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Ted Kennedy on Government Reform

Democratic Sr Senator (MA)


1969: Reject Supreme Court nominations on basis of ideology

The president is usually able to convince the American people that he has sole authority and responsibility for Supreme Court appointments, and that unless one can find an egregious circumstance, the overwhelming requirement on the Senate is to defer to the president and approve the nominee. But the Founding Fathers did not intend it that way. They provided for the utmost deliberation--the principle "advise and consent"--and assigned that deliberation to the Senate.

These different views on the standards for confirmation didn't really come into play, however, until Richard Nixon put them to the test. Prior to his administration, nominations were made based on suitable judicial temperament, experience, integrity, independence, & knowledge of the law, and there was a strong bias in favor of confirmation. Nixon skewed the process by substituting political ideology for judicial independence. For many of us, that change in nomination procedures meant a change in the level of confirmation scrutiny.

Source: True Compass, by Edward M. Kennedy, p.315-316 , Sep 14, 2009

Voted YES on granting the District of Columbia a seat in Congress.

Cloture vote on the District of Columbia House Voting Rights Act:[Washington DC currently has a "delegate" to the US House, whose vote does not count. Utah had complained that the 2000 census did not count many Utahns on Mormon missions abroad].

Opponents recommend voting NO because:

Sen. BYRD: In 1978, I voted for H.J. Res. 554, that proposed amending the Constitution to provide for representation of D.C. [That amendment passed the Senate but was not ratified by the States]. While I recognize that others believe that the Constitution authorizes the Congress to "exercise exclusive legislation" over D.C., the historical intent of the Founders on this point is unclear. I oppose S.1257, because I doubt that our Nation's Founding Fathers ever intended that the Congress should be able to change the text of the Constitution by passing a simple bill.

Proponents support voting YES because:

Sen. HATCH. There are conservative and liberal advocates on both sides of this issue,and think most people know Utah was not treated fairly after the last census. For those who are so sure this is unconstitutional, [we include an] expedited provision that will get us to the Supreme Court to make an appropriate decision. It will never pass as a constitutional amendment. There are 600,000 people in D.C., never contemplated by the Founders of this country to be without the right to vote. They are the only people in this country who do not have a right to vote for their own representative in the House. This bill would remedy that situation.

Reference: District of Columbia House Voting Rights Act; Bill S. 1257 ; vote number 2007-339 on Sep 18, 2007

Voted NO on requiring photo ID to vote in federal elections.

Vote on Dole Amdt. S.2350, amending SP2350 (via the College Cost Reduction Act): To amend the Help America Vote Act of 2002 to require individuals voting in person to present photo identification.

Proponents support voting YES because:

Sen. DOLE. I am proposing a commonsense measure to uphold the integrity of Federal elections. My amendment to require voters to show photo identification at the polls would go a long way in minimizing potential for voter fraud. When a fraudulent vote is cast and counted, the vote of a legitimate voter is cancelled. This is wrong, and my amendment would help ensure that one of the hallmarks of our democracy, our free and fair elections, is protected. Opinion polls repeatedly confirm that Americans overwhelmingly support this initiative.

Opponents recommend voting NO because:

Sen. FEINSTEIN. If one would want to suppress the vote in the 2008 election, one would vote for this because this measure goes into effect January 1, 2008. It provides that everybody who votes essentially would have to have a photo ID. If you want to suppress the minority vote, the elderly vote, the poor vote, this is exactly the way to do it. Many of these people do not have driver's licenses. This amendment would cost hundreds of millions of dollars to actually carry out. It goes into effect--surprise--January 1, 2008 [to affect the presidential election]. I urge a "no" vote.

Reference: Dole Amendment to the Help America Vote Act; Bill S.2350, amending SP2350 ; vote number 2007-269 on Jul 19, 2007

Voted NO on allowing some lobbyist gifts to Congress.

A motion to table (kill) an amendment to clarify the application of the gift rule to lobbyists. Voting NAY would define employees of lobbying companies as registered lobbyists and therefore subject to the gift ban. Voting YEA would apply the gift ban only to specific people who registered as lobbyists.
Reference: Feingold Amendment to Legislative Transparency and Accountability Act; Bill S.Amdt.2962 to S.2349 ; vote number 2006-080 on Mar 29, 2006

Voted YES on establishing the Senate Office of Public Integrity.

An amendment to establish the Senate Office of Public Integrity. Voting YEA would establish the new office, and voting NAY would keep ethics investigations within the existing Senate Ethics Committee.
Reference: Collins Amendment to Legislative Transparency and Accountability Act; Bill S.Amdt.3176 to S.2349 ; vote number 2006-077 on Mar 28, 2006

Voted YES on banning "soft money" contributions and restricting issue ads.

Vote on passage of H.R. 2356; Bipartisan Campaign Reform Act of 2002 (Shays-Meehan bill, House equivalent of McCain-Feingoldf bill). Vote to ban “soft money” contributions to national political parties but permit up to $10,000 in soft money contributions to state and local parties to help with voter registration and get-out-the-vote drives. The bill would stop issue ads from targeting specific candidates within 30 days of the primary or 60 days of the general election. Additionally, the bill would raise the individual contribution limit from $1,000 to $2,000 per election for House and Senate candidates, both of which would be indexed for inflation.
Reference: Bill HR.2356 ; vote number 2002-54 on Mar 20, 2002

Voted NO on require photo ID (not just signature) for voter registration.

Motion to Table Schumer Amdt. No. 2937; To permit the use of a signature or personal mark for the purpose of verifying the identity of voters who register by mail, and for other purposes. Voting Yes would kill the amendment. The amendment would allow a signature to identify voters who register by mail, instead of requiring showing photo identification or other proof of residence before being allowed to vote.
Reference: Bill S.565 ; vote number 2002-38 on Feb 27, 2002

Voted YES on banning campaign donations from unions & corporations.

Vote to ban soft money donations to political parties and forbid corporate general funds and union general funds from being spent on issue ads. The bill would increase the individual contribution limit to candidates from $1,000 to $2,000.
Reference: Bill S.27 ; vote number 2001-64 on Apr 2, 2001

Voted YES on funding for National Endowment for the Arts.

This table motion would end debate on an amendment aimed at funding for the National Endowment for the Arts. Support for the motion to table is a vote for NEA funding. [YES to table means supporting the NEA; NO means defunding the NEA].
Status: Motion to Table Agreed to Y)80; N)16; NV)4
Reference: Motion to table Smith Amdt #1569; Bill H.R. 2466 ; vote number 1999-260 on Aug 5, 1999

Voted YES on favoring 1997 McCain-Feingold overhaul of campaign finance.

Support of the campaign finance bill proposed by Senators McCain (R-AZ) and Feingold (D-WI).
Status: Cloture Motion Rejected Y)53; N)47
Reference: Campaign Finance Reform Bill; Bill S. 25 ; vote number 1997-267 on Oct 7, 1997

Voted YES on Approving the presidential line-item veto.

Approval of the presidential line-item veto authority.
Status: Conf Rpt Agreed to Y)69; N)31
Reference: Conference Report on S. 4; Bill S. 4 ; vote number 1996-56 on Mar 27, 1996

Voted NO on banning more types of Congressional gifts.

To exclude certain items from the Congressional Gift Ban.
Status: Amdt Failed Y)39; N)60; NV)1
Reference: Murkowski Amdt to S. 1061; Bill S. 1061 ; vote number 1995-339 on Jul 28, 1995

Reject photo ID requirements for voting.

Kennedy co-sponsored rejecting photo ID requirements for voting

OFFICIAL CONGRESSIONAL SUMMARY: Expresses the sense of Congress that:

  1. a requirement that U.S. citizens obtain photo identification cards before being able to vote has not been shown to ensure ballot integrity and places an undue burden on citizens' legitimate voting rights; (
  2. the Department of Justice should challenge any state law that limits a citizen's ability to vote based on discriminatory photo identification requirements; and
  3. any effort to impose national photo identification requirements for voting should be rejected.

SPONSOR'S INTRODUCTORY REMARKS: Sen. OBAMA: I am submitting a resolution to express the Senate's strong disapproval of recent efforts to disenfranchise Americans. Unfortunately, too many electoral reform efforts seem intent on limiting access to the ballot as opposed to expanding it. In the mid-20th century, the poll tax was the preferred means of disenfranchising large minority populations, specifically African Americans. Today, the poll tax is taking on a new form--a photo identification requirement for voters.

According to the National Commission on Federal Election Reform, such a requirement would "impose an additional expense on the exercise of the franchise, a burden that would fall disproportionately on people who are poorer and urban." Nevertheless, a number of States, including Georgia, have recently passed laws mandating government-issued photo identification for voters at the polls. Nationwide, at least 12% of eligible drivers do not have a driver's license. And Georgia has made it difficult for rural and urban folks to obtain their voter photo identification.

The Carter-Baker Commission on Federal Election Reform acknowledges that there is "no evidence of extensive fraud in U.S. elections or of multiple voting."

LEGISLATIVE OUTCOME:Referred to Senate Committee on Rules and Administration; never came to a vote.

Source: Resolution on Voting (S.CON.RES.53) 05-SC53 on Sep 20, 2005

Post earmarks on the Internet before voting on them.

Kennedy co-sponsored posting earmarks on the Internet before voting on them

OnTheIssues.org Explanation: This bill attempts to limit earmarks by publicizing them. Rather than banning earmarks, this bill requires that earmarks and other last-minute add-ins get posted on the Internet. Posting provisions on the Internet for 3 days is intended to restrict lobbyists influence on earmarks that would otherwise go unnoticed.

OFFICIAL CONGRESSIONAL SUMMARY:

LEGISLATIVE OUTCOME:Referred to Senate Committee on Rules and Administration; never came to a vote.
Source: CLEAN-UP Act (S.2179) 06-S2179 on Jan 18, 2006

Establish the United States Public Service Academy.

Kennedy co-sponsored establishing the United States Public Service Academy

Introductory statement by Sponsor:

Sen. CLINTON: I rise today to introduce legislation that will create an undergraduate institution designed to cultivate a generation of young leaders dedicated to public service. The US Public Service Academy Act (The PSA Act) will form a national academy to serve as an extraordinary example of effective, national public education.

The tragic events of September 11 and the devastation of natural disasters such as Hurricanes Katrina and Rita underscore how much our Nation depends on strong public institutions and competent civilian leadership at all levels of society. Congress must take a step forward to ensure competent civilian leadership and improve our Nation's ability to respond to future emergencies and to confront daily challenges.

This legislation will create the US Public Service Academy to groom future public servants and build a corps of capable civilian leaders. Modeled after the military service academies, this academy will provide a four-year, federally-subsidized college education for more than 5,000 students a year in exchange for a five year commitment to public service.

The PSA Act will meet critical national needs as the baby-boomer generation approaches retirement. Already, studies show looming shortages in the Federal civil service, public education, law enforcement, the non-profit sector and other essential areas.

Unfortunately our young people are priced out of public service careers all too often. By providing a service-oriented education at no cost to the student, the PSA Act will tap into the strong desire to serve that already exists among college students while erasing the burden of enormous college debt.

The establishment of a United States Public Service Academy is an innovative way to strengthen and protect America by creating a corps of well-trained, highly-qualified civilian leaders. I am hopeful that my Senate colleagues from both sides of the aisle will join me today.

Source: United States Public Service Academy Act (S.960 & HR.1671) 07-HR1671 on Mar 23, 2007

Prohibit voter intimidation in federal elections.

Kennedy co-sponsored prohibiting voter intimidation in federal elections

Makes it unlawful for anyone before or during a federal election to knowingly communicate false election-related information about that election, with the intent to prevent another person from exercising the right to vote. Increases from one year to five years' imprisonment the criminal penalty for intimidation of voters.

Introductory statement by Sponsor:

Sen. OBAMA: This bill seeks to address the all-too-common efforts to deceive voters in order to keep them away from the polls. It's hard to imagine that we even need a bill like this. But, unfortunately, there are people who will stop at nothing to try to deceive voters and keep them away from the polls. What's worse, these practices often target and exploit vulnerable populations, such as minorities, the disabled, or the poor. We saw countless examples in this past election.

Of course, these so-called warnings have no basis in fact, and are made with only one goal in mind--to keep Americans away from the polls. We see these problems election after election, and my hope is that this bill will finally stop these practices. This bill makes voter intimidation & deception punishable by law, and it contains strong penalties. The bill also seeks to address the real harm of these crimes--people who are prevented from voting by misinformation--by establishing a process for reaching out to these misinformed voters with accurate information so they can cast their votes in time.
Source: Voter Intimidation Prevention Act (H.R.1281 & S.453) 07-S453 on Mar 1, 2007

Prohibit 'voter caging' which intimidates minority voting.

Kennedy co-sponsored prohibiting 'voter caging' which intimidates minority voting

Rep. CONYERS: "Since the late 1950's, the pernicious practice of 'voter caging' has been used to discourage or prevent eligible voters from casting their vote. Recent elections have shown that caging tactics are not outdated, and in fact, have disenfranchised voters in recent midterm and Presidential elections. While caging efforts have traditionally been directed at minority communities, all voters are susceptible to these attempts at voter intimidation and suppression.

"The undemocratic practice of voter caging involves sending mail to voters at the addresses at which they are registered to vote. Should such mail be returned as undeliverable or without a return receipt, the voter's name is placed on a 'caging list.' These caging lists are then used to challenge a voter's registration or eligibility.

"In my home State of Michigan, I have seen firsthand how caging efforts are used to harass, bully, and ultimately disenfranchise, eligible voters. With a Michigan lawmaker advocating 'suppress the Detroit vote,' I cannot help but think that is synonymous with 'suppress the Black vote' as Detroit is 83% African American. These voter suppression campaigns always seem to target our most vulnerable voters--racial minorities, low-income people, homeless people, and college students.

"Caging tactics meant to suppress the vote do more than impede the right to vote. They threaten to erode the very core of our democracy. By eliminating barriers to the polls, we can help restore what has been missing from our elections--fairness, honesty, and integrity."