Money Talks: The Disproportionate Influence of Corporations on U.S. Governance Today

Authors

David C. Hayter

First Page

321

Abstract

Corruption: “Dishonest or illegal behavior especially by powerful people (such as government officials . . . )”; and “inducement to wrong by improper or unlawful means (such as bribery).”

What does the word “corruption” first bring to mind? For some, maybe a foreign country—where political regimes blatantly use the government as a tool to further personal agendas or gains without due consideration of the citizenry. For others, a fictional movie or TV show depicting politicians and police officers providing protections to mafia members in exchange for cash. No matter what comes to mind, many today think of corruption as manifested through blatant and illegal acts often overlooked as a considerable threat to modern governance and democracy within the United States. However, due to narrow laws and restrictions in areas like lobbying and political campaign contributions, corporations and other parties possessing the necessary means can command far more influence over public officials than the general public. Therefore, the U.S. government remains vulnerable to corruption—particularly when it comes to regulation and oversight of private sectors.

This form of corruption manifests more discreetly than historically understood, with those involved often shielded from consequences by ambiguities present within the Constitution and other laws. Nonetheless, the existence of corruption within government today is undeniable, and is largely derived from a phenomenon traditionally known as “regulatory capture”: where government regulatory agents are manipulated through various means to serve the interests of those they are intended to regulate. However, this idea of capture may not be a risk limited only to those directly involved in government regulation. This Note makes the case that the prevalence of various government officials becoming captured by private sector entities continues to be problematic in American society today.

This Note does not suggest that general regulation—or government—is conceptually counterintuitive; nor that all of those within the United States government are maliciously corrupt. Additionally, this Note does not propose that elected officials or regulators are solely, or even primarily, culpable for the specific events and harms discussed. Rather, this Note takes the position that government control and regulation can cause more harm than good if not effectively enforced and without adequate oversight and accountability—something the United States has fallen short of in many ways.

Recommended Citation

David C. Hayter, Money Talks: The Disproportionate Influence of Corporations on U.S. Governance Today, 29 Lewis & Clark L. Rev. 321 (2025).
Available at: https://lawcommons.lclark.edu/lclr/vol29/iss2/4