Solutions For Ethical Government

Democracy calls for a government beholden to the people, not wealthy special interests. Ethics laws are designed to prevent conflicts of interest from corrupting important decision-making that impacts all Americans.

Yet weak enforcement and gaps in existing law have enabled a culture where our leaders may sidestep the law without consequence, using their public positions for private gain. We have seen the steady erosion of ethics norms across all branches of the federal government, and, as a result, Americans are continuing to lose their trust in government.  

At Campaign Legal Center, we utilize every legal pathway available to strengthen and enforce the ethics standards that hold our public officials accountable. But we need more than just legal action: We’re calling on our lawmakers to advance comprehensive reform today to ensure public officials comply with the high ethical standards our democracy requires.

Policymakers should prioritize the following:  

1. Strengthening Executive Branch Ethics Laws  

Executive branch officials hold many of the highest positions in government, but the current patchwork of laws and a lack of enforcement have enabled a culture of top-down corruption where public officials do not feel compelled to prioritize the public good.  

Our current ethics rules and laws emphasize transparency, accountability and guardrails that prevent members of the executive branch from abusing power. But overwhelmingly, poor enforcement and gaps in policy mean that those seeking to use their office for public gain are able to do so with ease.  

Ethics codes should be strengthened to effectively deter political appointees from serving their own interests. Congress should pass legislation that strengthens ethical standards for political appointees, focused on ensuring that potential officials/presidential nominees do not bring conflicts of interest to their role like financial holdings or relationships with industries they might regulate.  

When they do assume office, executive branch officials should not be allowed to skirt conflict of interest laws. We need better enforcement mechanisms that actually de-incentivize those who seek to sidestep the law.

2. Ban Stock Trading for Members of Congress and Their Families

Voters have a right to know that their elected representatives are acting in the public’s best interest and are not motivated by their personal financial interests.

However, the lack of constraints on congressional stock trading means there is little to prevent lawmakers from accruing personal wealth through strategic trading, possibly at the expense of the needs of everyday Americans. Allowing stock trading to proliferate without consequences has paved the way for questionable transactions by elected officials — even during times of economic crisis for their constituents. This has steadily eroded public trust in government.

We need a complete ban on stock trading by members of Congress and their families, and strong penalties for those who violate that ban.  

The Restore Trust in Congress Act is the answer to this problem. Introduced by Rep. Chip Roy (R-TX) and Rep. Seth Magaziner (D-RI) and 14 co-sponsors from both sides of the political the aisle, the bill fully bans stock trading by lawmakers, their spouses and dependents, a crucial reform to rebuild public confidence in the federal government.  

3. Decrease the Influence of Wealthy Special Interests in Government  

Wealthy special interests are constantly seeking to strengthen their foothold in government — often at the expense of the public good, and often through questionable or unethical pathways paved by weak enforcement of ethics law.  

One of the most prevalent ways this happens is through the revolving door of lobbyists in government. It is common for lobbyists who spend significant time advancing the interests of specific industries to be hired for powerful government positions that regulate those industries. Wealthy special interests routinely use these relationships to their advantage, sometimes offering incentives directly to former lobbyists for continuing to prioritize their relationship while in office.  

Currently, there are no set and permanent rules preventing former lobbyists from holding powerful positions in government, and there are very few laws preventing them from using their positions to advance their former clients’ interests.

Voluntary pledges by presidential administrations to limit the influence of lobbyists hired to serve in government are no substitute for permanent rules that would genuinely protect the public interest. The current expectation that lobbyists should not be immediately hired to regulate their former clients should be codified as an outright ban.

4. Strengthen Independent Ethics Enforcement in Government  

The enforcement of ethics laws across government has consistently proved to not be effective in deterring corruption and ethics violations. For bodies like the U.S. Senate, a system of self-policing has meant that Senators almost never hold their colleagues accountable and face no consequence for breaking the rules.  

Where independent oversight does exist, like in the Office of Government Oversight or in the role played by inspectors general in the executive branch, it lacks the tools to hold our officials accountable. Often, the incentive to break the law for those with conflicts of interest or corrupt motives is far greater than the accountability they would face, if they even face it at all.  

The American public deserves to know that if public officials break the law, they will be held accountable in a meaningful way. Any ethics law that aims to hold our elected officials to a higher standard will be effective only if policymakers also strengthen independent enforcement mechanisms.  

We need more independent adjudicators who can investigate alleged ethics violations who are protected by the law from retribution. When an ethics violation is uncovered, these independent bodies need strong enforcement authority to ensure real accountability.