, and so much more. In other words lobbying has power and power can be used for the greater good or it can be used in selfish, risky ways that disregard the greater good. In this paper, I am going to be analyzing how lobbying can lead to and further social inequality. I will be doing this by looking at specific interests groups and two specific fields of policy; the criminal justice system and the climate. I will then discuss the importance and breadth of this issue.

ALEC & The Koch Brothers

In this paper I would like to specifically focus on one lobbying organization and one corporation connected to it. Doing this will allow me to show the true impact of lobbying. ALEC, the American Legislative Exchange Council is a “nonprofit” organization that advertises itself as a, “nonpartisan membership association for conservative state lawmakers who share a common belief in limited government, free markets, federalism, and individual liberty” (Cooper et al. 2016). They were founded in 1973 in Chicago. Since its founding, ALEC has successfully advocated conservative, pro-corporate interests through model legislation, legislator training, and media campaigns (Cooper et al. 2016). They have nearly 2000 legislator members from across the country, which is almost one third of all state legislators. ALEC has a $2 million annual budget, with prominent corporate sponsors such as, Coors, Exxon Mobil, Altria, AT&T, GlaxoSmithKline, Peabody Energy, and State Farm. They are also receive money from the Koch Brothers (Cooper et al. 2016).

Who are the Koch Brothers? The Koch Brothers are viewed as the most corrupt family in America, they are what one thinks of when they have a negative connotation of lobbying. They are two billionaire brothers from Wichita, Kansas who own Koch Industries, the second largest privately held company in the U.S. after Cargill. Koch Industries was started by their father Fred Koch as an oil refinery and today is a diversified conglomerate that is worth approximately $100 billion. The two brothers are worth $96.6 billion (Cassell 2018). Koch Industries “activism” on behalf of republicans has made them among the most powerful in American politics. Koch Industries has been one of the select members of ALEC’s corporate board for almost twenty years (Graves 2011). ALEC model legislation is behind many controversial laws, systems, and policies; including ‘stand your ground laws,’ the Arizona ‘show us your papers’ law, the national wave of prison privatization, laws to lengthen prison sentences, support for corporate environmental measures, and the privatization of public education (Cooper et al. 2016). ALEC’s model legislation and political influence, along with the Koch Brothers, creates and perpetuates many forms of social inequality (Cooper et al. 2016). There are two areas where their influences have the most impact and causes the most social inequality; the criminal justice system and the climate.

Climate Change & Lobbying

One of the biggest problems of our generation, for the world today, is Climate Change. It is an existential threat that requires the entire world to be on the same page. It is also a social justice issue intertwined into politics and corruption. Climate legislation has often been the focus of intense lobbying (Bruelle 2017). There are certain sectors that are most likely to lobby for climate change, renewables and environmental organizations, and certain sectors that are most likely to lobby against climate change, electric utility, fossil fuels, and transportation. From 2000-2016 $2 Billion was spent on lobbying for climate change. In 2016 the fossil fuel industry spent over $370 million on lobbying against climate policies, electrical utilities spent over $554 million, and the transportation industry spent over $252 million. Whereas the renewable energy sector could only spend $78 million and environmental organizations could only spend $48 million. (Bruelle 2017). The electrical industry is worth over $1,500 billion (Economy Watch), the fossil fuel industry is worth $257 billion; if this figure represented a country’s GDP, it would rank 41st in the world, which is about the same as Chile (Oil Change International). Lastly, the transportation industry is worth $1.4 trillion (Select USA). This explains why, despite the introduction of several major bills to limit carbon emissions in the U.S., none of them have been passed (Bruelle 2017).

What influence does ALEC have on climate legislation? As stated, one controversy ALEC supports is corporate environmental measures, this includes opposition to regulating carbon emissions and toxic coal ash, opposition to investments in renewable energy, and limiting public information about the process of fracking (Cooper et al. 2016). In order to truly understand the impact of lobbying on climate change, ALEC and Koch Industries must be viewed as a partnership when it comes to this crisis. Koch Industries causes a lot of harm to the environment with the Koch Pipeline Company, Koch Carbon, Georgia- Pacific, and so much more. According to the University of Massachusetts Amherst’s Political Economy Research Institute, only three companies rank among the top thirty polluters of America’s air, water, and climate, Exxon Mobil, American Electric Power, and Koch Industries (Dickenson 2014). Koch Industries dumps more pollutants into the nation’s waterways than General Electric and International Paper combined. The company ranks 13th in the nation for toxic air pollution (Dickenson 2014). It’s climate pollution outpaces oil giants Valero, Chevron, and Shell. Across its businesses, Koch generates 24 million metric tons of greenhouse gases a year (Dickenson 2014). In 2000, Koch Industries was fined $30 million to resolve claims related to more than 300 oil spills (Nation of Change 2019). Koch is also a key player in the fracking boom that is vaulting the U.S. past Saudi Arabia as the world’s top oil producer, even though it endangers America’s groundwater (Dickenson 2014). Koch Industries, like many other U.S. businesses has a compelling interest in policy outcomes, given that their profits are routinely affected by regulation (Cooper et al. 2016). Koch Industries and ALEC work together to lobby against climate change and legislation because it poses a huge threat to owned and involved in industries, such as oil and carbon.

How does climate change perpetuate social inequality?

“Surely no one can deny that the impacts and effects of climate change will be unevenly distributed across the world, and lousy weather affects the poor much more than the well off, since the former may lose everything from one inopportune disaster, while the latter are likely to possess at least some resilience in the face of adversity” (Lipschutz 2017). The NAACP reports that the proliferation of climate change has a disproportionate impact on communities of color and low income communities in the U.S. and around the world (NAACP). It is the least privileged and most vulnerable global citizens who are the first to feel the effects of the climate crisis, and who suffer the most damage (Peaceful Uprising).

This is also known as environmental injustice; environmental injustice and social justice go hand in hand. Environmental injustice is about the people in Detroit, Ohio, Chicago, Memphis, Kansas City, and elsewhere who have died and who are chronically ill due to exposure to toxins from coal fired power plants and other toxic facilities. It is the fact that climate change makes and will continue to make natural disasters more severe and frequent. It is poor and indigenous communities losing their land to flooding and rising sea levels; our own citizens breathing toxic ash from the blasting of mountaintop removal the fact that in “many communities it is far easier to find a bag of Cheetos than a carton of strawberries” (Lipshutz 2017). It is the likely increase of droughts and flooding and their impact on access to food. (Lipshutz 2017). Environmental injustice is not having clean drinking water, with there being so much lead in the Flint River that babies cannot bathe in their home’s tap water (Bookhardt), with fracking, and with homes in our country where the tap water burns the resident’s skin (Duhigg 2009).

I would like to discuss a few specific events of environmental injustice; Hurricane Katrina, petcoke in Chicago, and the water crisis in Flint, Michigan. As stated, climate change will continue to make natural disasters more frequent and severe. Our first glimpse of this was Hurricane Katrina; which ‘perfectly’ highlighted the breadth of this problem. Transportation services are a key component in addressing poverty, unemployment, and equal opportunity. American society is largely divided between individuals with and without cars. Nationally, only seven percent of white households do not have a car, compared with twenty four percent of African-American households, seventeen percent of Latino households, and thirteen percent of Asian-American households (Bullard 2008). Cars are an essential part of emergency evacuation plans, it is assumed across the country that people own cars. Hurricane Katrina demonstrated to the world the race and class disparities that mark who can escape a disaster. Disaster planners failed the weakest and most vulnerable in New Orleans- individuals without cars, non-drivers, children, the disabled, the homeless, the sick, and the elderly (Bullard 2008).

Koch Carbon has been storing and piling up millions of tons of petcoke along the Calumet River in Chicago (Erbentraut 2014). Petcoke is a byproduct of the oil refining process and it has been blowing into nearby residential areas, raising environmental concerns. Unlike dirt, petcoke leaves behind a residue and can cause health problems like coughing, wheezing, and shortness of breath, in addition to aggravating existing respiratory conditions like asthma (Erbentraut 2014). In June, the EPA noted the facility had violated the Clean Air Act with petcoke particulates that were endangering the health of the South Side residents (Dickenson 2014). This highlights injustice because it is happening in a low socioeconomic area, the south side of Chicago, where the residents have little to no agency.

About sixty miles from Detroit, a water crisis is occurring in Flint, Michigan. The crisis is disproportionately affecting minorities as the City of Flint is 56 % African-American, where as Michigan is only 14%. The City of Flint also experiences a poverty level of 41 %, while the state has only 17 %. The contamination began in April 2014 when a state appointed emergency manager switched the source of the city’s tap water. It was switched from Detroit’s system to the Flint River. The river has so much lead in it that it risks damage to the nervous system. The injustice in this circumstance is astounding; even with concerns from the EPA and multiple lawsuits nothing has happened in five years. It begs the question, would things be different in a predominantly white community, or a more affluent community? (Bookhardt)

On the flip side there is climate justice. Climate justice is working at the intersections of environmental degradation and the racial, social, and economic inequalities it perpetuates (Peaceful Uprising). The climate issue is very similar to other social justice issues. There has been a shift in the women’s movement from feminism to intersectional feminism; because oppression cannot be understood unless one can see all the avenues of oppression. Similarly, we cannot fully understand or solve climate change until we analyze and educate ourselves on its intersections and the inequalities it perpetuates. That is why the term climate justice has been coined.

The Criminal Justice System and Lobbying

“We’re number one. The United States leads the world in prison inmates. We put away more people for minor crimes, and for longer periods of time, than any other industrialized nation” (Stein 2012). Just like climate change, ALEC is highly influential when it comes to policies in the criminal justice system. They have been influential in passing ‘stand your ground’ laws in many states and are responsible for the national wave of prison privatization, among other things. A long time member of ALEC, the National Rifle Association (NRA) initiated the ‘stand your ground’ law in Florida in 2005; allowing people to use deadly force if they feel they are being threatened without first retreating. ‘Stand your ground’ has become quite controversial after the fatal shooting of Trayvon Martin on February 26th, 2012 by shooter Gail Zimmerman, who invoked the law. After the death of Martin, thirty companies and fifty legislators publicly cut ties with ALEC (Cooper et al. 2016).

The privatization of the prison system is a perfect example of lobbying perpetuating social inequality. “It inherently pits corporate interests against citizen interests with profits versus civil liberties (Cooper et al. 2016). The Prison-Industrial Complex (PIC) is both racist, as is the larger Criminal Justice System, and exploitative. The PIC is driven by political, bureaucratic, and economic interests. Since its inception, the prison industry had been racialized, beginning with black codes. Angela Davis writes that,

‘the prison privatization trends- both the increasing presence of corporation in the prison economy and the establishment of private prisons- are reminiscent of the historical efforts to create a profitable punishment industry based on the new supply of ‘free’ black male laborers in the aftermath of the Civil War’ (Cooper et al. 2016).

Michelle Alexander argues that, although Black Americans are no longer oppressed through slavery or segregation, they are ‘slaves of the state’ through disproportionate incarceration driven by racial profiling and racially based sentencing (Cooper et al. 2016) Therefore, ALEC’s legislative efforts to extend the PIC is inequitable. There is much motivation behind ALEC’s expansion of the PIC; countless ALEC members benefit from it. There are four types of members; corporations that own prisons and related services, corporations that sell goods to prisoners and their families (Cincinnati Bell manufactures inmate cellphones, the Dial Corporation sells health and beauty supplies, and Frito Lay supplies food and beverages to prisoners), those that benefit from cheap prison labor, such as AT&T, Boeing, Koch Industries, and McDonalds who has inmates make uniforms, and those who invest in prison privatization, companies such as Bank of America, Wells Fargo, and Fidelity Insurance (Cooper et al. 2016). “ALEC expands the PIC in three primary ways by, (1) promoting greater use of private prisons, goods, and services (22.3% of model prison bills), (2) promoting greater use of prison labor (2.1% of model prison bills), and (3) increasing the size of the prison population (84.3% of model prison bills)” (Cooper et al. 2016). ALEC also profits by expanding the use of prison labor by private corporations. There are three categories of corporate ALEC members that are involved in prison labor, those that use it directly, those that contract with companies that use the labor, and those that invest in companies that use it. In other words, corporations can profit from prison labor in both direct and indirect ways (Cooper et al. 2016). This corruption and exploitation is everywhere, in every sort of business. Corporations, lobbyists, and politicians are getting away with profiting off the systematic mistreatment and oppression of our citizens. (Cooper et al. 2016).

Why Does This Matter?

This matters for so many reasons, in so many ways. When it comes to climate change; infrastructure is at stake, housing, access to clean drinking water and food, access to clean air, the beauty of our world, and our existence in itself. Climate change also highlights the country and the world’s poverty issue. We have twelve years to solve climate change and with corporations lobbying like this and with systemic corruption, our future seems bleak.

When it comes to the criminal justice system, people have the right to not be exploited, to not be profiled, and to not lose their freedom. As I previously stated, the U.S. has more prisoners than any other industrialized nation in the world, with the U.S. making up 5 % of the world’s population, but accounting for 25 % of its prison population (Sweet 2013). Crime and incarceration disproportionately affect low income individuals and communities (Kearney 2014). “This mass incarceration has gutted, mostly urban, African American and Hispanic communities while providing substantial economic support for rural American communities that subsist on a menu of prison and prison related jobs” (Stein 2012). Parental incarceration can have adverse effects on children including, nightmares, flashbacks, diminished cognitive abilities, poorer peer relationships, emotional problems, anxiety, depression, increased likelihood of developing an eating disorder, anger problems, poor academic performance, and behavioral problems (Parke and Clarke-Stewart 2001). This matters because one of the country’s biggest and most talked about issue right now is immigration and immigration policy. “Sixty-two percent of all ICE immigration detention beds in the U.S. are now operated by for-profit prison corporations. Nine of the ten largest ICE detention centers are private” (Carson and Diaz 2015). “Especially today, when the systemic, deeply entrenched, racialized problems with the criminal justice system are increasingly apparent we shouldn’t endorse strategies that encourage the carceral state” (Time). In other words, we need to care about lobbying and corruption because information is finally coming to the surface and change is around the corner.

Lobbying perpetuates the divide between social classes and furthers the inequality amongst them. Critics have assailed lobbying as a “danger to democracy because it creates elite networks of decision makers that exclude the general populace” (Bruelle 2017). It should be noted that lobbying is a privilege, something that only privileged people get to do. It creates an unequal access to power, which again furthers the wealth and power of the elites (Cooper et al. 2016). It matters because it can and does affect our basic constitutional rights and the fundamentals of democracy. On top of everything, ALEC and Koch are also pushing for stricter voter identification laws.

The proliferation of these laws around the country has raised concerns about voter suppression. “Voting is the bedrock of democracy. Through the vote, citizens choose leaders, sway policy, and generally influence democracy” (Hojnal et al. 2017). The most controversial of these laws is the one requiring state issued identification. This law is trying to prevent a form of voter fraud that is virtually nonexistent. Up to 11 % of the eligible electorate lacks the required identification and these laws disproportionately affect people of color, the elderly, poor Americans, and students (Cooper et al. 2016). Latinos, for example, generally vote less frequently than whites, but in strict voter ID states the gap between hispanics and whites increases by 7.3 %in general elections and 5.7 % in primary elections (Hojnal et al. 2017). “A strict ID law could be expected to depress the Latino turnout by 9.3 percentage points, black turnout by 8.6 points, and Asian American turnout by 12.5 points” (Hojnal et al. 2017).

“By instituting strict voter ID laws, states can alter the electorate and shift outcomes toward those on the right. Where these laws are enacted, the influence of Democrats and liberals wanes and the power of Republicans grows. Unsurprisingly, these strict ID laws are passed almost exclusively by Republican legislatures” (Newkirk 2017).

Voter suppression, though consequential in itself, can lead to even more disparities and trouble. It means less people being able to vote for uncorrupt individuals, for the climate, and for so many other important policies.

It matters because we should not let anyone, no matter how much money they have, get away with breaking the law. ALEC claims on its tax return that it does not lobby, they contest that no lobbying occurs because actual laws are not voted and debated, that only model laws are (Boldt 2012). Though looking at the Tax Code, it is apparent that ALEC’s distinction is meritless and deceptive. ALEC’s lobbying activities are in direct violation of the Tax Code (Boldt 2012). It matters because I want and we should all want a future that represents this country’s values, a future free of corruption, and a future where everyone is represented.

What Can You Do?

“Sixty-two percent of Americans believe corruption is widespread across corporate America” (Porter 2012). This is a lot of information to absorb and it can feel discouraging, one may be questioning if anything can be done, individually or collectively, or if there is any solution? Even though this problem is monumentous, there are still things that every average citizen can do to fight the injustice and corruption. The first is to educate and inform oneself and others; understanding who owns, controls, and who has power over what is power in itself. Do the research and share it. Another thing you should educate yourself on is your rights; knowing your rights give you power and autonomy. The second thing one can do is donate; donate to groups and organizations that fit with their values and ideals (for me, an example would be Planned Parenthood), or ones that fight this injustice (American Civil Liberties Union).

The third thing is to become an activist; vote, go to town hall meetings, call your politicians, sign petitions, protest, boycott, etc. When it comes to lobbying and social inequality, boycotting is one of the most important tools. As I discussed in the paper, there are companies that use prison labor, invest in prison labor, or somehow profit from prison labor. You can boycott these companies: Victoria Secret, AT&T, McDonald’s, Walmart, BP, American Airlines, etc. There are companies that are owned by, benefit, or benefit from Koch Industries that you can boycott: Brawny, Dixie Cups, Quilted Northern, AT&T, State Farm, Exxon Mobil, Coors, Etc. Being informed and boycotting go hand in hand; in my paper I discussed how Frito Lay sells food and beverages to private prisons; they are owned by Pepsico, who also owns Quaker, Cheetos, Gatorade, and Lipton. McDonald’s is owned by Tyson who also owns Walmart, Taco Bell, KFC, Wendy’s, and more. Boycotting all of these companies gives you autonomy as a consumer (Coffey 2011). The fourth thing you can do is to make sure your money is not in banks that invest in fossil fuels; Bank of America, Citigroup, Wells Fargo, and Chase are examples. Not only would your money not be investing in corrupt and harmful industries, but you would also not be supporting Big Banks which is a whole different world of corruption (Pearl 2013).

As an activist you can also join social movements. Social movements are powerful; this country has seen the Civil Rights Movement, the Labor Rights Movement, the Women’s Right Movement, and so much more. “Deep reform has rarely emerged from within government. As a result, movements of moral reform have often emerged from outside government, through social movements which Ganz believes are a uniquely critical and important mechanism of change and deep reform in our country” (Donahue 2015). Social movements show that people who seemed to have no resource when it comes to money, actually do when it comes to personal will and moral authority. They expose the fact that power is dependent on whom it exploits (Donahue 2015). There are numerous social movements happening right now; HeforShe, Global Goals, The Girl Effect, Period Movement, Project Drawdown, the #MeToo movement, Black Lives Matter, YouthStrike4Climate, and so many more. As a citizen, you can either be obedient and neutral or you can fight the injustice; there are plenty of citizens in this country for a revolution, we have seen it countless times before. I would like to end this paper with one of my favorite quotes, “Never doubt that a small group of thoughtful, committed, citizens can change the world. Indeed, it is the only thing that ever has” (Margaret Mead).

References

Boldt, Allison. (2012). “Rhetoric Vs. Reality: ALEC’s Disguise As A Nonprofit Despite Its Extensive Lobbying.” Hamline Journal of Public Law and Policy. 34(1).

Bookhardt, Samuel. ‘Social Justice Equals Clean Water.” Race and Social Justice Law Review. 8(1)

Bruelle, Robert. (2017). ‘The Climate Lobby: A Sectora; Analysis of Lobbying Spending on Climate Change in the USA, 2000-2016.” Climate Change. 149: 289-303

Bullard, Robert. (2008). “Differential Vulnerabilities: Environmental and Economic Inequality and Government Response to Unnatural Disasters.” Social Research. 75(3):753-784

Carson, Bethany and Eleana Diaz. (2015). “Payoff: How Congress Ensures Private Prison Profit with an Immigrant Detention Quota.” Grassroots Leadership.

Cassell, Warren. (2018). “The Koch Brothers” America’s 2nd Wealthiest Family.” Investopedia.

Cooper, Rebecca, Caroline Heldman, Alissa Ackerman, and Victoria Furrar-Meyers. (2016). “Hidden Corporate Profits in the U.S. Prison System: The Unorthodox Policy Making of the American Legislative Exchange Council .” Contemporary Justice Review. 19: 380-400

Dickenson, Tim. (2014). “Inside the Koch Brothers’ Toxic Empire.” Rolling Stone. https://www.rollingstone.com/politics/politics-news/inside-the-koch-brothers-toxic-empire-164403/

Duhigg, Charles. (2009). “Clean Water Laws Are Neglected, at a Cost in Suffering.” The New York Times.

“Environmental & Climate Justice.” NAACP.

Erbentraut, Joseph. (2014). “Chicago Has The Koch Brothers To Thank For Its Toxic Black Dust Problem.” HuffPost.

Graves, Lisa. (2011). “ALEC Exposed: The Koch Connection.” The Nation.

Hojnal, Zolton, Nazita Lajevardi, and Lindsay Neilson. (2017). ‘Voter Identification Laws and the Suppression of Minority Votes.” Journal of Politics. 79(2) 363-379.

Kearney, Melissa. (2014). “The Economic Challenges of Crime and Incarceration in the United States.” Brookings.

“Know the Difference Between Lobbying and Advocacy.” Advocacy & Communication Solutions LLC.

Lipschutz, Ronnie. (2017). “Can Climate Change Us?” Development & Change. 48(3):623-635

“Logistics And Transportation Spotlight.” Select USA.

Newkirk, Vann. (2017). “How Voter ID Laws Discriminate.” The Atlantic.

Parke, Ross and Alison Clarke-Stewart. (2001). “From Prison To Home: The Effect of Incarceration And Reentry On Children, Families, And Communities.” U.S. Department of Health and Human Services.

Pearl, Mike. (2013). “How to divest from fossil fuels, no matter the size of your piggy bank.” Grist.

Porter, Eduardo. (2012). “The Spreading Scourge of Corporate Corruption.” The New York Times.

Stein, Abby. (2012). “Back on the Chain Gang: The New/Old Prison Labor Paradigm.” Journal of Psychohistory. 39.

Sweet, Diane. (2013). “Nation of Inmates: The Impact on Poor and Minority Communities.” Crooks and Liars.

“What is Climate Justice?” Peaceful Uprising.

(2010). “Electric Industry.” Economy Watch.

(2015). “$257 billion.” Oil Change International.

(2016). “This is the Real Reason Private Prisons Should be Outlawed.” Time.

(2019) “Pledge to boycott Koch Products.” Nation of Change.