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The First Amendment to the U.S. Constitution guarantees the right to both freedom of association and freedom of expression. The view that people should be free to organize themselves so as to pursue their shared interests to maximum effect has been one of the enduring—even defining—features of the American political landscape. In his classic work Democracy in America, first published in two volumes in 1835 and 1840, Alexis de Tocqueville noted the American tendency for people to form together into associations to promote their interests, which struck him forcefully because it was a freedom even then much more commonly exercised in the United States than in Europe. One of the manifestations of this predilection today is to be found in the sheer number of professional and trade associations that are actively engaged in advocacy.

Lawyers/Law Firms

Historically, the legal profession has been one of the largest sources of political contributions. In the 2004 election cycle, it accounted for total donations to federal candidates and parties of more than $182 million, of which 25% was to Republicans and 75% to Democrats.

This profession is slightly atypical, in the sense that it includes several dozen large firms that each make political contributions of hundreds of thousands of dollars, but relatively few associations. The Association of Trial Lawyers of America (ATLA) was founded in 1946 (though it operated until 1972 as the National Association of Claimants' Compensation Attorneys). Currently representing around 56,000 members, ATLA continues to have a focus on personal injury compensation cases. More broadly, it champions the Seventh Amendment of the U.S. Constitution, which states that “In Suits at common law … the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”

The largest association representing the legal profession, however, is the American Bar Association (ABA), with more than 400,000 members (or around half of all lawyers in the United States). Formed in 1878 when 100 lawyers decided to cooperate to promote the administration of justice, the ABA now upholds professional standards and ethical conduct. Headquartered in Chicago and with a staff of 750, the ABA's policy-making body is the 539-member House of Delegates, which meets twice a year. Since 1957, the ABA has also had a Washington office, accommodating its Government Affairs staff. While the ABA chooses as a matter of policy not to raise and disburse campaign contributions, it is highly active and visible in its advocacy at the federal and state levels.

Real Estate

The real estate industry has long been involved in advocacy, although its efforts have increased significantly since the early 1990s. During the 2004 election cycle, it collectively provided total contributions to federal candidates and parties of close to $97 million, of which 59% went to Republicans and 41% to Democrats.

The National Association of Realtors (NAR) started life in 1908 as the National Association of Real Estate Exchanges, with 120 founder members. Today it has a membership base of more than 1 million real estate agents. While much of NAR's work involves the provision of products and services to its members along with reporting on trends and issues affecting the real estate industry, the association is also one of the most active advocacy organizations in the United States. Its political action committee raised and disbursed $4 million in campaign contributions during the 2004 election cycle, with around 40% of its membership donating funds to this effort; in the 2004 elections, 97% of the congressional candidates supported by NAR won election.

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