Mick Mulvaney on Government Reform

Identify constitutionality in every new congressional bill.

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.

Audit federal agencies, to reform or eliminate them.

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,

Moratorium on all earmarks until budget is balanced.

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.

No recess appointments without Congressional approval.

Congressional Summary: Resolution Disapproving of the President's appointment of four officers during a period when no recess of the Congress for a period of more than three days and expressing that those appointments were made in violation of the Constitution.

Text of Resolution:

• Whereas the Constitution states, 'Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days';
• Whereas, on January 4, 2012, President Barack Obama appointed Richard Cordray to be the Director of the Bureau of Consumer Financial Protection and appointed Sharon Block, Terence Flynn, and Richard Griffin to the National Labor Relations Board; and
• Whereas these appointments broke the long-established precedent of Congress being in recess for more than three days before the President can make a recess appointment:
• Now, therefore, be it Resolved, That the House of Representatives disapproves of the President's appointment of four officers when no recess of the Congress for a period of more than three days was authorized.

OnTheIssues Notes:Pres. Obama attempted to appoint Elizabeth Warren to the Consumer Financial Protection Bureau in May 2011; House Republicans disapproved of Ms. Warren. House Speaker John Boehner disallowed the Senate's adjournment resolution, which meant the Senate was legally not adjourned and Pres. Obama could not make a "recess appointment" which would otherwise be allowed. This Resolution brings the issue to the fore again, for another set of Obama appointments for which House Republicans disapprove.

Prohibit IRS audits targeting Tea Party political groups.

Congressional summary:: Stop Targeting of Political Beliefs by the IRS Act: Requires the Internal Revenue Service (IRS) standards and definitions in effect on January 1, 2010, for determining whether an organization qualifies for tax-exempt status as an organization operated exclusively for social welfare to apply to such determinations after enactment of this Act. Prohibits any regulation, or other ruling, not limited to a particular taxpayer relating to such standards and definitions.

Proponent's argument in favor (Heritage Action, Feb. 26, 2014): H.R. 3865 comes in the wake of an attack on the Tea Party and other conservative organizations. The current IRS regulation is so broad and ill-defined that the IRS applies a "facts and circumstances" test to determine what constitutes "political activity" by an organization. This test can vary greatly depending on the subjective views of the particular IRS bureaucrat applying the test. IRS employees took advantage of this vague and subjective standard to unfairly delay granting tax-exempt status to Tea Party organizations and subject them to unreasonable scrutiny.

Text of sample IRS letter to Tea Party organizations:We need more information before we can complete our consideration of your application for exemption. Please provide the information requested on the enclosed Information Request by the response due date. Your response must be signed by an authorized person or officer whose name is listed on your application.

• Have you conducted or will you conduct candidate forums or other events at which candidates running for public offices are invited to speak?
• Have you attempted or will you attempt to influence the outcome of specific legislation?
• Do you directly or indirectly communicate with members of legislative bodies?
• Do you have a close relationship with any candidate for public office or political party?

Signed term limit pledge: 6 years House; 12 years Senate.

Organizational Self-Description: U.S. Term Limits, the nation's oldest and largest term limits advocacy group, announced that 14 new signers of its congressional term limits amendment pledge have been elected to the 114th Congress. The group includes five new senators, eight new House members and one House incumbent who signed the pledge for the first time this cycle. The pledge calls for members to co-sponsor and vote for a constitutional amendment limiting House members to three terms (six years) and Senators to two terms (12 years). The USTL President said, "The American people are fed up with career politicians in Washington and strongly embracing term limits as a remedy. Gallup polling shows that 75% of Americans support term limits."

Opposing legal argument: [ACLU, Nov. 7, 2014]: In U.S. Term Limits v. Thornton (May 22, 1995), the Court ended the movement to enact term limits for Congress on a state-by-state basis. The Court held that the qualifications for Congress established in the Constitution itself could not be amended by the states without a constitutional amendment, and that the notion of congressional term limits violates the "fundamental principle of our representative democracy 'that the people should chose whom they please to govern them.'"

Opposing political argument: [Cato Institute Briefing Paper No. 14, Feb. 18, 1992]: Several considerations may explain political scientists' open hostility to term limitation:

• Political scientists were instrumental in promoting the professionalization of legislators.
• They are cynical about the attentiveness, general knowledge, and judgmental capacity of the average voter.
• They are committed to the conservation of leadership.
• They perceive attacks on professional politicians as a threat to their own self-proclaimed professionalism.
• And political partisanship may encourage them to oppose term limits.

Constitutional amendment for Congressional term limits.

Excerpts from press release on Term Limits Caucus: Two U.S. Term Limits pledge signers, Republican Rep. Rod Blum (IA-1) and Democrat Rep. Beto O`Rourke (TX-16), have announced the formation of a Term Limits Caucus, which will work to build bipartisan support behind a constitutional amendment imposing term limits on Congress. "The root of this problem is that politicians are incentivized by the system to care more about retaining their position than doing what is best for the country," Blum said. "Our founding fathers never intended for public service to be a career, rather, serving in Congress was designed to be a temporary sacrifice made for the public good."

The new working group will marshal pro-term limits members together to pursue common ground. One of its most important duties will be building consensus around the U.S. Term Limits Amendment of three House terms and two Senate terms, to which both Blum and O`Rourke have pledged their exclusive support.

Supporting argument: (Cato Institute): We should limit members to three terms in the House and two terms in the Senate. Let more people serve. Let more people make the laws. And let's get some people who don't want to make Congress a lifelong career. Some say that term limits would deprive us of the skills of experienced lawmakers. Really? It's the experienced legislators who gave us a $17 trillion national debt, and the endless war in Iraq, and the Wall Street bailout.

Supporting argument: (Heritage Foundation): The only serious opponents of term limits are incumbent politicians and the special interests--particularly labor unions--that support them. Special interests oppose term limits because they do not want to lose their valuable investments in incumbent legislators. Many are organized to extract programs, subsidies, and regulations from the federal government--to use the law as a lever to benefit their own constituencies or harm their rivals.