Constituent Interests and U.S. Trade Policies

15. Constituent Representation: Exploring the Context of the Key Policy Questions, Some Preliminary Observations

CHAPTER 15 Constituent Representation: Exploring the Context of the Key Policy Questions, Some Preliminary Observations John H. Jackson I. Introduction This conference is in many ways an intriguing juxtaposition of the analytical techniques of economists and political scientists, and some particularly interesting observations of practitioners who have been confronted with specific circumstances of their tasks. I would like to try to present a tentative view of a somewhat broader perspective for this material, and suggest some aspects of a framework. I will first introduce some of the dimensions and different roadways of the landscape of our subject concerning constituent representation (CR), followed, second, by a statement of the "big question" for this conference, namely the question of how many and varied CR activities fit into some of the models suggested as aids to understanding. Third and final, I would like to offer a suggestion (obviously not the only one possible) about where some of this analysis may lead us, and in doing that I will bring to bear my particular expertise as a legal scholar and suggest that a critical part of our subject is the role of institutions or "constitutions" and how they contribute to, or inhibit pursuit of some of the goals of constituent representation that many of us would feel are appropriate. II. The Landscape The question of constituent representation, or what is sometimes called "lobbying," and which I prefer to call "policy advocacy," is not only a many faceted SUbject, but one which can lead in a number of different directions. It seems logical that we first try to consider some criteria for evaluating the role of constituent representation and its varied forms. I believe that an undercurrent of the diverse interventions in this conference is that at least some kinds of constituent representation can enhance welfare and good 312 Constituent Interests and U.S. Trade Policies government. Governmental resources to do all of the research necessary to fully comprehend the potential impact of policy determination are usually too limited to provide an adequate understanding of many policy issues. Constituent representatives or policy advocacy can provide an enormously useful and sometimes vital amount of information and arguments, which the policy makers should consider. An analogy can be made to litigation before courts. In many forms of litigation, particularly in the United States and a number of other countries, advocates are encouraged to present a variety of views, often but not always opposing views, so that the courts will better understand how to make the best possible decision. To some extent the same model could be considered for legislative or executive branch activities that involve policy decisions. However, it is also understood in another undercurrent of this conference, that certain types of constituent representation, policy advocacy, or "lobbying," may influence policy makers to make decisions that are against the best interests of the nation, or a nation's welfare. This is the problem of "special interest" advocacy, which can distort the decision making processes. Thus, for example, certain kinds of campaign contributions can influence "wrong decisions." Another step we can then take for a framework for analysis is to inventory and explore the number of different types of constituent representation and the "landscape" on which they act. First, we can note that there are a number of different types of decision makers who are the target of constituent representation. A very quick inventory could include the following: • The Congress (Parliament), both at the federal level and sub-federal (state) level. • The Executive Branch and its various sub-divisions, many of which must formulate policies, either in the broader sense, or in the interstitial sense to carry out policies mandated by higher level authorities or the Congress. • The Judiciary and Courts at many different levels: these also are governmental institutions, and litigation performs a form of constituent representation. • Administrative agencies, not only those which are subordinate to the President or Chief Executive, but also those which have a quasiindependent role under mandates of the Congress. • The public and public opinion as a necessary component (particularly in a democracy) of policy making. • Institutions which assist in forming public opinion, such as the public media (press, radio, television). • Various specialized groups of researchers and teachers, such as professors in universities. Constituent Representation 313 In addition, we can note a number of different kinds of techniques which constituent representation follows. An inventory would include at least the following: • "Lobbying...