In this thought-provoking analysis, Thomas Neuburger delves into the pervasive influence of lobbyists in Washington, D.C. When viewed from a broader perspective, it becomes clear that this phenomenon highlights a troubling two-tiered justice system favoring the economic elite over the average citizen. The manipulation of legislation to benefit the wealthy class serves as a stark reflection of a societal structure that prioritizes exploitation and glorifies wealth. As financial interests overshadow democratic principles, we witness a spiraling loss of democratic values across various domains—from workplaces to academic institutions, extending through all levels of government.
On the upside, the rapid and reckless actions of the Trump Accelerationists may ultimately create a brief window for the radical reforms Neuburger envisions—though the hope is for far more than merely expelling lobbyists. However, this change can only be effective if people are not deceived by shallow promises of “hope and change” once again.
By Thomas Neuburger. Originally published at God’s Spies.
Today marks a nostalgic look back. To explore the theme of amending the Constitution without formal changes, I’m sharing the piece below, written in 2015, when political climates were less hostile and Bernie Sanders was considered a formidable candidate for change.
The analysis draws on a Time magazine article by Gary Hart, a progressive Democratic politician from the 1980s. Hart’s presidential hopes in 1988 were derailed by a scandal involving an affair, which some suggest was a conspiracy orchestrated by the notorious Lee Atwater. His piece argues convincingly that lobbying has become a “fourth branch of government.”
Moreover, Hart raises an essential question: What constitutes corruption? This inquiry motivated my original writing. I proposed solutions to U.S. corruption, arriving at a conclusion akin to Hercules’ approach—no less than a metaphorical flood might be necessary to cleanse the system. I still believe this radical approach is essential, and some individuals may witness its fruition.
Below is the original article, condensed and lightly modified from its initial form, published at Howie Klein’s Down With Tyranny. I hope you find it enlightening.
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To begin with, let’s establish two key definitions. The “Augean Stables” refers to the Fifth Labor of Hercules, who was tasked with cleaning stables that had housed 1,000 cattle for 30 years without care. What kind of mess are we discussing?
[T]he livestock were divinely healthy (immortal) and therefore produced an enormous quantity of dung. These stables had not been cleaned in over 30 years, and over 1,000 cattle lived there. However, Heracles succeeded by rerouting the rivers Alpheus and Peneus to wash out the filth.
The second definition concerns corruption itself. Typically, it is regarded as the distortion of processes for monetary gain. However, Hart argues otherwise:
From Plato and Aristotle forward, corruption was meant to describe actions and decisions that put a narrow, special, or personal interest ahead of the interest of the public or commonwealth. Corruption did not have to stoop to money under the table, vote buying, or even renting out the Lincoln bedroom. In the governing of a republic, corruption was self-interest placed above the interest of all—the public interest.
Thus, corruption can be understood as placing “self-interest above the interest of all,” which may also violate legal or contractual obligations. For example, consider college football referees who consistently favor one conference over another. Such actions, driven by personal bias rather than financial gain, exemplify this definition of corruption.
Taking a broader view, one might argue that the Supreme Court has acted corruptly for many years. Legal analyses of cases like Bush v. Gore do not uphold the broader public interest; instead, Republican justices favored their partisan interests at the expense of a fair process. Major rulings regarding finances and corporate rights, such as Citizens United and Buckley v. Valeo, can similarly be seen as corrupt under this definition, where decisions served personal and partisan interests rather than the common good.
In essence, the Court’s actions can be classified as corruption, not merely metaphorically, but in the most straightforward sense.
The Systemic Corruption of the U.S. Government
Hart’s essay, published in Time magazine and featured in his book, The Republic of Conscience, presents compelling arguments about the systemic nature of corruption in U.S. governance. The army of lobbyists we often criticize has become integral to the government itself.
A few noteworthy excerpts emphasize his points:
From Plato and Aristotle forward, corruption was meant to describe actions and decisions that put a narrow, special, or personal interest ahead of the interest of the public or commonwealth. Corruption did not have to stoop to money under the table, vote buying, or even renting out the Lincoln bedroom. In the governing of a republic, corruption was self-interest placed above the interest of all—the public interest.
By that standard, can anyone seriously doubt that our republic, our government, is corrupt? There have been Teapot Domes and financial scandals of one kind or another throughout our nation’s history. There has never been a time, however, when the government of the United States was so perversely and systematically dedicated to special interests, earmarks, side deals, log-rolling, vote-trading, and sweetheart deals of one kind or another.
What brought us to this? A sinister system combining staggering campaign costs, political contributions, political action committees, special interest payments for access, and, most of all, the rise of the lobbying class.
Worst of all, the army of lobbyists that started relatively small in the mid-twentieth century has now grown to big battalions of law firms and lobbying firms of the right, left, and an amalgam of both. And that gargantuan, if not reptilian, industry now takes on board former members of the House and the Senate and their personal and committee staffs. And they are all getting fabulously rich.
The sheer size of lobbying efforts, paired with immense financial resources, transforms government operations and fundamentally alters its nature.
A Fourth Branch of Government
Hart astutely points out that the movement of political figures between lobbying firms and government should not be seen as a mere “revolving door.” Instead, this revolving door essentially constitutes a fourth branch of government. He uses the example of WPP, the largest lobbying firm, to illustrate how substantial financial resources can influence committees and set legislative agendas.
[Recent figures indicate that in 2024, a staggering $4.4 billion was spent on lobbying—an unprecedented amount. With 525 members in Congress, that equates to over 8 million dollars each, excluding additional spending aimed at defeating opponents. AIPAC alone invested over $100 million defeating candidates in the same year, which is not counted as lobbying at all.]
Thus, the concept of a “revolving door” comes into question. Is it simply an exit and entry path between firms and government, or does it lead to a new branch of government where policy is effectively crafted?
The Other Way to Amend the Constitution
Constitutions and legal systems can be amended in two ways: formally and informally. In England, for example, informal methods often take precedence in altering their constitution.
In the U.S., if both parties enforce a law consistently, despite it deviating from its written form, the law is effectively amended. For instance:
- Through a bipartisan agreement, we have essentially nullified the Fourth Amendment, as neither party enforces it.
- The concept of “rule of law” has transformed into a “circle of immunity,” initiated by Nixon’s pardon, later confirmed by Obama, who refrained from prosecuting Bush II for abuses during his presidency.
- Under the Obama administration, the scope of executive assassination has essentially amended the Sixth Amendment regarding trial by jury.
These instances illustrate a broader trend of informal changes that reshape our legal framework without official amendments.
Furthermore, it is essential to recognize that mega-lobbying firms effectively represent a fourth branch of government. Policy discussions emerge in these firms, which are later introduced to Congress and the executive branch for formal approval. Once policies are enacted, those involved often return to the lobbying sphere, substantially enriching themselves in the process.
For example, questions remain regarding whether the Trans-Pacific Partnership (TPP) was initially crafted in these lobbying firms before being negotiated internationally. Such discussions raise eyebrows when considering the sheer number of lobbyists involved.
Cleaning the Augean Stables
Returning to the earlier analogy about the Augean Stables: the solution to our present challenges can’t be incremental changes. One cannot simply shovel out the overwhelming filth of our current political landscape, which is likened to an overwhelming army of lobbyists. Attempting this would only lead to further despair.
To cleanse the stables, Hercules diverted rivers to wash the refuse out to sea. Today’s equivalent of that action is radical change—addressing the root of the problem fundamentally. Just as it was in mythology, so it is again in our reality.
