CONGRESSIONAL ETHICS

Relevant Constitutional Provisions Relevant Constitutional Provisions ---each chamber judges “qualifications” of its own members ---each chamber judges “qualifications” of its own members ---each chamber makes own rules, punishes for “disorderly” behavior, and (with 2/3 vote) expels ---each chamber makes own rules, punishes for “disorderly” behavior, and (with 2/3 vote) expels ---members are “privileged from arrest” in performance of official duties; “shall not be questioned in any other Place” for things they say in floor debate ---members are “privileged from arrest” in performance of official duties; “shall not be questioned in any other Place” for things they say in floor debate

CONGRESSIONAL ETHICS 1958 Ethics Code: positive principles 1958 Ethics Code: positive principles Big 1960s scandals Big 1960s scandals ---Adam Clayton Powell (violations, exclusion, Supreme Court case) ---Adam Clayton Powell (violations, exclusion, Supreme Court case) ---Thomas Dodd mixing campaign and personal funds ---Thomas Dodd mixing campaign and personal funds ---Bobby Baker (staffer) influence- peddling ---Bobby Baker (staffer) influence- peddling

CONGRESSIONAL ETHICS Why the Increased Attention to Ethics in 1960s- 1970s Why the Increased Attention to Ethics in 1960s- 1970s --Watergate and Vietnam --Watergate and Vietnam --emergence of “goo goo” groups like Common Cause --emergence of “goo goo” groups like Common Cause --With more power, bigger staff, and bigger budgets, Congress was a bigger target --With more power, bigger staff, and bigger budgets, Congress was a bigger target --During times of increased partisanship, both parties found that they could use ethics charges as hammer to “bash” the other party --During times of increased partisanship, both parties found that they could use ethics charges as hammer to “bash” the other party

Congressional Ethics Creation of House and Senate Ethics Committees Creation of House and Senate Ethics Committees 1968 Ethics Code: restrictions on gifts, honoraria, personal use of campaign funds, “ghost” employees 1968 Ethics Code: restrictions on gifts, honoraria, personal use of campaign funds, “ghost” employees BIG SCANDALS OF 1970s/1980s BIG SCANDALS OF 1970s/1980s 1.) Koreagate 1.) Koreagate 2.) “Abscam” – FBI Sting Operation, resulted in one expulsion and five forced resignations 2.) “Abscam” – FBI Sting Operation, resulted in one expulsion and five forced resignations 3.) Keating Five – related to bigger scandal about inadequate Federal regulation of savings and loan industry 3.) Keating Five – related to bigger scandal about inadequate Federal regulation of savings and loan industry 4.) Sex scandals: Wilbur Mills, Wayne Hays and his secretary/mistress, page scandals, Packwood 4.) Sex scandals: Wilbur Mills, Wayne Hays and his secretary/mistress, page scandals, Packwood

Congressional Ethics Commonly used penalties for recent ethics violations Commonly used penalties for recent ethics violations 1.) Expulsion (2/3 vote) 1.) Expulsion (2/3 vote) 2.) Censure 2.) Censure 3.) Reprimand 3.) Reprimand 4.) Senate innovations: denounce, rebuke, condemn 4.) Senate innovations: denounce, rebuke, condemn

Congressional Ethics JIM WRIGHT SCANDAL (book sales in lieu of honoraria) led to 1989 reforms: JIM WRIGHT SCANDAL (book sales in lieu of honoraria) led to 1989 reforms: ---ban on honoraria (charitable donations still OK) ---ban on keeping leftover campaign funds for personal use ---ban on honoraria (charitable donations still OK) ---ban on keeping leftover campaign funds for personal use ---one-year moratorium on leaving Congress or Congressional staff jobs to go work for a lobbyist ---one-year moratorium on leaving Congress or Congressional staff jobs to go work for a lobbyist

CONGRESSIONAL ETHICS 1995 REFORMS (Republican majority ) 1995 REFORMS (Republican majority ) new 1.) Complete ban on gifts from non-relatives, worth more than $50 new 1.) Complete ban on gifts from non-relatives, worth more than $50 2.) Lobby Disclosure Act of ) Lobby Disclosure Act of broadens definition of “lobbyist” (no longer just hired guns), requiring hundreds more lobbyists to register & state their intentions --broadens definition of “lobbyist” (no longer just hired guns), requiring hundreds more lobbyists to register & state their intentions --includes research and writing as part of lobbying --includes research and writing as part of lobbying --increased fines for failing to file disclosure reports --increased fines for failing to file disclosure reports --forbids nonprofit groups that receive federal funds from lobbying --forbids nonprofit groups that receive federal funds from lobbying Still, there’s not much regulation of “grassroots lobbying” and coalitional lobbying where it’s unclear who’s working with whom

CONGRESSIONAL ETHICS PROPOSED 2006 REFORMS ENDORSED BY “COMMON CAUSE” (weaker versions currenlty being considered in House and Senate) PROPOSED 2006 REFORMS ENDORSED BY “COMMON CAUSE” (weaker versions currenlty being considered in House and Senate) 1.) No privately funded travel 1.) No privately funded travel 2.) Extend from one to two years the ban on post- Congressional employment as lobbyists 2.) Extend from one to two years the ban on post- Congressional employment as lobbyists 3.) Force members and staff to disclose when they’re negotiating with future employers 3.) Force members and staff to disclose when they’re negotiating with future employers 4.) Make lobbying information available online in real- time 4.) Make lobbying information available online in real- time 5.) Limit role of lobbyists in campaign fundraising 5.) Limit role of lobbyists in campaign fundraising