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Jeff Duncan on Government Reform |
Despite congressional reforms over the past several years to reduce pork barreling and increase earmark accountability and transparency, earmarks continue to figure prominently as the "currency of corruption" on Capitol Hill, undermining the federal budgetary process and our democratic system of government. In an effort to encourage more members of Congress and candidates for office to kick the earmarking habit, CCAGW has launched a new no-gimmicks, anti-pork pledge.
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.
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,
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.
Congressional Summary: Requires each Act of Congress to contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. Declares that failure to comply with this requirement shall give rise to a point of order in either chamber of Congress.
Constitutional Authority for This Act- This Act is enacted pursuant to the power granted Congress under article I, section 8, clause 18, of the United States Constitution and the power granted to each House of Congress under article I, section 5, clause 2, of the United States Constitution.
Congressional Summary:Stop Trading on Congressional Knowledge Act (STOCK Act): Amends the Securities Exchange Act and the Commodity Exchange Act to prohibit purchase or sale of either securities or commodities by a person in possession of material nonpublic information regarding pending or prospective legislative action.
Bill explanation (ProCon.org, "Insider Trading by Congress", Feb. 3, 2012):
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:
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.
Opposing argument from the Heritage Foundation, 2/1/2019: HR1 federalizes and micromanages the election process administered by the states, imposing unnecessary mandates on the states and reversing the decentralization of the American election process. What HR1 Would Do:
Legislative outcome: Passed House 234-193-5 on 3/8/19; received with no action in Senate thru 12/31/2019
S.1 and H.R.1: For the People Act: This bill addresses voter access, election integrity and security, campaign finance, and ethics for the three branches of government:
Sen. John Thune in OPPOSITION (9/22/21): This radical legislation would provide for a massive federal takeover of our electoral system, chill free speech, and turn the Federal Election Commission--the primary enforcer of election law in this country--into a partisan body. This radical legislation would undermine state voter ID laws and make it easier for those here illegally to vote.
And, most of all, it would put Washington, not state governments, in charge of elections--for no reason at all. There is no systemic problem with state election laws. And state election officials do not need Washington bureaucrats dictating how many days of early voting they should offer, or how they should manage mail-in ballots.
Biden Administration in SUPPORT (3/1/21): In the wake of an unprecedented assault on our democracy, a never before seen effort to ignore, undermine, and undo the will of the people, and a newly aggressive attack on voting rights taking place right now all across the country, this landmark legislation is urgently needed to protect the fundamental right to vote and the integrity of our elections, and to repair and strengthen American democracy.
Legislative Outcome: Passed House 220-210-2 on March 3, 2021 (rollcall #62); received in the Senate on March 11; no further Senate action during 2021.
GovTrack.us summary of H.Res.24: Article of Impeachment Against Former President Donald John Trump:
The House impeached President Trump for the second time, charging him with incitement of insurrection. The impeachment resolution accused the President of inciting the violent riot that occurred on January 6, when his supporters invaded the United States Capitol injuring and killing Capitol Police and endangering the safety of members of Congress. It cites statements from President Trump to the rioters such as `if you don't fight like hell you're not going to have a country anymore,` as well as persistent lies that he won the 2020 Presidential election.
Legislative Outcome:
Bill introduced Jan 11, 2021, with 217 co-sponsors; House rollcall vote #117 passed 232-197-4 on Jan. 13th (a YES vote in the House was to impeach President Trump for inciting insurrection); Senate rollcall vote #59 rejected 57-43-0 on Feb. 13th (2/3 required in Senate to pass; a YES vote in the Senate would have found President Trump guilty, but since he had already left office at that time, a guilty verdict would have barred Trump from running for President in the future)
Legislative Summary: This bill provides for admission into the United States of the state of Washington, Douglass Commonwealth, composed of most of the territory of the District of Columbia. The commonwealth shall be admitted to the Union on an equal footing with the other states. District territory excluded from the commonwealth shall be known as the Capital and shall be the seat of the federal government. The bill maintains the federal government's authority over military lands and specified other property. The bill provides for expedited consideration of a joint resolution repealing the 23rd Amendment to the Constitution [the current rule for D.C.].
WETM 18-Elmira analysis: The House of Representatives passed a bill that would make Washington D.C. into a state. While Democrats say it's time to make D.C. a state, Republicans say the motivation is purely political.
D.C. House Delegate Eleanor Holmes Norton (D) introduced this bill and says district residents deserve full representation in Congress. "D.C. residents are taxed without representation and cannot consent to the laws under which they as American citizens must live," Norton said.
While Democrats say this is about fairness, Republicans say this isn't about the people, it's about the politics. As a state, D.C. would likely add two new Democrats to the Senate.
"This is about a Democrat power grab," Congressman Fred Keller (R-Penn.) said. Keller and Congressman James Comer (R-Ky.) say Democrats are forcing this issue through for one reason. "HR 51 is not really about voting representation. It's about Democrats consolidating their power in Washington," Comer said.
Legislative Outcome: Passed House 216-208-6 on 4/22/21 (rollcall #132); introduced in Senate with 45 co-sponsors but no further Senate action during 2021.
H.R.5314, "Protecting Our Democracy Act," addresses issues involving
Opinion by Rep. Brooks (R-AL-5) to vote NO, 12/9/21: Brooks voted "No" on H.R. 5314, a bill that perpetuates the now-debunked Russian Collusion claims that have resulted in indictments against the Democrat shills that fabricated it. Brooks said, "Trump Derangement Syndrome does not do justice to the word 'obsession'. HR 5314 is a list of grievances against President Trump that go back to 2016." Brooks concluded, "The American people would be better served if Socialist Democrats spent their time investigating Hunter Biden's shady art and influence-peddling deals that reek of corruption. The American people would be better served if the House considered border security legislation, welfare give-a-way program rollbacks, or bills aimed at addressing rising prices. Instead, we're wasting time on partisan, unnecessary legislation that's going nowhere in the Senate."
Legislative Outcome: Passed House 220-208-6 on 12/9/2021, Roll no. 440); introduced in Senate on 12/13/21; no further Senate action during 2021.