I’ve been reading an interesting law review article by Jill E. Fisch entitled “How Do Corporations Play Politics?: The FedEx Story.” The article, though a little old and missing some new developments, discusses the manners in which a corporation can influence politics and how a lot of the methods do not involve just spending money. In addition, Fisch makes the argument that contributing money, spending money on PACs, and things of that nature don’t have the huge kind of impact on political outcomes that many people associate with spending large sums of money. Before I get into what I took away from this article, if you have access to JSTOR or EBSCOHost, and you have the time and desire to read a really long law review article, I’d suggest this one.
What I took away from this article is that simply tweaking campaign finance rules to put limits on the amount of money that a corporation can spend, is insufficient to address the influence that corporations can have on politics. Fisch uses FedEx as an example of the variety of different things that a corporation can do outside of simply spending money on PACs and campaign contributions. FedEx bought the naming rights for Redskins stadium, allows for Congressman to use their planes for quicker travel, uses the planes for humanitarian work, and other activities to raise their political profile. In addition to all of that, the president of FedEx regularly appeared before Congress to testify about various issues as well as hire lobbyists and experts to do the same. A lot of activity that influences policy outcomes doesn’t appear to have anything to do with spending large amounts of money on elections or advertising. The ability for corporations, both for profit and non-profit, to gather experts, produce policy papers, testify before Congress and other such activities play a large role in policy outcomes, but wouldn’t be affected by campaign finance reform. Fisch has an example of FedEx campaigning for deregulation of air freight in the 70’s, but only spending around $8500, a sum that I could put together if I really wanted to wipe out my savings. They got what they wanted anyways, demonstrating that money isn’t necessarily the most important factor.
I do want to make something clear, having vast sums of money helps with performing the actions mentioned above. Having money allows for you to hire lobbyists, experts, and raise your political profile enough to influence politics, but none of these activities would be impacted by campaign finance reform. Not all of these activities are bad exactly. I like the idea of the Sierra Club or the ACLU having the funds on hand to hire experts or lobbyists to influence politics. I’m not sure that I even have an issue with FedEx testifying before Congress with regards to deregulation. Businesses do have political interests and they should have the ability to act on those interests. Campaign finance reform could limit contributions to candidates and could limit the amount of money that could be spent on ad campaigns, but probably could not limit the amount of money that is spent on lobbying, or limit the money spent on raising one’s political profile, or limit the access to power that comes from holding vast sums of money.
Unless we as a society decide that corporations, including organizations like the NAACP or the UMWA, are not persons and do not have any liberty rights, they are always going to play a huge role in politics. A role that may diminish the impact that regular citizens have on politics. Even if we were to simply ban money being spent by business on politics, there is nothing stopping them from forming advocacy groups that would allowed to spend money on their behalf. I write this out of a sense of depression because I do think that money in politics is an issue, but I just don’t see any viable solutions to fix this issue.