Posted January 9, 2007 by Meredith McGehee Pay-to-Play ReciprocityA recent article by Washington lobbyist Thomas M. Susman in the Fall 2006 issue of the Administrative Law Review merits being singled out for its clear and insightful explanations spelling out how the lobbying game on Capitol Hill works and why the dangers and pitfalls are endemic to that game. “Lobbying in the 21st Century—Reciprocity and the Need for Reform.” 58 Admin. L. Rev. 737 (2006). Using his own experience as a long-time Washington hand and citing fascinating experiments on “influence” by Professor Robert Cialdini and others, Susman goes right to heart of how lobbyists, under current rules, nurture a normal “feeling of indebtedness” by using the so-called “principle of reciprocity” to their advantage in their efforts to gain a leg up for their clients in the legislative process. Lobbying in the 21st Century at 748. Working from the Cialdini study, Susman notes several aspects of the reciprocity rule including that “[a] person can trigger a feeling of indebtedness by doing us an uninvited favor,” and that “[a] small initial favor can produce a sense of obligation to agree to a substantially larger return favor.” Id. at 748. In one study, it was found that “[f]or those who owed [the assistant] a favor, it made no difference whether they liked him or not; they felt a sense of obligation to repay him, and they did.” Id. at 748. Susman goes on to note that tightening congressional ethics rules on the basis of concern about the perception or appearance of corruption is certainly one justification. But, he says, “[t]hey are only partly right. That congressional fundraising invitations hail opportunities for participants to enjoy world class golf or the Grand Ole Opry suggest that members fully understand that if they offer lobbyists an especially enjoyable experience, they are more likely to get a contribution in return.” Id. at 748. Susman argues that both legislators and the public deserve some defense against the power of the reciprocity principle. His common sense explanation of how the “pay to play” system in Washington works helps take the debate from one in which members of Congress feel they are being singled out and insulted as a lower form of ethical being into the reality of everyday human behavior from which none of us is immune. As the Senate reluctantly takes up ethics and lobby reform legislation, the complete Susman article is worth a read.
The full article is available through Westlaw and LexisNexis. |
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