Chapter 10 3e
Chapter 10 3e
FIGURE 10.1 On April 15 (or “tax day”), 2010, members of the Tea Party movement rallied at the Minnesota State
Capitol in St. Paul in favor of smaller government and against the Affordable Care Act (left). Two years later,
supporters of the law (right) demonstrated in front of the U.S. Supreme Court during oral arguments in National
Federation of Independent Business v. Sebelius, in which the Court eventually upheld most provisions of the law.
(credit left: modiZcation of work by “Fibonacci Blue”/Flickr; credit right: modiZcation of work by LaDawna Howard)
CHAPTER OUTLINE
10.1 Interest Groups DeZned
10.2 Collective Action and Interest Group Formation
10.3 Interest Groups as Political Participation
10.4 Pathways of Interest Group Influence
10.5 Free Speech and the Regulation of Interest Groups
INTRODUCTION The 2010 Patient Protection and Affordable Care Act (ACA), also known as Obamacare,
represented a substantial overhaul of the U.S. healthcare system.1 Given its potential impact, interest group
representatives (lobbyists) from the insurance industry, hospitals, medical device manufacturers, and
organizations representing doctors, patients, and employers all tried to incuence what the law would look like
and the way it would operate. Ordinary people took to the streets to voice their opinion (Figure 10.1). Some
state governors sued to prevent a requirement in the law that their states expand Medicaid coverage. A number
of interest groups challenged the law in court, where two Supreme Court decisions have left it largely intact.
Interest groups like those for and against the ACA play a fundamental role in representing individuals,
corporate interests, and the public before the government. They help inform the public and lawmakers about
issues, monitor government actions, and promote policies that benebt their interests, using all three branches
of government at the federal, state, and local levels.
In this chapter, we answer several key questions about interest groups. What are they, and why and how do
they form? How do they provide avenues for political participation? Why are some groups advantaged by the
340 10 • Interest Groups and Lobbying
lobbying of government representatives, while others are disadvantaged? Finally, how do interest groups try to
achieve their objectives, and how are they regulated?
While the term interest group is not mentioned in the U.S. Constitution, the framers were aware that
individuals would band together in an attempt to use government in their favor. In Federalist No. 10, James
Madison warned of the dangers of “factions,” minorities who would organize around issues they felt strongly
about, possibly to the detriment of the majority. But Madison believed limiting these factions was worse than
facing the evils they might produce, because such limitations would violate individual freedoms. Instead, the
natural way to control factions was to let them courish and compete against each other. The sheer number of
interests in the United States suggests that many have, indeed, courished. They compete with similar groups
for membership, and with opponents for access to decision-makers. Some people suggest there may be too
many interests in the United States. Others argue that some have gained a disproportionate amount of
incuence over public policy, whereas many others are underrepresented.
Madison’s debnition of factions can apply to both interest groups and political parties. But unlike political
parties, interest groups do not function primarily to elect candidates under a certain party label or to directly
control the operation of the government. Political parties in the United States are generally much broader
coalitions that represent a signibcant proportion of citizens. In the American two-party system, the
Democratic and Republican Parties spread relatively wide nets to try to encompass large segments of the
population. In contrast, while interest groups may support or oppose political candidates, their goals are
usually more issue-specibc and narrowly focused on areas like taxes, the environment, and gun rights or gun
control, or their membership is limited to specibc professions. They may represent interests ranging from
well-known organizations, such as the Sierra Club, IBM, or the American Lung Association, to obscure ones,
such as the North Carolina Gamefowl Breeders Association. Thus, with some notable exceptions, specibc
interest groups have much more limited membership than do political parties.
Political parties and interest groups both work together and compete for incuence, although in different ways.
While interest group activity often transcends party lines, many interests are perceived as being more
supportive of one party than the other. The American Conservative Union, Citizens United, the National Rice
Association, and National Right to Life are more likely to have relationships with Republican lawmakers than
with Democratic ones. Americans for Democratic Action, Campaign for America's Future, and People for the
American Way all have stronger relationships with the Democratic Party. Parties and interest groups do
compete with each other, however, often for incuence. At the state level, we typically observe an inverse
relationship between them in terms of power. Interest groups tend to have greater incuence in states where
political parties are comparatively weaker.
Formally, a lobbyist is someone who represents the interest organization before government, is usually
compensated for doing so, and is required to register with the government in which they lobby, whether state
or federal. The lobbyist’s primary goal is usually to incuence policy. Most interest organizations engage in
lobbying activity to achieve their objectives. As you might expect, the interest hires a lobbyist, employs one
internally, or has a member volunteer to lobby on its behalf. For present purposes, we might restrict our
debnition to the relatively broad one in the Lobbying Disclosure Act.2 This act requires the registration of
lobbyists representing any interest group and devoting more than 20 percent of their time to it.3 Clients and
lobbying brms must also register with the federal government based on similar requirements. Moreover,
campaign bnance laws require disclosure of campaign contributions given to political candidates by
organizations.
LINK TO LEARNING
Visit this site (https://openstax.org/l/29opensecrets) to research donations and campaign contributions given
to political candidates by organizations.
Lobbying is not limited to Washington, DC, however, and many interests lobby there as well as in one or more
states. Each state has its own laws describing which individuals and entities must register, so the debnitions of
lobbyists and interests, and of what lobbying is and who must register to do it, also vary from state to state.
Therefore, while a citizen contacting a lawmaker to discuss an issue is generally not viewed as lobbying, an
organization that devotes a certain amount of time and resources to contacting lawmakers may be classibed as
lobbying, depending on local, state, or federal law.
Largely for this reason, there is no comprehensive list of all interest groups to tell us how many there are in the
United States. Estimates of the number vary widely, suggesting that if we use a broad debnition and include all
interests at all levels of government, there may be more than 200,000.4 Following the passage of the Lobbying
Disclosure Act in 1995, we had a much better understanding of the number of interests registered in
Washington, DC; however, it was not until several years later that we had a complete count and categorization
of the interests registered in each of the bfty states.5
Political scientists have categorized interest groups in a number of ways.6 First, interest groups may take the
form of membership organizations, which individuals join voluntarily and to which they usually pay dues.
Membership groups often consist of people who have common issues or concerns, or who want to be with
others who share their views. The National Rice Association (NRA) is a membership group consisting of
members who promote gun rights (Figure 10.2). For those who advocate greater regulation of access to
brearms, such as background checks prior to gun purchases, the Brady: United Against Gun Violence is a
membership organization that weighs in on the other side of the issue.7
342 10 • Interest Groups and Lobbying
FIGURE 10.2 A Florida member of the NRA proudly displays his support of gun rights (a). After the mass shooting at
Marjory Stoneman Douglas High School in Parkland, Florida, on February 14, 2018, which resulted in seventeen
deaths, massive demonstrations were quickly organized. On March 24, 2018, in Washington DC (b), San Francisco
(c), and 880 sister sites, young Americans gathered and marched to highlight the need for gun control reform.
(credit a: modiZcation of work by Daniel Oines/Flickr, CC BY; credit b: modiZcation of "March for Our Lives" by Phil
Roeder/Wikimedia Commons, CC BY; credit c: modiZcation of "March for Our Lives SF" by Roger Jones/Flickr, Public
Domain)
Interest groups may also form to represent companies, corporate organizations, and governments. These
groups do not have individual members but rather are offshoots of corporate or governmental entities with a
compelling interest to be represented in front of one or more branches of government. Verizon and Coca-Cola
will register to lobby in order to incuence policy in a way that benebts them. These corporations will either
have one or more in-house lobbyists, who work for one interest group or brm and represent their organization
in a lobbying capacity, and/or will hire a contract lobbyist, individuals who work for brms that represent a
multitude of clients and are often hired because of their resources and their ability to contact and lobby
lawmakers, to represent them before the legislature.
Governments such as municipalities and executive departments such as the Department of Education register
to lobby in an effort to maximize their share of budgets or increase their level of autonomy. These government
institutions are represented by a legislative liaison, whose job is to present issues to decision-makers. For
example, a state university usually employs a lobbyist, legislative liaison, or government affairs person to
represent its interests before the legislature. This includes lobbying for a given university’s share of the budget
or for its continued autonomy from lawmakers and other state-level ofbcials who may attempt to play a greater
oversight role.
In 2015, thirteen states had their higher education budgets cut from the previous year, and nearly all states
have seen some cuts to higher education funding since the recession began in 2008.8 In 2015, as in many
states, universities and community colleges in Mississippi lobbied the legislature over pending budget cuts.9
These examples highlight the need for universities and state university systems to have representation before
the legislature. On the federal level, universities may lobby for research funds from government departments.
For example, the Departments of Defense and Homeland Security may be willing to fund scientibc research
that might better enable them to defend the nation.
Interest groups also include associations, which are typically groups of institutions that join with others, often
within the same trade or industry (trade associations), and have similar concerns. The American Beverage
Association10 includes Coca-Cola, Red Bull North America, ROCKSTAR, and Kraft Foods. Despite the fact that
these companies are competitors, they have common interests related to the manufacturing, bottling, and
distribution of beverages, as well as the regulation of their business activities. The logic is that there is strength
in numbers, and if members can lobby for tax breaks or eased regulations for an entire industry, they may all
benebt. These common goals do not, however, prevent individual association members from employing in-
house lobbyists or contract lobbying brms to represent their own business or organization as well. Indeed,
many members of associations are competitors who also seek representation individually before the
legislature.
LINK TO LEARNING
Visit the website of an association like the American Beverage Association (https://openstax.org/l/
29ambevassoc) or the American Bankers Association (https://openstax.org/l/29amerbankassoc) and look over
the key issues it addresses. Do any of the issues it cares about surprise you? What areas do you think members
can agree about? Are there issues on which the membership might disagree? Why would competitors join
together when they normally compete for business?
Finally, sometimes individuals volunteer to represent an organization. They are called amateur or volunteer
lobbyists, and are typically not compensated for their lobbying efforts. In some cases, citizens may lobby for
pet projects because they care about some issue or cause. They may or may not be members of an interest
group, but if they register to lobby, they are sometimes nicknamed “hobbyists.”
Lobbyists representing a variety of organizations employ different techniques to achieve their objectives. One
method is inside lobbying or direct lobbying, which takes the interest group’s message directly to a
government ofbcial such as a lawmaker.11 Inside lobbying tactics include testifying in legislative hearings and
helping to draft legislation. Numerous surveys of lobbyists have conbrmed that the vast majority rely on these
inside strategies. For example, nearly all report that they contact lawmakers, testify before the legislature, help
draft legislation, and contact executive agencies. Trying to incuence government appointments or providing
favors to members of government are somewhat less common insider tactics.
Many lobbyists also use outside lobbying or indirect lobbying tactics, whereby the interest attempts to get its
message out to the public.12 These tactics include issuing press releases, placing stories and articles in the
media, entering coalitions with other groups, and contacting interest group members, hoping that they will
individually pressure lawmakers to support or oppose legislation. An environmental interest group like the
Sierra Club, for example, might issue a press release or encourage its members to contact their representatives
in Congress about legislation of concern to the group. It might also use outside tactics if there is a potential
threat to the environment and the group wants to raise awareness among its members and the public (Figure
10.3). Members of Congress are likely to pay attention when many constituents contact them about an issue or
proposed bill. Many interest groups, including the Sierra Club, will use a combination of inside and outside
tactics in their lobbying efforts, choosing whatever strategy is most likely to help them achieve their goals.
344 10 • Interest Groups and Lobbying
FIGURE 10.3 In February 2013, members of the Sierra Club joined a march on Los Angeles City Hall to demand
action on climate change and protest the development of the Keystone pipeline. This was the Sierra Club's Zrst act
of civil disobedience across its 120-year history. (credit: Charlie Kaijo)
The primary goal of most interests, no matter their lobbying approach, is to incuence decision-makers and
public policies. For example, National Right to Life, an anti-abortion interest group, lobbies to encourage
government to enact laws that restrict abortion access, while NARAL Pro-Choice America lobbies to promote
the right of women to have safe choices about abortion. Environmental interests like the Sierra Club lobby for
laws designed to protect natural resources and minimize the use of pollutants. On the other hand, some
interests lobby to reduce regulations that an organization might view as burdensome. Air and water quality
regulations designed to improve or protect the environment may be viewed as onerous by industries that
pollute as a byproduct of their production or manufacturing process. Other interests lobby for budgetary
allocations; the farm lobby, for example, pressures Congress to secure new farm subsidies or maintain existing
ones. Farm subsidies are given to some farmers because they grow certain crops and to other farmers so they
will not grow certain crops.13 As expected, any bill that might attempt to alter these subsidies raises the
antennae of many agricultural interests.
Interest groups facilitate political participation in a number of ways. Some members become active within a
group, working on behalf of the organization to promote its agenda. Some interests work to increase
membership, inform the public about issues the group deems important, or organize rallies and promote get-
out-the-vote efforts. Sometimes groups will utilize events to mobilize existing members or encourage new
members to join. For example, following Barack Obama’s presidential victory in 2008, the NRA used the
election as a rallying cry for its supporters, and it continues to attack the president on the issue of guns,
despite the fact that gun rights have in some ways expanded over the course of the Obama presidency. Interest
groups also organize letter-writing campaigns, stage protests, and sometimes hold fundraisers for their cause
or even for political campaigns.
Some interests are more broadly focused than others. AARP (formerly the American Association of Retired
Persons) has approximately thirty-eight million members and advocates for individuals bfty and over on a
variety of issues including health care, insurance, employment, bnancial security, and consumer protection
(Figure 10.4).15 This organization represents both liberals and conservatives, Democrats and Republicans, and
many who do not identify with these categorizations. On the other hand, the Association of Black Cardiologists
is a much smaller and far-narrower organization. Over the last several decades, some interest groups have
sought greater specialization and have even fragmented. As you may imagine, the Association of Black
Cardiologists is more specialized than the American Medical Association, which tries to represent all
physicians regardless of race or specialty.
FIGURE 10.4 Health care is an important concern for AARP and its members, so the organization makes sure to
maintain connections with key policymakers in this area, such as Xavier Becerra, then-California attorney general
and current, secretary of Health and Human Services, shown here (on left) with (left to right) Blanca Castro, AARP
advocacy manager, California governor Gavin Newsom, and California Assembly member Jim Wood. (credit:
modiZcation of work by AARP California)
On the other hand, public interest groups attempt to promote public, or collective, goods. Such collective
goods are benebts—tangible or intangible—that help most or all citizens. These goods are often produced
collectively, and because they may not be probtable and everyone may not agree on what public goods are best
for society, they are often underfunded and thus will be underproduced unless there is government
involvement. The Tennessee Valley Authority, a government corporation, provides electricity in some places
where it is not probtable for private brms to do so. Other examples of collective goods are public safety,
highway safety, public education, and environmental protection. With some exceptions, if an environmental
interest promotes clean air or water, most or all citizens are able to enjoy the result. So if the Sierra Club
346 10 • Interest Groups and Lobbying
encourages Congress to pass legislation that improves national air quality, citizens receive the benebt
regardless of whether they are members of the organization or even support the legislation. Many
environmental groups are public interest groups that lobby for and raise awareness of issues that affect large
segments of the population.16
As the clean air example above suggests, collective goods are generally nonexcludable, meaning all or most
people are entitled to the public good and cannot be prevented from enjoying it. Furthermore, collective goods
are generally not subject to crowding, so that even as the population increases, people still have access to the
entire public good. Thus, the military does not protect citizens only in Texas and Maryland while neglecting
those in New York and Idaho, but instead it provides the collective good of national defense equally to citizens
in all states. As another example, even as more cars use a public roadway, under most circumstances,
additional drivers still have the option of using the same road. (High-occupancy vehicle lanes may restrict
some lanes of a highway for drivers who do not car pool.)
In any group project in which you have participated, you may have noticed that a small number of students did
the bulk of the work while others did very little. Yet everyone received the same grade. Why do some do all the
work, while others do little or none? How is it possible to get people to work when there is a disincentive to do
so? This situation is an example of a collective action problem, and it exists in government as well as in public
and private organizations. Whether it is Congress trying to pass a budget or an interest group trying to
motivate members to contact lawmakers, organizations must overcome collective action problems to be
productive. This is especially true of interest groups, whose formation and survival depend on members doing
the necessary work to keep the group funded and operating.
Why do some students elect to do little on a group project? The answer is that they likely prefer to do
something else and realize they can receive the same grade as the rest of the group without contributing to the
effort. This result is often termed the free rider problem, because some individuals can receive benebts (get a
free ride) without helping to bear the cost. When National Public Radio (NPR) engages in a fund-raising effort
to help maintain the station, many listeners will not contribute. Since it is unlikely that any one listener’s
donation will be decisive in whether NPR has adequate funding to continue to operate, most listeners will not
contribute to the costs but instead will free ride and continue to receive the benebts of listening.
Collective action problems and free riding occur in many other situations as well. If union membership is
optional and all workers will receive a salary increase regardless of whether they make the time and money
commitment to join, some workers may free ride. The benebts sought by unions, such as higher wages,
collective bargaining rights, and safer working conditions, are often enjoyed by all workers regardless of
whether they are members. Therefore, free riders can receive the benebt of the pay increase without helping
defray the cost by paying dues, attending meetings or rallies, or joining protests, like that shown in Figure 10.5.
FIGURE 10.5 In December 2018, in protest against working conditions such as computer tracking and being
required to work at a high rate of speed, around two hundred Amazon workers, mostly of East African descent,
protested outside their workplace in Shakopee, Minnesota. (credit: modiZcation of "East African worker protest
against Amazon" by Fibonacci Blue/Wikimedia Commons, CC BY)
If free riding is so prevalent, why are there so many interest groups and why is interest group membership so
high in the United States? One reason is that free riding can be overcome in a variety of ways. Olson argued, for
instance, that some groups are better able than others to surmount collective action problems.18 They can
sometimes maintain themselves by obtaining bnancial support from patrons outside the group.19 Groups with
bnancial resources have an advantage in mobilizing in that they can offer incentives or hire a lobbyist. Smaller,
well-organized groups also have an advantage. For one thing, opinions within smaller groups may be more
similar, making it easier to reach consensus. It is also more difbcult for members to free ride in a smaller
group. In comparison, larger groups have a greater number of individuals and therefore more viewpoints to
consider, making consensus more difbcult. It may also be easier to free ride because it is less obvious in a large
group when any single person does not contribute. However, if people do not lobby for their own interests, they
may bnd that they are ignored, especially if smaller but more active groups with interests opposed to theirs
lobby on behalf of themselves. Even though the United States is a democracy, policy is often made to suit the
interests of the few instead of the needs of the many.
Group leaders also play an important role in overcoming collective action problems. For instance, political
scientist Robert Salisbury suggests that group leaders will offer incentives to induce activity among
individuals.20 Some offer material incentives, which are tangible benebts of joining a group. AARP, for
example, offers discounts on hotel accommodations and insurance rates for its members, while dues are very
low, so they can actually save money by joining. Group leaders may also offer solidary incentives, which
provide the benebt of joining with others who have the same concerns or are similar in other ways. Some
scholars suggest that people are naturally drawn to others with similar concerns. The NAACP is a civil rights
groups concerned with promoting equality and eliminating discrimination based on race, and members may
join to associate with others who have dealt with issues of inequality.21
Similarly, purposive incentives focus on the issues or causes promoted by the group. Someone concerned
about protecting individual rights might join a group like the American Civil Liberties Union (ACLU) because
it supports the liberties guaranteed in the U.S. Constitution, even the free expression of unpopular views.22
Members of the ACLU sometimes bnd the messages of those they defend (including Nazis and the Ku Klux
Klan) deplorable, but they argue that the principle of protecting civil liberties is critical to U.S. democracy. In
many ways, the organization’s stance is analogous to James Madison’s defense of factions mentioned earlier in
this chapter. A commitment to protecting rights and liberties can serve as an incentive in overcoming
collective action problems, because members or potential members care enough about the issues to join or
participate. Thus, interest groups and their leadership will use whatever incentives they have at their disposal
to overcome collective action problems and mobilize their members.
Finally, sometimes collective action problems are overcome because there is little choice about whether to join
348 10 • Interest Groups and Lobbying
an organization. For example, some organizations may require membership in order to participate in a
profession. To practice law, individuals may be required to join the American Bar Association or a state bar
association. In the past, union membership could be required of workers, particularly in urban areas
controlled by political machines consisting of a combination of parties, elected representatives, and interest
groups.
LINK TO LEARNING
Visit the Free Rider Problem (https://openstax.org/l/29freeridprob) for a closer look at free riding as a
philosophical problem. Think of a situation you have been in where a collective action problem existed or
someone engaged in free riding behavior. Why did the collective action problem or free riding occur? What
could have been done to overcome the problem? How will knowledge of these problems affect the way you act
in future group settings?
More recently, several shooting deaths of unarmed young African American men have raised awareness of
racial issues in the United States and potential problems in policing practices, including racial disparities in
treatment by police ofbcers.25 In 2014, Ferguson, Missouri, erupted in protests and riots26 following a decision
not to indict Darren Wilson, a White police ofbcer, in the fatal shooting of Michael Brown, who had allegedly
been involved in a theft at a local convenience store and ended up in a dispute with the ofbcer.27 The incident
mobilized groups representing civil rights, such as the protestors in Figure 10.6, as well as others supporting
the interests of police ofbcers. In May 2020, George Floyd died shortly after police ofbcer Derek Chauvin
leaned his knee on Floyd's neck for nine and half minutes, while Floyd was handcuffed and laying face down
on the ground.28 Chauvin was later convicted of murder for the act. The protests that followed the release of
video footage of the incident occurred in cities all across the United States, including Washington DC, and were
much greater—bigger, more widespread, and more signibcant—than the Ferguson demonstrations. (A protest
is an orderly exercise of the constitutional right of free speech and peaceful assembly. Rioting involves
destroying property and/or attacking other people, which are crimes.)29
FIGURE 10.6 On May 25, 2020, in Minneapolis, George Floyd was murdered while in police custody as onlookers
recorded the incident; he has since been memorialized at the site of the crime (a). His death led to massive protests
and calls to divest funds from police departments across the country, including in Minneapolis (b). (credit a:
modiZcation of "George Floyd Memorial" by Fibonacci Blue/Flickr, CC BY; credit b: modiZcation of "Minneapolis City
Council Pledges to Dismantle Police Department" by Tony Webster/Flickr, CC BY)
Both the Silent Spring and Ferguson examples demonstrate the idea that people will naturally join groups in
response to disturbances. Some mobilization efforts develop more slowly and may require the efforts of group
leaders. Sometimes political candidates can push issues to the forefront, which may result in interest group
mobilization. The recent focus on immigration, for example, has resulted in the mobilization of those in
support of restrictive policies as well as those opposed to them (Figure 10.7). Rather than being a single
disturbance, debate about immigration policy has ebbed and cowed in recent years, creating what might best
be described as a series of minor disturbances. When, during his presidential candidacy, Donald Trump made
controversial statements about immigrants, many rallied both for and against him.30
FIGURE 10.7 Protestors take to the streets on different sides of the immigration issue. Some argue that the United
States is a nation of immigrants, whereas others demonstrate in support of greater restrictions on immigration.
(credit "Peace": modiZcation of "Minneapolis protest against Arizona immigrant law SB 1070" by Fibonacci Blue/
Flickr, CC BY; credit "We Are Not": modiZcation of "We Are Not Criminals" by Michael Righi/Flickr, CC BY; credit
"Secure": modiZcation of "Immigration Protest" by Travis Wise/Flickr, CC BY; credit "Stop": modiZcation of "Protest
by the Tea Parties Against Amnesty and Illegal Immigration (and counter protest) in St. Paul on November 14, 2009"
by Fibonacci Blue/Flickr, CC BY)
350 10 • Interest Groups and Lobbying
Yet at the same time, students participate by voting and joining groups at lower rates than members of other age
cohorts. Why is it the case that students can play such an important role in facilitating political change in some
cases, while at the same time they are typically less active than other demographic groups?
Are there groups on campus that represent issues important to you? If not, Znd out what you could do to start
such a group.
Interest groups offer individuals an important avenue for political participation. Tea Party protests, for
instance, gave individuals all over the country the opportunity to voice their opposition to government actions
and control. Likewise, the Black Lives Matter movement also gave a voice to individuals and communities
frustrated with unequal treatment from police ofbcers. Individually, the protestors would likely have received
little notice, but by joining with others, they drew substantial attention in the media and from lawmakers
(Figure 10.8). While the Tea Party movement might not meet the debnition of interest groups presented earlier,
its aims have been promoted by established interest groups. Other opportunities for participation that interest
groups offer or encourage include voting, campaigning, contacting lawmakers, and informing the public about
causes.
FIGURE 10.8 In 2011, an Occupy Wall Street protestor highlights that the concerns of individual citizens are not
According to political scientists Jeffrey Berry and Clyde Wilcox, interest groups provide a means of
representing people and serve as a link between them and government.33 Interest groups also allow people to
actively work on an issue in an effort to incuence public policy. Another function of interest groups is to help
educate the public. Someone concerned about the environment may not need to know what an acceptable level
of sulfur dioxide is in the air, but by joining an environmental interest group, they can remain informed when
air quality is poor or threatened by legislative action. A number of education-related interests have been very
active following cuts to education spending in many states, including North Carolina, Mississippi, and
Wisconsin, to name a few.
Interest groups also help frame issues, usually in a way that best benebts their cause. Abortion rights
advocates often use the term “pro-choice” to frame abortion as an individual’s private choice to be made free
of government interference, while an anti-abortion group might use the term “pro-life” to frame its position as
protecting the life of the unborn. “Pro-life” groups often label their opponents as “pro-abortion,” rather than
“pro-choice,” a distinction that can affect the way the public perceives the issue. Similarly, scientists and
others who believe that human activity has had a negative effect on the earth’s temperature and weather
patterns attribute such phenomena as the increasing frequency and severity of storms to “climate change.”
Industrialists and their supporters refer to alterations in the earth’s climate as “global warming.” Those who
dispute that such a change is taking place can thus point to blizzards and low temperatures as evidence that
the earth is not becoming warmer.
Interest groups also try to get issues on the government agenda and to monitor a variety of government
programs. Following the passage of the ACA, numerous interest groups have been monitoring the
implementation of the law, hoping to use successes and failures to justify their positions for and against the
legislation. Those opposed have utilized the court system to try to alter or eliminate the law, or have lobbied
executive agencies or departments that have a role in the law’s implementation. Similarly, teachers’ unions,
parent-teacher organizations, and other education-related interests monitored initial implementation and on-
going operations of the No Child Left Behind Act (NCLB) promoted and signed into law by President George W.
Bush in 2002. That law was replaced in 2015 with the Every Student Succeeds Act, due in part to continual
lobbying by teacher unions who tired of the stronger federal role that NCLB necessitated.34 Interest groups
have increasingly utilized digital means to have attention paid to their causes. Perhaps most piercing in effect
over recent years is the use of so-called hashtag activism. The hashtag is a visible part of life on Twitter and
key hashtags have induced press coverage and press taglines. The most visible such use was likely the #MeToo
movement, which snowballed quickly as famous woman after famous woman conbrmed that they, too, had
faced harrassment.35
352 10 • Interest Groups and Lobbying
MILESTONE
FIGURE 10.9 The Stonewall Inn in New York City’s Greenwich Village was the site of arrests and riots in 1969
that, like the building itself, became an important landmark in the LGBTQ movement. (credit: Steven Damron)
The Castro district in San Francisco, California, was also home to a signiZcant LGBTQ community during the same
time period. In 1978, the community was shocked when Harvey Milk, a gay local activist and sitting member of
San Francisco’s Board of Supervisors, was assassinated by a former city supervisor due to political differences.37
This resulted in protests in San Francisco and other cities across the country and the mobilization of interests
concerned about gay and lesbian rights.
Today, advocacy interest organizations like the Human Rights Campaign are at the forefront in supporting
members of the LGBTQ community and popularizing a number of relevant issues. They played an active role in
the effort to legalize same-sex marriage in individual states and later nationwide. Now that same-sex marriage is
legal, these organizations and others are dealing with issues related to continuing discrimination against
members of this community. One current debate centers around whether an individual’s religious freedom allows
that individual to deny services to members of the LGBTQ community. This question reached a fever pitch over
discussions about restroom facilities for transgender individuals. The Department of Labor's Occupational Safety
and Health Administration (OSHA) recommends best practices for restroom access for transgender workers
indicating that all employees should have access to bathroom facilities that correspond to their gender identity.38
What do you feel are lingering issues for the LGBTQ community? What approaches could you take to help
increase attention and support for gay, lesbian, bisexual, and transgender rights? Do you think someone’s
religious beliefs should allow them the freedom to discriminate against members of the LGBTQ community? Why
or why not?
the variety of interests in society. Some areas may be dominated by certain industries, while others may recect
a multitude of interests. Some interests appear to have increased at greater rates than others. For example, the
number of institutions and corporate interests has increased both in Washington and in the states.
Telecommunication companies like Verizon and AT&T will lobby Congress for laws benebcial to their
businesses, but they also target the states because state legislatures make laws that can benebt or harm their
activities. There has also been an increase in the number of public interest groups that represent the public as
opposed to economic interests. U.S. PIRG is a public interest group that represents the public on issues
including public health, the environment, and consumer protection.40
GET CONNECTED!
Public Interest Research Groups
Public interest research groups (PIRGs) have increased in recent years, and many now exist nationally and at the
state level. PIRGs represent the public in a multitude of issue areas, ranging from consumer protection to the
environment, and like other interests, they provide opportunities for people to make a difference in the political
process. PIRGs try to promote the common or public good, and most issues they favor affect many or even all
citizens. Student PIRGs focus on issues that are important to students, including tuition costs, textbook costs, new
voter registration, sustainable universities, and homelessness. Consider the cost of a college education. You may
want to research how education costs have increased over time. Are cost increases similar across universities and
colleges? Are they similar across states? What might explain similarities and differences in tuition costs? What
solutions might help address the rising costs of higher education?
How can you get involved in the drive for affordable college education? Consider why students might become
engaged in it and why they might not do so. A number of countries have made tuition free or nearly free.41 Is this
feasible or desirable in the United States? Why or why not?
LINK TO LEARNING
Take a look at the website (https://openstax.org/l/29studPIRGS) for Student PIRGs. What issues does this
interest group address? Are these issues important to you? How can you get involved? Visit this section of their
site (https://openstax.org/l/29studPIRGSbn) to learn more about their position on bnancing higher education.
What are the reasons for the increase in the number of interest groups? In some cases, it simply recects new
interests in society. Forty years ago, stem cell research was not an issue on the government agenda, but as
science and technology advanced, its techniques and possibilities became known to the media and the public,
and a number of interests began lobbying for and against this type of research. Medical research brms and
medical associations will lobby in favor of greater spending and increased research on stem cell research,
while some religious organizations and anti-abortion groups will oppose it. As societal attitudes change and
new issues develop, and as the public becomes aware of them, we can expect to see the rise of interests
addressing them.
The devolution of power also explains some of the increase in the number and type of interests, at least at the
state level. As power and responsibility shifted to state governments in the 1980s, the states began to handle
responsibilities that had been under the jurisdiction of the federal government. A number of federal welfare
programs, for example, are generally administered at the state level. This means interests might be better
served targeting their lobbying efforts in Albany, Raleigh, Austin, or Sacramento, rather than only in
Washington, DC. As the states have become more active in more policy areas, they have become prime targets
for interests wanting to incuence policy in their favor.42
We have also seen increased specialization by some interests and even fragmentation of existing interests.
While the American Medical Association may take a stand on stem cell research, the issue is not critical to the
354 10 • Interest Groups and Lobbying
everyday activities of many of its members. On the other hand, stem cell research is highly salient to members
of the American Neurological Association, an interest organization that represents academic neurologists and
neuroscientists. Accordingly, different interests represent the more specialized needs of different specialties
within the medical community, but fragmentation can occur when a large interest like this has diverging
needs. Such was also the case when several unions split from the AFL-CIO (American Federation of Labor-
Congress of Industrial Organizations), the nation’s largest federation of unions, in 2005.43 Improved
technology and the development of social media have made it easier for smaller groups to form and to attract
and communicate with members. The use of the Internet to raise money has also made it possible for even
small groups to receive funding.
None of this suggests that an unlimited number of interests can exist in society. The size of the economy has a
bearing on the number of interests, but only up to a certain point, after which the number increases at a
declining rate. As we will see below, the limit on the number of interests depends on the available resources
and levels of competition.
Over the last few decades, we have also witnessed an increase in professionalization in lobbying and in the
sophistication of lobbying techniques. This was not always the case, because lobbying was not considered a
serious profession in the mid-twentieth century. Over the past three decades, there has been an increase in the
number of contract lobbying brms. These brms are often effective because they bring signibcant resources to
the table, their lobbyists are knowledgeable about the issues on which they lobby, and they may have existing
relationships with lawmakers. In fact, relationships between lobbyists and legislators are often ongoing, and
these are critical if lobbyists want access to lawmakers. However, not every interest can afford to hire high-
priced contract lobbyists to represent it. As Table 10.1 suggests, a great deal of money is spent on lobbying
activities.
TABLE 10.1 This table lists the top twenty U.S. lobbying Zrms in 2020
as determined by total lobbying income.44
TABLE 10.1 This table lists the top twenty U.S. lobbying Zrms in 2020
as determined by total lobbying income.44
We have also seen greater limits on inside lobbying activities. In the past, many lobbyists were described as
“good ol’ boys” who often provided gifts or other favors in exchange for political access or other considerations.
Today, restrictions limit the types of gifts and benebts lobbyists can bestow on lawmakers. There are certainly
fewer “good ol’ boy” lobbyists, and many lobbyists are now full-time professionals. The regulation of lobbying
is addressed in greater detail below.
FIGURE 10.10 A protestor at an Occupy Times Square rally in October 2011. (credit: Geoff Stearns)
Individually, people living in poverty may not have the same opportunities to join groups.47 They may work two
jobs to make ends meet and lack the free time necessary to participate in politics. Further, there are often
bnancial barriers to participation. For someone who punches a time-clock, spending time with political
groups may be costly and paying dues may be a hardship. Certainly, the poor are unable to hire expensive
lobbying brms to represent them. Structural barriers like voter identibcation laws may also disproportionately
affect people with low socioeconomic status, although the effects of these laws may not be fully understood for
some time.
The poor may also have low levels of efGcacy, which refers to the conviction that you can make a difference or
that government cares about you and your views. People with low levels of efbcacy are less likely to participate
in politics, including voting and joining interest groups. Therefore, they are often underrepresented in the
political arena.
People in certain racial and ethnic populations may also participate less often than the majority population,
although when we control for wealth and education levels, we see fewer differences in participation rates. Still,
there is a bias in participation and representation, and this bias extends to interest groups as well. For
example, when fast food workers across the United States went on strike to demand an increase in their wages,
they could do little more than take to the streets bearing signs, like the protestors shown in Figure 10.11. Their
opponents, the owners of restaurant chains and others who pay their employees minimum wage, could hire
groups such as the Employment Policies Institute, which paid for billboard ads in Times Square in New York
City. The billboards implied that raising the minimum wage was an insult to people who worked hard and
discouraged people from getting an education to better their lives.48
FIGURE 10.11 Unlike their opponents, these minimum-wage workers in Minnesota have limited ways to make their
interests known to government. However, they were able to increase their political efZcacy by joining fast food
workers in a nationwide strike on April 15, 2015, to call for a $15 per hour minimum wage and improved working
conditions. (credit: “Fibonacci Blue”/Flickr)
Finally, people do not often participate because they lack the political skill to do so or believe that it is
impossible to incuence government actions.49 They might also lack interest or could be apathetic.
Participation usually requires some knowledge of the political system, the candidates, or the issues. Younger
people in particular are often cynical about government’s response to the needs of non-elites.
How do these observations translate into the way different interests are represented in the political system?
Some pluralist scholars like David Truman suggest that people naturally join groups and that there will be a
great deal of competition for access to decision-makers.50 Scholars who subscribe to this pluralist view
assume this competition among diverse interests is good for democracy. Political theorist Robert Dahl argued
that “all active and legitimate groups had the potential to make themselves heard.”51 In many ways, this is an
optimistic assessment of representation in the United States.
However, not all scholars accept the premise that mobilization is natural and that all groups have the potential
for access to decision-makers. The elite critique suggests that certain interests, typically businesses and the
wealthy, are advantaged and that policies more often recect their wishes than anyone else’s. Political scientist
E. E. Schattschneider noted that “the caw in the pluralist heaven is that the heavenly chorus sings with a
strong upperclass accent.”52 A number of scholars have suggested that businesses and other wealthy interests
are often overrepresented before government, and that poorer interests are at a comparative disadvantage.53
For example, as we’ve seen, wealthy corporate interests have the means to hire in-house lobbyists or high-
priced contract lobbyists to represent them. They can also afford to make bnancial contributions to politicians,
which at least may grant them access. The ability to overcome collective action problems is not equally
distributed across groups; as Mancur Olson noted, small groups and those with economic advantages were
better off in this regard.54 Disadvantaged interests face many challenges including shortages of resources,
time, and skills.
A study of almost eighteen hundred policy decisions made over a twenty-year period revealed that the
interests of the wealthy have much greater incuence on the government than those of average citizens. The
approval or disapproval of proposed policy changes by average voters had relatively little effect on whether the
changes took place. When wealthy voters disapproved of a particular policy, it almost never was enacted. When
wealthy voters favored a particular policy, the odds of the policy proposal’s passing increased to more than 50
percent.55 Indeed, the preferences of those in the top 10 percent of the population in terms of income had an
impact bfteen times greater than those of average income. In terms of the effect of interest groups on policy,
Gilens and Page found that business interest groups had twice the incuence of public interest groups.56
Figure 10.12 shows contributions by interests from a variety of different sectors. We can draw a few notable
observations from the table. First, large sums of money are spent by different interests. Second, many of these
interests are business sectors, including the real estate sector, the insurance industry, businesses, and law
brms.
358 10 • Interest Groups and Lobbying
FIGURE 10.12 The chart above shows the dollar amounts contributed from the business sector to Democratic
(blue) and Republican (red) federal candidates and political parties during the 2019-2020 election cycle, as
reported to the Federal Election Commission.
Interest group politics are often characterized by whether the groups have access to decision-makers and can
participate in the policy-making process. The iron triangle is a hypothetical arrangement among three
elements (the corners of the triangle): an interest group, a congressional committee member or chair, and an
agency within the bureaucracy.57 Each element has a symbiotic relationship with the other two, and it is
difbcult for those outside the triangle to break into it. The congressional committee members, including the
chair, rely on the interest group for campaign contributions and policy information, while the interest group
needs the committee to consider laws favorable to its view. The interest group and the committee need the
agency to implement the law, while the agency needs the interest group for information and the committee for
funding and autonomy in implementing the law.58
An alternate explanation of the arrangement of duties carried out in a given policy area by interest groups,
legislators, and agency bureaucrats is that these actors are the experts in that given policy area. Hence,
perhaps they are the ones most qualibed to process policy in the given area. Some view the iron triangle idea
as outdated. Hugh Heclo of George Mason University has sketched a more open pattern he calls an issue
network that includes a number of different interests and political actors that work together in support of a
single issue or policy.59
Some interest group scholars have studied the relationship among a multitude of interest groups and political
actors, including former elected ofbcials, the way some interests form coalitions with other interests, and the
way they compete for access to decision-makers.60 Some coalitions are long-standing, while others are
temporary. Joining coalitions does come with a cost, because it can dilute preferences and split potential
benebts that the groups attempt to accrue. Some interest groups will even align themselves with opposing
interests if the alliance will achieve their goals. For example, left-leaning groups might oppose a state lottery
system because it disproportionately hurts the poor (who participate in this form of gambling at higher rates),
while right-leaning groups might oppose it because they view gambling as a sinful activity. These opposing
groups might actually join forces in an attempt to defeat the lottery.
While most scholars agree that some interests do have advantages, others have questioned the overwhelming
dominance of certain interests. Additionally, neopluralist scholars argue that certainly some interests are in a
privileged position, but these interests do not always get what they want.61 Instead, their incuence depends on
a number of factors in the political environment such as public opinion, political culture, competition for
access, and the relevance of the issue. Even wealthy interests do not always win if their position is at odds with
the wish of an attentive public. And if the public cares about the issue, politicians may be reluctant to defy their
constituents. If a prominent manufacturing brm wants fewer regulations on environmental pollutants, and
environmental protection is a salient issue to the public, the manufacturing brm may not win in every
exchange, despite its resource advantage. We also know that when interests mobilize, opposing interests often
counter-mobilize, which can reduce advantages of some interests. Thus, the conclusion that businesses, the
wealthy, and elites win in every situation is overstated.62
A good example is the recent dispute between fast food chains and their employees. During the spring of 2015,
workers at McDonald’s restaurants across the country went on strike and marched in protest of the low wages
the fast food giant paid its employees. Despite the opposition of restaurant chains and claims by the National
Restaurant Association that increasing the minimum wage would result in the loss of jobs, in September 2015,
the state of New York raised the minimum wage for fast food employees to $15 per hour, an amount to be
phased in over time. Buoyed by this success, fast food workers in other cities continued to campaign for a pay
increase, and many low-paid workers have promised to vote for politicians who plan to boost the federal
minimum wage.63 While the goal of a nationwide $15 minimum wage has not yet been realized, two
developments demonstrate signibcant progress in that direction. First, since 2014, twenty-eight states and the
District of Columbia have raised their state-level minimum wage above the federal level, as have forty-bve
cities. Second, in April 2021, President Biden issued an executive order to raise the minimum wage of federal
contractors to $15 per hour.64
LINK TO LEARNING
Visit the websites for the California (https://openstax.org/l/29callobbying) or Michigan (https://openstax.org/l/
29michgovweb) secretary of state, state boards of elections, or relevant governmental entity
(https://openstax.org/l/29txethics) and ethics (https:/openstax.org/l/29alabethics) websites where lobbyists
and interest groups must register. Several examples are provided but feel free to examine the comparable web
page in your own state. Spend some time looking over the lists of interest groups registered in these states. Do
the registered interests appear to recect the important interests within the states? Are there patterns in the
types of interests registered? Are certain interests over- or underrepresented?
Many people criticize the huge amounts of money spent in politics. Some argue that interest groups have too
much incuence on who wins elections, while others suggest incuence is also problematic when interests try to
sway politicians in ofbce. There is little doubt that interest groups often try to achieve their objectives by
incuencing elections and politicians, but discovering whether they have succeeded in changing minds is
actually challenging because they tend to support those who already agree with them.
INFLUENCE IN ELECTIONS
Interest groups support candidates who are sympathetic to their views in hopes of gaining access to them once
they are in ofbce.65 For example, an organization like the NRA will back candidates who support Second
Amendment rights. Both the NRA and the Brady: United Against Gun Violence (an interest group that favors
background checks for brearm purchases) have grading systems that evaluate candidates and states based on
360 10 • Interest Groups and Lobbying
their records of supporting these organizations.66 To garner the support of the NRA, candidates must receive
an A+ rating for the group. In much the same way, Americans for Democratic Action, a liberal interest group,
and the American Conservative Union, a conservative interest group, both rate politicians based on their
voting records on issues these organizations view as important.67
These ratings, and those of many other groups, are useful for interests and the public in deciding which
candidates to support and which to oppose. Incumbents have electoral advantages in terms of name
recognition, experience, and fundraising abilities, and they often receive support because interest groups want
access to the candidate who is likely to win. Some interest groups will offer support to the challenger,
particularly if the challenger better aligns with the interest’s views or the incumbent is vulnerable. Sometimes,
interest groups even hedge their bets and give to both major party candidates for a particular ofbce in the
hopes of having access regardless of who wins.
Some interests groups form political action committees (PACs), groups that collect funds from donors and
distribute them to candidates who support their issues. As Figure 10.13 makes apparent, many large
corporations like Honeywell International, AT&T, and Lockheed Martin form PACs to distribute money to
candidates.68 Other PACs are either politically or ideologically oriented. For example, the MoveOn.org PAC is a
progressive group that formed following the impeachment trial of President Bill Clinton, whereas GOPAC is a
Republican PAC that promotes state and local candidates of that party. PACs are limited in the amount of
money that they can contribute to individual candidates or to national party organizations; they can contribute
no more than $5,000 per candidate per election and no more than $15,000 a year to a national political party.
Individual contributions to PACs are also limited to $5,000 a year.
FIGURE 10.13 Corporations and associations spend large amounts of money on elections via afZliated PACs. This
chart reveals the amount donated to Democratic (blue) and Republican (red) candidates by the twelve ten PACs
during the most recent election cycle.
PACs through which corporations and unions can spend virtually unlimited amounts of money on behalf of
political candidates are called super PACs.69 As a result of a 2010 Supreme Court decision, Citizens United v.
Federal Election Commission, there is no limit to how much money unions or corporations can donate to super
PACs. Unlike PACs, however, super PACs cannot contribute money directly to individual candidates. If the 2014
elections were any indication, super PACs will continue to spend large sums of money in an attempt to
incuence future election results.
(and their staff members) rely on interest groups and lobbyists to provide them with information about the
technical details of policy proposals, as well as about fellow lawmakers’ stands and constituents’ perceptions.
These voting cues give lawmakers an indication of how to vote on issues, particularly those with which they
are unfamiliar. But lawmakers also rely on lobbyists for information about ideas they can champion and that
will benebt them when they run for reelection.70 While voting cues on legislation remain an important
pathway of incuence, interest groups and their lobbyists can be especially effective in legislative agenda-
setting, namely in drafting legislation for lawmakers. While the practice of bill outlines being provided to
legislators by interest group lobbyists is a longstanding practice, a 2019 investigation by USA Today, The
Arizona Republic, and the Center for Public Integrity showed a trend of entire sections of bills written word-
for-word based on lobbyist materials.71
Interest groups likely cannot target all 535 lawmakers in both the House and the Senate, nor would they wish
to do so. There is little reason for the Brady: United Against Gun Violence to lobby members of Congress who
vehemently oppose any restrictions on gun access. Instead, the organization will often contact lawmakers who
are amenable to some restrictions on access to brearms. Thus, interest groups brst target lawmakers they
think will consider introducing or sponsoring legislation.
Second, they target members of relevant committees.72 If a company that makes weapons systems wants to
incuence a defense bill, it will lobby members of the Armed Services Committees in the House and the Senate
or the House and Senate appropriations committees if the bill requires new funding. Many members of these
committees represent congressional districts with military bases, so they often sponsor or champion bills that
allow them to promote policies popular with their districts or state. Interest groups attempt to use this to their
advantage. But they also conduct strategic targeting because legislatures function by respectfully considering
fellow lawmakers’ positions. Since lawmakers cannot possess expertise on every issue, they defer to their
trusted colleagues on issues with which they are unfamiliar. So targeting committee members also allows the
lobbyist to inform other lawmakers indirectly.
Third, interest groups target lawmakers when legislation is on the coor of the House and/or Senate, but again,
they rely on the fact that many members will defer to their colleagues who are more familiar with a given issue.
Finally, since legislation must past both chambers in identical form, interest groups may target members of
the conference committees whose job it is to iron out differences across the chambers. At this negotiation
stage, a 1 percent difference in, say, the corporate income tax rate could mean millions of dollars in increased
or decreased revenue or taxation for various interests.
Interest groups also target the budgetary process in order to maximize benebts to their group. In some cases,
their aim is to incuence the portion of the budget allocated to a given policy, program, or policy area. For
example, interests for groups that represent the poor may lobby for additional appropriations for various
welfare programs; those interests opposed to government assistance to the poor may lobby for reduced
funding to certain programs. It is likely that the legislative liaison for your university or college spends time
trying to advocate for budgetary allocations in your state.
Interest groups also try to defeat legislation that may be detrimental to their views. For example, when
Congress considers legislation to improve air quality, it is not unusual for some industries to oppose it if it
requires additional regulations on factory emissions. In some cases, proposed legislation may serve as a
disturbance, resulting in group formation or mobilization to help defeat the bill. For example, a proposed tax
increase may result in the formation or mobilization of anti-tax groups that will lobby the legislature and try to
encourage the public to oppose the proposed legislation. Prior to the election in 2012, political activist Grover
Norquist, the founder of Americans for Tax Reform (ATR), asked all Republican members of Congress to sign a
“Taxpayer Protection Pledge” that they would bght efforts to raise taxes or to eliminate any deductions that
were not accompanied by tax cuts. Ninety-bve percent of the Republicans in Congress signed the pledge.73
Some interests arise solely to defeat legislation and go dormant after they achieve their immediate objectives.
Once legislation has been passed, interest groups may target the executive branch of government, whose job is
362 10 • Interest Groups and Lobbying
to implement the law. The U.S. Department of Veterans Affairs has some leeway in providing care for military
veterans, and interests representing veterans’ needs may pressure this department to address their concerns
or issues. Other entities within the executive branch, like the Securities and Exchange Commission, which
maintains and regulates bnancial markets, are not designed to be responsive to the interests they regulate,
because to make such a response would be a concict of interest. Interest groups may lobby the executive
branch on executive, judicial, and other appointments that require Senate conbrmation. As a result, interest
group members may be appointed to positions in which they can incuence proposed regulation of the industry
of which they are a part.
In addition to lobbying the legislative and executive branches of government, many interest groups also lobby
the judicial branch. Lobbying the judiciary takes two forms, the brst of which was mentioned above. This is
lobbying the executive branch about judicial appointments the president makes and lobbying the Senate to
conbrm these appointments. The second form of lobbying consists of bling amicus briefs, which are also
known as “friend of the court” briefs. These documents present legal arguments stating why a given court
should take a case and/or why a court should rule a certain way. In Obergefell v. Hodges (2015), the Supreme
Court case that legalized same-sex marriage nationwide, numerous interest groups bled amicus briefs.74 For
example, the Human Rights Campaign, shown demonstrating in Figure 10.14, bled a brief arguing that the
Fourteenth Amendment’s due process and equal protection clauses required that same-sex couples be
afforded the same rights to marry as opposite-sex couples. In a 5–4 decision, the U.S. Supreme Court agreed.
FIGURE 10.14 Members of the Human Rights Campaign, an interest that supports LGBTQ rights, march toward the
Supreme Court on June 26, 2015, the day that the Obergefell v. Hodges decision is announced. (credit: modiZcation
of work by Matt Popovich)
LINK TO LEARNING
The briefs submitted in Obergefell v. Hodges are available on the website (https://openstax.org/l/
29scotusobvhod) of the U.S. Supreme Court. What arguments did the authors of these briefs make, other than
those mentioned in this chapter, in favor of Obergefell’s position?
Measuring the effect of interest groups’ incuence is somewhat difbcult because lobbyists support lawmakers
who would likely have supported them in the brst place. Thus, National Right to Life, an anti-abortion interest
group, does not generally lobby lawmakers who favor abortion rights; instead, it supports lawmakers and
candidates who have professed “pro-life” positions. While some scholars note that lobbyists sometimes try to
incuence those on the fence or even their enemies, most of the time, they support like-minded individuals.
Thus, contributions are unlikely to sway lawmakers to change their views; what they do buy is access,
including time with lawmakers. The problem for those trying to assess whether interest groups incuence
lawmakers, then, is that we are uncertain what would happen in the absence of interest group contributions.
For example, we can only speculate what the ACA might have looked like had lobbyists from a host of interests
not lobbied on the issue.
LINK TO LEARNING
Examine websites for the American Conservative Union (https://openstax.org/l/29amerconuni) and Americans
for Democratic Action (https://openstax.org/l/29amerdemact) that compile legislative ratings and voting
records. On what issues do these organizations choose to take positions? Where do your representatives and
senators rank according to these groups? Are these rankings surprising?
How are lobbying and interest group activity regulated? As we noted earlier in the chapter, James Madison
viewed factions as a necessary evil and thought preventing people from joining together would be worse than
any ills groups might cause. The First Amendment guarantees, among other things, freedom of speech,
petition, and assembly. However, people have different views on how far this freedom extends. For example,
should freedom of speech as afforded to individuals in the U.S. Constitution also apply to corporations and
unions? To what extent can and should government restrict the activities of lobbyists and lawmakers, limiting
who may lobby and how they may do it?
In addition to free speech rights, the First Amendment grants people the right to assemble. We saw above that
pluralists even argued that assembling in groups is natural and that people will gravitate toward others with
similar views. Most people acknowledge the right of others to assemble to voice unpopular positions, but this
was not always the case. At various times, groups representing racial and religious minorities, communists,
and members of the LGBTQ community have had their First Amendment rights to speech and assembly
curtailed. And as noted above, organizations like the ACLU support free speech rights regardless of whether
the speech is popular.
Today, the debate about interest groups often revolves around whether the First Amendment protects the
rights of individuals and groups to give money, and whether government can regulate the use of this money. In
1971, the Federal Election Campaign Act was passed, setting limits on how much presidential and vice-
presidential candidates and their families could donate to their own campaigns.75 The law also allowed
corporations and unions to form PACs and required public disclosure of campaign contributions and their
sources. In 1974, the act was amended in an attempt to limit the amount of money spent on congressional
campaigns. The amended law banned the transfer of union, corporate, and trade association money to parties
for distribution to campaigns.
In Buckley v. Valeo (1976), the Supreme Court upheld Congress’s right to regulate elections by restricting
contributions to campaigns and candidates. However, at the same time, it overturned restrictions on
expenditures by candidates and their families, as well as total expenditures by campaigns.76 In 1979, an
exemption was granted to get-out-the vote and grassroots voter registration drives, creating what has become
known as the soft-money loophole; soft money was a way in which interests could spend money on behalf of
candidates without being restricted by federal law. To close this loophole, Senators John McCain and Russell
Feingold sponsored the Bipartisan Campaign Reform Act in 2002 to ban parties from collecting and
distributing unregulated money.
364 10 • Interest Groups and Lobbying
Some continued to argue that campaign expenditures are a form of speech, a position with which two recent
Supreme Court decisions are consistent. The Citizens United v. Federal Election Commission77 and the
McCutcheon v. Federal Election Commission78 cases opened the door for a substantially greater cow of money
into elections. Citizens United overturned the soft money ban of the Bipartisan Campaign Reform Act and
allowed corporations and unions to spend unlimited amounts of money on elections. Essentially, the Supreme
Court argued in a 5–4 decision that these entities had free speech rights, much like individuals, and that free
speech included campaign spending. The McCutcheon decision further extended spending allowances based
on the First Amendment by striking down aggregate contribution limits. These limits put caps on the total
contributions allowed and some say have contributed to a subsequent increase in groups and lobbying
activities (Figure 10.15).
FIGURE 10.15 With his Harper’s Weekly cartoon of William “Boss” Tweed with a moneybag for a head, Thomas
Nast provided an enduring image of the corrupting power of money on politics. Some denounce “fat cat” lobbyists
and the effects of large sums of money in lobbying, while others suggest that interests have every right to spend
money to achieve their objectives.
LINK TO LEARNING
Read about the rights (https://openstax.org/l/29nprcorprig) that corporations share with people.
INSIDER PERSPECTIVE
2018 midterms and 2020 general election were $12.1 million and $14.6 million, respectively.79 80 Critics have
accused them and other wealthy donors of attempting to buy elections. However, others point out that their
activities are legal according to current campaign Znance laws and recent Supreme Court decisions, and that
these individuals, their companies, and their afZliates should be able to spend what they want politically. As you
might expect, there are wealthy donors on both the political left and the right who will continue to spend money
on U.S. elections. Some critics have called for a constitutional amendment restricting spending that would
overturn recent Supreme Court decisions.81
Do you agree, as some have argued, that the Constitution protects the ability to donate unlimited amounts of
money to political candidates as a First Amendment right? Is spending money a form of exercising free speech?
If so, does a PAC have this right? Why or why not?
Second, the federal and state governments prohibit certain activities like providing gifts to lawmakers and
compensating lobbyists with commissions for successful lobbying. Many activities are prohibited to prevent
accusations of vote buying or currying favor with lawmakers. Some states, for example, have strict limits on
how much money lobbyists can spend on lobbying lawmakers, or on the value of gifts lawmakers can accept
from lobbyists. According to the Honest Leadership and Open Government Act, lobbyists must certify that they
have not violated the law regarding gift giving, and the penalty for knowingly violating the law increased from a
bne of $50,000 to one of $200,000. Also, revolving door laws also prevent lawmakers from lobbying
government immediately after leaving public ofbce. Members of the House of Representatives cannot register
to lobby for a year after they leave ofbce, while senators have a two-year “cooling off” period before they can
ofbcially lobby. Former cabinet secretaries must wait the same period of time after leaving their positions
before lobbying the department of which they had been the head. These laws are designed to restrict former
lawmakers from using their connections in government to give them an advantage when lobbying. Still, many
former lawmakers do become lobbyists, including former Senate majority leader Trent Lott and former House
minority leader Richard Gephardt.
Third, governments require varying levels of disclosure about the amount of money spent on lobbying efforts.
The logic here is that lawmakers will think twice about accepting money from controversial donors. The other
advantage to disclosure requirements is that they promote transparency. Many have argued that the public has
a right to know where candidates get their money. Candidates may be reluctant to accept contributions from
donors afbliated with unpopular interests such as hate groups. This was one of the key purposes of the
Lobbying Disclosure Act and comparable laws at the state level.
Finally, there are penalties for violating the law. Lobbyists and, in some cases, government ofbcials can be
bned, banned from lobbying, or even sentenced to prison. While state and federal laws spell out what activities
are legal and illegal, the attorneys general and prosecutors responsible for enforcing lobbying regulations may
366 10 • Interest Groups and Lobbying
be understaffed, have limited budgets, or face backlogs of work, making it difbcult for them to investigate or
prosecute alleged transgressions. While most lobbyists do comply with the law, exactly how the laws alter
behavior is not completely understood. We know the laws prevent lobbyists from engaging in certain
behaviors, such as by limiting campaign contributions or preventing the provision of certain gifts to
lawmakers, but how they alter lobbyists’ strategies and tactics remains unclear.
The need to strictly regulate the actions of lobbyists became especially relevant after the activities of lobbyist
Jack Abramoff were brought to light (Figure 10.16). A prominent lobbyist with ties to many of the Republican
members of Congress, Abramoff used funds provided by his clients to fund reelection campaigns, pay for trips,
and hire the spouses of members of Congress. Between 1994 and 2001, Abramoff, who then worked as a
lobbyist for a prominent law brm, paid for eighty-bve members of Congress to travel to the Northern Mariana
Islands, a U.S. territory in the Pacibc. The territory’s government was a client of the brm for which he worked.
At the time, Abramoff was lobbying Congress to exempt the Northern Mariana Islands from paying the federal
minimum wage and to allow the territory to continue to operate sweatshops in which people worked in
deplorable conditions. In 2000, while representing Native American casino interests who sought to defeat anti-
gambling legislation, Abramoff paid for a trip to Scotland for Tom DeLay, the majority whip in the House of
Representatives, and an aide. Shortly thereafter, DeLay helped to defeat anti-gambling legislation in the House.
He also hired DeLay’s wife Christine to research the favorite charity of each member of Congress and paid her
$115,000 for her efforts.85 In 2008, Jack Abramoff was sentenced to four years in prison for tax evasion, fraud,
and corruption of public ofbcials.86 He was released early, in December 2010.
FIGURE 10.16 Jack Abramoff (center) began his lifetime engagement in politics with his involvement in the 1980
presidential campaign of Ronald Reagan (left) while an undergraduate at Brandeis University and continued it with
his election to chair of the College Republican National Committee in a campaign managed by Grover Norquist
(right). Abramoff thus gained unique access to influential politicians, upon which he capitalized in his later work as a
DC lobbyist. Since his release from federal prison in 2010 after being convicted for illegal lobbying activity, Abramoff
has become an outspoken critic of the lobbying industry.87
Lobbying of U.S. governmental institutions by interest groups takes place across a variety of branches and at
many levels of government. Furthermore, attempts at incuence through lobbying take place on topics of
domestic policy as well as foreign policy. In the latter area, as U.S. institutions take up U.S. policies that may
affect people in other countries, it is not surprising that we see lobbying of the U.S. government by
representatives of these foreign interests. These individuals face the same requirements as domestic lobbyists
under the Lobby Disclosure Act. Moreover, they are required to register as foreign agents under the Foreign
Agents Registration Act. Despite these requirements, some have raised concerns about the dangers of foreign
incuence, as enforcement of these disclosure requirements can be tough. Others argue that freedom of speech
and assembly applies to all, not just to U.S. citizens.88 89 90
Key Terms
association groups of companies or institutions that organize around a common set of concerns, often
within a given industry or trade
astroturf movement a political movement that resembles a grassroots movement but is often supported or
facilitated by wealthy interests and/or elites
Citizens United Citizens United v. Federal Election Commission was a 2010 Supreme Court case that
granted corporations and unions the right to spend unlimited amounts of money on elections
collective good a good such as public safety or clean air, often produced by government, that is generally
available to the population as a whole
contract lobbyist a lobbyist who works for a contract lobbying brm that represents clients before
government
disturbance theory the theory that an external event can lead to interest group mobilization
efGcacy the belief that you make a difference and that government cares about you and your views
elite critique the proposition that wealthy and elite interests are advantaged over those without resources
fragmentation the result when a large interest group develops diverging needs
free rider problem the situation that occurs when some individuals receive benebts (get a free ride)
without helping to bear the cost
grassroots movement a political movement that often begins from the bottom up, inspired by average
citizens concerned about a given issue
in-house lobbyist an employee or executive within an organization who works as a lobbyist on behalf of the
organization
inside lobbying the act of contacting and taking the organization’s message directly to lawmakers in an
attempt to incuence policy
iron triangle three-way relationship among congressional committees, interests groups, and the
bureaucracy
issue network a group of interest groups and people who work together to support a particular issue or
policy
legislative liaison a person employed by a governmental entity such as a local government, executive
department, or university to represent the organization before the legislature
lobbyist a person who represents an organization before government in an attempt to incuence policy
material incentives substantive monetary or physical benebts given to group members to help overcome
collective action problems
membership organization an interest group that usually consists of dues-paying members who organize
around a particular cause or issue
neopluralist a person who suggests that all groups’ access and incuence depend on the political
environment
outside lobbying the act of lobbying indirectly by taking the organization’s message to the public, often
through the use of the media and/or by issue press releases, in hopes that the public will then put pressure
on lawmakers
particularized beneGt a benebt that generally accrues to a narrow segment of society
pluralist a person who believes many groups healthily compete for access to decision-makers
public interest group an interest group that seeks a public good, which is something that accrues to all
purposive incentives benebts to overcome collective action problems that appeal to people’s support of the
issue or cause
revolving door laws laws that require a cooling-off period before government ofbcials can register to lobby
after leaving ofbce
soft money money that interests can spend on behalf of candidates without being restricted by federal law
solidary incentives benebts based on the concept that people like to associate with those who are similar to
them
368 10 • Summary
voting cues sources—including fellow lawmakers, constituents, and interest groups—that lawmakers often
use to help them decide how to vote, especially on unfamiliar issues
Summary
10.1 Interest Groups Defined
Some interest groups represent a broad set of interests, while others focus on only a single issue. Some
interests are organizations, like businesses, corporations, or governments, which register to lobby, typically to
obtain some benebt from the legislature. Other interest groups consist of dues-paying members who join a
group, usually voluntarily. Some organizations band together, often joining trade associations that represent
their industry or beld. Interest groups represent either the public interest or private interests. Private interests
often lobby government for particularized benebts, which are narrowly distributed. These benebts usually
accrue to wealthier members of society. Public interests, on the other hand, try to represent a broad segment
of society or even all persons.
Some scholars assume that groups will compete for access to decision-makers and that most groups have the
potential to be heard. Critics suggest that some groups are advantaged by their access to economic resources.
Yet others acknowledge these resource advantages but suggest that the political environment is equally
important in determining who gets heard.
are also prohibited from undertaking certain activities and are required to disclose their lobbying activities.
Violation of the law can, and sometimes does, result in prison sentences for lobbyists and lawmakers alike.
Review Questions
1. Someone who lobbies on behalf of their employer as part of their job is ________.
a. an in-house lobbyist
b. a volunteer lobbyist
c. a contract lobbyist
d. a legislative liaison
4. What benebts do private and public interests bring to society? What are some disadvantages of private and
public interests?
8. Why do some groups have an easier time overcoming collective action problems?
9. What changes have occurred in the lobbying environment over the past three or four decades?
a. There is more professional lobbying.
b. Many interests lobby both the national government and the states.
c. A fragmentation of interests has taken place.
d. all the above
370 10 • Critical Thinking Questions
12. Why don’t lower-income groups participate more in the interest group system?
17. How do interest groups and their lobbyists decide which lawmakers to lobby? And where do they do so?
22. Are interest groups good or bad for democracy? Defend and explain your answer.
24. How do collective action problems serve as barriers to group formation, mobilization, and maintenance?
If you were a group leader, how might you try to overcome these problems?
25. Is it possible to balance the pursuit of private goods with the need to promote the public good? Is this
balance a desired goal? Why or why not?
26. How representative are interest groups in the United States? Do you agree that “all active and legitimate
groups have the potential to make themselves heard?” Or is this potential an illusion? Explain your
answer.
27. Evaluate the Citizens United decision. Why might the Court have considered campaign contributions a
form of speech? Would the Founders have agreed with this decision? Why or why not?
28. How do we regulate interest groups and lobbying activity? What are the goals of these regulations? Do you
think these regulations achieve their objectives? Why or why not? If you could alter the way we regulate
interest group activity and lobbying, how might you do so in a way consistent with the Constitution and
recent Supreme Court decisions?
Baumgartner, Frank R., et al. 2009. Lobbying and Policy Change. Chicago: University of Chicago Press.
Clark, Peter B., and James Q. Wilson, “Incentive Systems: A Theory of Organizations,” Administration Science
Quarterly 6 (1961): 129–166.
Dahl, Robert A. 1956. A Preface to Democratic Theory. Chicago: University of Chicago Press.
Dahl, Robert A. 1961. Who Governs? Democracy and Power in an American City. New Haven, CT: Yale
University Press.
Lindblom, Charles E. 1977. Politics and Markets: The World’s Political-Economic Systems. New York: Basic
Books.
Olson, Mancur. 1965. The Logic of Collective Action. Cambridge: Harvard University Press.
Rosenstone, Steven J. and John Mark Hansen. 1993. Mobilization, Participation and Democracy in America.
New York: Macmillan.
Salisbury, Robert, “An Exchange Theory of Interest Groups,” Midwest Journal of Political Science 13 (1969):
1–32.
Schattschneider, E. E. 1960. The Semisovereign People: A Realist’s View of Democracy in America. New York:
Holt, Rinehart and Winston.
Truman, David. 1951. The Governmental Process. New York: Alfred A. Knopf, chapter 4.
Wright, John R. 1996. Interest Groups and Congress: Lobbying, Contributions, and Incuence. Needham
Heights, MA: Allyn and Bacon.
372 10 • Suggestions for Further Study