Columbia University made history last week when it became the first U.S. university to divest its endowment from the private prison industry. A student-led activist campaign has put pressure on the Board of Trustees to divest since early 2014 when a small group of Columbia students discovered that the school was investing in G4S, the world’s largest private security firm, and the Corrections Corporation of America (CCA), the largest private prison company in the United States. After a vote last week, Columbia’s $9 billion endowment will now be void of its shares in CCA and its estimated 220,000 shares in G4S. Divesting from an industry that makes its money by breeding human suffering is a move that should be loudly applauded.

The divestment vote occurred within the larger discussion of mass incarceration and the tribulations that stem from the systemic injustices that American prisons propagate. While local jails and state and federal prisons all seem to value a punitive rather than rehabilitative approach, private prisons are by far the cruelest. There is an inherent conflict between the supposed goal of the criminal justice system–rehabilitation–and companies’ profit motives. For-profit, private prisons make up a multibillion-dollar per year industry. The U.S. Department of Justice reports that as of 2013, there were 133,000 prisoners in private prisons, or 8.4 percent of the U.S. prison population. These numbers break down to 19.1 percent of the federal prison population being detained in privately owned prisons, and 6.8 percent of the state prison population.

Since 1990, violent crime in America has dropped 51 percent, property crime has fallen 43 percent, and homicides are down 54 percent. But incarceration rates since 1990 have increased by 50 percent. If crime is down, why do we have so many more people in prison? Due to the war on drugs and the increase of harsher sentencing laws, more low-level and non-violent offenders are sent to prison. Almost half of state prisoners are serving time for non-violent crimes, and more than half of federal inmates are imprisoned for drug offenses. Nobel laureate economist Joseph Stiglitz wrote, “This prodigious rate of incarceration is not only inhumane, it is economic folly.” The United States has 5 percent of the world’s population but 25 percent of the world’s prison population. We incarcerate a greater percentage of our population than any other country on Earth, and our compulsion to incarcerate costs taxpayers $63.4 billon per year.

The overcrowding of jails and prisons across the country and a reluctance to adequately finance these correctional facilities precipitated the movement toward private prisons, which proponents claimed could result in overall prison cost reductions of 20 percent. However, allowing the facilities to be operated by the private sector has resulted in a meager 1 percent cost decrease. With crime rates on the decline, private prisons began doing everything they could to increase imprisonment rates so that they could stay in business and continue to make money. From 2002 to 2012, CCA, GEO Group, and Management & Training Corporation (MTC), a contractor that manages private prisons, spent around 45 million dollars lobbying state and federal governments, arguing for harsher laws and more arrests. These corporations also poured hundreds of thousands of dollars into the election campaigns of governors, state legislators, and judges in order to ensure that their plans become laws that guarantee more people will be incarcerated, so they can continue to make money.

Some people try to justify this system with the thought that people who are in prison are there for a reason. But this wishful thinking is untrue. About 50 percent of immigrants who are in prison are detained in privately owned prisons, and the majority of these people are simply being detained while waiting for their cases to be decided in court. In other words, immigrants who have not been convicted of any crime are being housed in violent, corrupt, dangerous private prisons while they wait for months for courts—that are often illegally being paid off by corrupt companies like CCA to keep people in prison—to decide their fate. The private prison industry has an incentive to keep people in jail. If their business plans included imprisoning to rehabilitate and treating people for mental health or drug addiction issues that may have contributed to their arrests, the industry would collapse. Instead, private prisons are rampant with abuse, neglect, and misconduct; private prisons understaff their facilities to save money, ignore pleas for help and prisoner-on-prisoner violence within the prison, and even refuse healthcare to inmates. In order to make the most profit, the private prison industry wants harsher drug laws, longer sentencing, and wants to increase recidivism rates.

In New York, about $60,000 of government money is spent per year to keep just one inmate imprisoned, while just under $20,000 is spent to educate an elementary or secondary school student. This trend extends nationally: no state in the country invests more—or even an equal amount—on educating an individual student than on housing a prisoner. Maybe if we relaxed drug laws and unreasonable sentencing, focused more on rehabilitation than punishment, did not allow prejudiced and ill-intentioned companies like CCA to spend millions on lobbyists, and we invested more on education than on our corrupt criminal justice system, the United States would be a happier, healthier place.

Columbia University’s divestment from the private prison industry will not solve the issue of mass incarceration. It will not redesign the broken system that we call criminal “justice” in America. It won’t even put CCA or G4S out of business or make a sizeable dent in their net worth. But what divestment will do is beyond economic comprehension. Refusing to reap benefits from companies founded upon violence forced on people by virtue of their race, class, or citizenship status is a social stance that proves a complete rejection of everything private prisons stand for. When you stop investing in something, you’ve stopped believing in it. And no one should believe in the private prison industry.

Emily Dalgo

Emily Dalgo is a member of the American University Class of 2017 and a Law Street Media Fellow during the Summer of 2015. Contact Emily at staff@LawStreetMedia.com.

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For some, the term “lobbying” evokes the thought of fat cat plutocrats piping money into Congress to keep their interests and deep pockets protected. But while voting is the most fundamental aspect of a democracy, lobbying–for better or worse–is one of the most direct ways to influence policy making. Read on to learn about the lobbying system in the United States, as well as the benefits and negative effects of this system.

What is lobbying?

Lobbying is a right protected by the First Amendment of the U.S. Constitution, and ultimately allows citizens to shape legislators’ decisions. U.S. citizens have the right to petition, free speech, and freedom of the press, so when citizens want to influence government policy, they are constitutionally protected.

Those who hire lobbyists are usually called special interest groups–groups of people who use advocacy to influence policy and public opinion.

Types of Lobbying

There are two core types of lobbying: inside and outside. Inside lobbying occurs when individuals contact their legislators directly, mostly through phone calls and letters. Outside lobbying is when citizens or interest groups form campaigns or organizations to influence public opinion or to pressure policymakers.

Types of Lobbyists 

While lobbying by businesses that see a particular benefit in swaying our lawmakers is very common, there are other motivations for lobbying as well. Unions, for example, also lobby for issues pertaining to taxes, workers’ rights, and the minimum wage, just to name a few.

Religious lobbying is another good example. The head of a church or religious organization might lobby Congress to denounce a bill that would not fit the view of the congregation. The number of religious lobbying organizations has increased from less than 40 in 1970 to more than 200 in 2012. Catholic organizations lead the way, making up 19 percent of all religious lobbying groups. So, lobbying isn’t just about the money, it can take the form of moral or personal interests as well.

Lobbying is not only popular on the federal level, but also at the state level. A 2006 survey by the Center for Public Integrity reported that there were 40,000 paid lobbyists working with state legislatures, with that number expected to rise. Other lobbying efforts are even more local. Trying to persuade a city council to halt something like a construction project to preserve wildlife is another common example of lobbying.

When is the best time for lobbying efforts?

Lobbying is most common weeks before a bill is set to be voted on, when proponents of the bill gather to discuss how they will go about presenting the initiative. Another common time to see lobbyists is during election season. This time is crucial as lobbyists can put more pressure on members of Congress to please their constituents and recognize the immediate effect of voting against their constituents’ opinions.

Show Me the Money: Lobbyists and Spending

The amount of money spent on lobbying since the late 1990s has increased dramatically, despite fluctuations in the number of lobbyists. According to the Center for Responsive Politics’ Open Secrets, in 1998 there were 10,405 individual lobbyists and lobbying spending totaled $1.45 billion. In 2010 there were 12,948 lobbyists, and spending totaled a high of $3.52 billion. This means that there was a 24 percent increase in lobbyists, and a staggering 143 percent increase in total spending. Fewer lobbyists are representing more wealthy interest groups.

While the fundamental practice of lobbying is notifying members of the legislative branch of the positive and/or negative consequences of their decisions, this simple practice is made complicated by companies and organizations that spend millions of dollars per year to convince members of Congress to vote for policies that positively benefit their businesses. The following list, also compiled by Open Secrets, shows the spending of the largest Congressional lobbyists in the U.S. in 2014.

• U.S. Chamber of Commerce: $124,080,000
• National Association of Realtors: $55,057,053
• Blue Cross/Blue Shield: $21,888,774
• American Hospital Association: $20,773,146
• American Medical Association:  $19,650,000
• National Association of Broadcasters: $18,440,000

According to Open Secrets, $3.24 billion dollars was spent on lobbying Congress and federal agencies in 2014. While that’s not quite as high as the peak in 2010, it doesn’t show signs of slowing down significantly anytime soon.

Regulating Lobbying

The U.S. has very tight restrictions on lobbying, with violations of these restrictions punishable by jail time or fines. These punishments can sometimes take very severe and costly forms. For example, the Sacramento Bee reported in 2014 that the California Correctional Peace Officers Association was hit with a $5,500 fine for failing to disclose $24,603.50 in gifts to state representatives. In another case, documented by the Los Angeles Times, a lobbyist was fined $133,500, the highest lobbying fine ever, for making illegal campaign donations to 40 California politicians.

The Lobbying and Disclosure Act of 1995 was a major piece of legislation that attempted to regulate and hold lobbyists accountable. While this law helped bring transparency to lobbyists, there were many loopholes, such as the fact that small grassroots lobbying groups whose “activities constitute less than 20 percent of the time engaged in services” were not regulated. Due to the many loopholes in the original law, parts of the Lobbying Disclosure Act of 1995 were amended into the Honest Leadership and Open Government Act of 2007. The law gives very specific guidelines for Congressional lobbying, and prohibits activities such as bribery.

Lobbying Disclosure Act 

Here is a portion of Section 6 of the act:

Section 6 of the Lobbying Disclosure Act (LDA), 2 U.S.C. § 1605, provides that: The Secretary of the Senate and the Clerk of the House of Representatives shall (1) provide guidance and assistance on the registration and reporting requirements of this Act and develop common standards, rules, and procedures for compliance with this Act; [and] (2) review, and, where necessary, verify and inquire to ensure the accuracy, completeness, and timeliness of registrations and reports.

Essentially, this portion works to guarantee the transparency and accountability of lobbyists and the officials they lobby.

Other provisions of the law include that lobbyists are required to register with the Clerk of the House of Representatives and the Secretary of the Senate. In addition, Cabinet Secretaries and other senior executive personnel are prohibited from lobbying the department or agency in which they worked for two years after they leave their position.

Some of the law also regulates interactions between lobbyists and officials. Lobbyists are prohibited from providing gifts, including travel, to members of Congress with the intent of violating House or Senate rules. The law also requires that lobbyist disclosures be filed electronically in both the Senate and House, and mandated the creation of a publicly searchable Internet database of such disclosures. It also prohibits officials from attending parties held in their honor at national party conventions if they have been sponsored by lobbyists, unless the member is the party’s presidential or vice presidential nominee.

How do the American people feel about lobbyists?

While lobbying is an important democratic right, most Americans view lobbyists negatively. A Gallup Poll released in 2013 showed that only six percent of Americans believe lobbyists are honest or have high ethical standards. Further confirming America’s view of lobbyists, seven in ten Americans believe that lobbyists have too much influence in Washington.

Arguments for Lobbying 

Those who support lobbying efforts point out that lobbyists bring to the forefront of the conversation topics that are not in the expertise areas of a politician. For example, a congressman with a background in energy legislation may benefit from more information on foreign affairs topics. Lobbyists also have the opportunity to educate legislators of the opinions of minorities that they may otherwise not learn about. Finally, lobbyists can bring about change directly by influencing the votes of politicians.

Arguments Against Lobbying

Those who disagree with our current lobbying system point to the Citizen’s United Supreme Court case, which allowed unlimited donations to political campaigns. They worry that such a broad decision may give lobbyists more power in negotiating a legislator’s vote. In addition, the pressure of interest groups influences politicians to vote in favor of the interest group, which may not line up with their constituents’ viewpoints. Finally, there’s a consistent fear that lobbyists use bribery and monetary threats to guide government actions.

Conclusion

Lobbying is important to the democratic process as it allows citizens to express their interests and opinions and in turn influence policy making. Second to voting, it may be the most important democratic right. But concerns abound that this right has been used increasingly in recent decades as a way for large corporations and interest groups to pressure politicians into passing legislation that favors their interests. While lobbying remains an important right, popular dissent and distrust means that it often leaves a sour taste in the mouths of many.

Resources

OpenSecrets.org: Lobbying Again on the Downward Slide in 2012

Mother Jones: K Street is Holy Place

Aljazeera America: Lobbying Tapered off in 2014 Amid Congressional Gridlock

Office of the Clerk: Lobbying Disclosure Act Guide

Sacramento Bee: Prison Officers’ Union Accepts Fine for Lobbying Violations

Gallup: Honesty and Ethics Rating of Clergy Slides to New Low

Pew: Lobbying for the Faithful

Center for Public Integrity: State Lobbying Becomes Million-Dollar Business

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Mike Stankiewicz

Mike Stankiewicz came to Washington to follow his dream of becoming a journalist. The native New Yorker studied Broadcast Journalism and Law and Society at American University. In his leisure time he enjoys baseball, hiking, and classic American literature. Contact Mike at staff@LawStreetMedia.com.

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