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Mike Lee on Government Reform
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Congress constitutionally lacks general police powers
The Constitution did nothing to abandon the widely shared consensus that our national government should be vested only with limited and enumerated powers. In fact, it explicitly preserved that understanding.
There was not--and to this day there still is not--any provision authorizing Congress to simply pass any law it sees fit.Unlike legislative bodies in other countries,
Congress does not have a general-purpose license to legislate for the "good of the public"; it must act pursuant to an affirmative constitutional grant of authority. In other words, Congress lacks what jurists and political scientists characterize
as "general police powers." And it lacks such powers by explicit design.
This original understanding was reverently observed for nearly a century and a half. This limited purpose understanding began to crumble during the era of the New Deal.
Source: Now Or Never, by Sen. Jim DeMint, p. 63-64
, Jan 10, 2012
Limited government must come politically, not judicially
In April 1937, the Supreme Court [decided on a] new approach: the courts will essentially leave Congress alone--giving federal legislators the liberty to determine and police the extent of their own powers.Guided by this exceedingly permissive
standard, which remains in effect to this day, Congress has been steadily expanding the scope of its authority since 1937.
For a variety of reasons, the Supreme Court is unlikely to retreat from this standard. We therefore cannot rely on the Supreme
Court to restore a constitutional form of government to America. But fortunately, there is another way of recovering what has been lost.
Restoring constitutionally limited government must, I believe, be accomplished through the political process and
not through the courts. The fact that federal courts have been disinclined to enforce that obligation since 1937 does not mean that the requirement no longer exists.
Yet, such debate & discussion is unlikely to occur in Congress until voters demand it.
Source: Now Or Never, by Sen. Jim DeMint, p. 65-66
, Jan 10, 2012
Antidote to federal "mission creep" is enumerated powers
The antidote to the perpetual expansion and "mission creep" of the federal government is found in the enumerated-powers doctrine--that is, the notion that the Constitution gives the federal government only limited, enumerated powers, while reserving all
other powers to the states. This doctrine could serve as the basis for a new, limited-government political movement - one focusing on the Constitution's bedrock, party-neutral principles of federalism.Still, in 2009, I doubted any candidate could get
elected on such a platform. I thought voters would be bored by talk about things like Article I, Section 8 (where the Constitution lists nearly every power possessed by Congress), the Tenth Amendment (explaining that powers not granted to Congress are
reserved to the states), textualism (a strict, literal reading of the Constitution), and originalism (a reading that focuses on the founding generation's understanding of each word and phrase at the time it was added to the Constitution).
Source: The Freedom Agenda, by Sen. Mike Lee, p. 5-6
, Jul 18, 2011
Constitution says Congress is not about making life better
The Constitution does not grant Congress the power to pass any and every piece of legislation it deems necessary to make life "better" or more "fair." Nor can it fairly be read to empower Congress to:
- nationalize our nation's healthcare, car manufacturing, or banking industries.
- create a cradle-to-grave entitlement system.
- tell American citizens where to go to the doctor and how to pay for it.
- stamp out economic disparities among
Americans by "spreading the wealth around" or by any other method.
No matter how great the idea, and no matter how pressing the perceived need,
Congress may not legislate in any area in which it is not explicitly authorized to act; power in all those areas is vested in the states.
Source: The Freedom Agenda, by Sen. Mike Lee, p. 27
, Jul 18, 2011
Citizens need to hold elected representatives accountable
If we want to cut our federal government down to its proper size, we have to vote differently. We simply can't afford to continue re-electing members of Congress who interpret the Commerce Clause in a way that obliterates the crucial distinction between
federal power (which is limited) and state power (which is relatively open-ended). We have to repopulate Congress with men and women who understand the state-federal distinction and will fight to defend it. Specifically, we as citizens need to do
3 things:- Learn the language of limited government found in the Constitution.
- Share that knowledge with our freedom-loving friends and family members.
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Hold our elected representatives accountable when they fail to respect that language.
In other words, we need to restore the constitutional debate to Congress, one senator and one representative at a time.
Source: The Freedom Agenda, by Sen. Mike Lee, p. 39-40
, Jul 18, 2011
Make "no" the default vote on all spending measures
The compromises and negotiations needed to keep the legislative process moving will always result in spending packages that fund numerous programs. But some of the damage could be mitigated if members of
Congress, at the urging of their constituents, would make "no" their default vote on all spending measures.
In other words, constituents should demand that their senators and representatives stop approving spending bills simply because they contain certain items they support; if the bill contains other things they don't support,
they should vote against it.Many members of Congress would adhere to this strategy if a large, vocal segment of their constituency demanded it and voted on the issue.
Source: The Freedom Agenda, by Sen. Mike Lee, p. 61
, Jul 18, 2011
Always ask, should program be federal or state?
Even when a program is clearly within the rightful scope of government, we must ask whether it falls within the constitutionally enumerated powers of the federal government, or within the broad, undefined powers of state governments.Each of America's
50 state governments is sovereign within its own sphere of authority and is not a mere political subdivision of a single, national sovereign. Given that the most basic purpose of government is to maintain order and prevent anarchy, the federal government
should go to great lengths to prevent the kind of conflict and confusion that emerges when one sovereign government steps on another's domain.
Because Congress, unlike the states, is vastly exceeding its authority today, it is
Congress's powers that must be curtailed. Otherwise the distinction between federal and state power will continue to fade, risking a dangerous clash between the federal government and aggrieved state representatives.
Source: The Freedom Agenda, by Sen. Mike Lee, p. 90-91
, Jul 18, 2011
Reclaim right to constitutionally limited government
Granato charged that Lee is too extreme for Utah as a darling of the tea party. But Lee said most Utahns cheer his push to return to constitutionally limited government."Utahns have a real opportunity this year to either elect a mainstream candidate
or an extreme candidate," Granato said.Lee said that his views match Utahns who "are reclaiming their right to constitutionally limited government. We have to focus on limiting the size, scope, reach and power of the federal government."
Source: Salt Lake Tribune coverage of 2010 Utah Senate debate
, Sep 17, 2010
Reduce government bureaucracy to improve economy
The answer to an economic downturn is not a government stimulus, but a reduction in government regulation and bureaucracy to allow the natural forces of our private enterprise system to rebound without undue interference.
Source: 2010 Senate campaign website, www.mikelee2010.com, "Issues"
, Jul 19, 2010
Limit congressional terms to 12 years
The runaway growth of the federal government will continue as long as we retain a system that assures the existence of lifetime politicians. A career member of Congress inevitably will come to believe that that body has the answer to all social problems.
The Constitution should be amended to limit service in each house of Congress to 12 years.
Source: 2010 Senate campaign website, www.mikelee2010.com, "Issues"
, Jul 19, 2010
Identify constitutionality in every new congressional bill.
Lee signed the Contract From America
The Contract from America, clause 1. Protect the Constitution:
Require each bill to identify the specific provision of the Constitution that gives Congress the power to do what the bill does.
Source: The Contract From America 10-CFA01 on Jul 8, 2010
Audit federal agencies, to reform or eliminate them.
Lee signed the Contract From America
The Contract from America, clause 5. Restore Fiscal Responsibility & Constitutionally Limited Government in Washington:
Create a Blue Ribbon taskforce that engages in a complete audit of federal agencies and programs, assessing their Constitutionality,
Source: The Contract From America 10-CFA05 on Jul 8, 2010
Moratorium on all earmarks until budget is balanced.
Lee signed the Contract From America
The Contract from America, clause 9. Stop the Pork:
Place a moratorium on all earmarks until the budget is balanced, and then require a 2/3 majority to pass any earmark.
Source: The Contract From America 10-CFA09 on Jul 8, 2010
Page last updated: Apr 23, 2013
