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Lindsey Graham on Government Reform

Republican Sr Senator; previously Representative (SC-3)

 


Supreme Court decided gay marriage; it's the law of the land

SANTORUM: What the Supreme Court did [in legalizing same-sex marriage] is against the natural law, it's against God's law and we have every obligation to stand in opposition to it.

PATAKI: We're going to have a president who defies the Supreme Court because they don't agree?

SANTORUM: I hope so. If they're wrong.

PATAKI: Then you don't have the rule of law.

SANTORUM: No, what you have is judicial supremacy. You don't have a rule of law when the court has the final say on everything.

GRAHAM: I wasn't the best law student. But on the first day in law school we reviewed a case called "Marbury v. Madison." The group in our constitutional democracy that interprets the Constitution is the Supreme Court. In a 5-4 decision, the Supreme Court have ruled that same-sex marriage bans at the state level violate the Fourteenth Amendment's equal protection clause. I don't agree with it, but that is the law of the land.

Source: 2015 Republican two-tiered primary undercard debate on CNN , Sep 16, 2015

2016 election will determine judiciary for decades to come

To the Republicans, the biggest prize on the table in 2017 is the presidency. If it is Hillary Clinton, Joe Biden or Bernie Sanders, they are going to pick people that we will disagree with all the time. Please understand, we have to win this election. The court's at stake. It is the most important reason for us to turn out, to make sure we don't lose the judiciary for decades to come.
Source: 2015 Republican two-tiered primary undercard debate on CNN , Sep 16, 2015

Constitutional amendment to limit spending by super PACs

Graham would reform campaign finance laws, and allow Congress to limit spending. A supporter of the McCain-Feingold campaign finance law in 2002, Graham told New Hampshire TV station WMUR that as president he would push for a Constitutional amendment to allow Congress to limit spending by super PACs and others.
Source: PBS News Hour "2016 Candidate Stands" series , Jun 1, 2015

Increase campaign contribution limits; but no foreigners

Source: Congressional 2000 National Political Awareness Test , Nov 1, 2000

Voted NO on Congressional pay raise.

Congressional Summary:
    Makes appropriations to the Senate for FY2010 for:
  1. expense allowances;
  2. representation allowances for the Majority and Minority Leaders;
  3. salaries of specified officers, employees, and committees (including the Committee on Appropriations);
  4. agency contributions for employee benefits;
  5. inquiries and investigations;
  6. the Senate Caucus on International Narcotics Control;
  7. the Offices of the Secretary and of the Sergeant at Arms and Doorkeeper of the Senate;
  8. miscellaneous items;
  9. the Senators' Official Personnel and Office Expense Account; and
  10. official mail costs.
Amends the Legislative Branch Appropriation Act of 1968 to increase by $50,000 the gross compensation paid all employees in the office of a Senator. Increases by $96,000 per year the aggregate amount authorized for the offices of the Majority and Minority Whip.

Proponent's argument to vote Yes:Rep. WASSERMAN SCHULTZ (D, FL-20): We, as Members of Congress, have responsibility not just for the institution, but for the staff that work for this institution, and to preserve the facilities that help support this institution. We have endeavored to do that responsibly, and I believe we have accomplished that goal.

Opponent's argument to vote No:Rep. SCALISE (R, LA-1): It's a sad day when someone attempts to cut spending in a bill that grows government by the size of 7%, and it's not allowed to be debated on this House floor. Some of their Members actually used the term "nonsense" and "foolishness" when describing our amendments to cut spending; they call that a delaying tactic. Well, I think Americans all across this country want more of those types of delaying tactics to slow down this runaway train of massive Federal spending. Every dollar we spend from today all the way through the end of this year is borrowed money. We don't have that money. We need to control what we're spending.

Reference: Legislative Branch Appropriations Act; Bill HR2918&S1294 ; vote number 2009-S217 on Jul 6, 2009

Voted NO on providing a US House seat for the District of Columbia.

Congressional Summary:

Proponent's argument to vote Yes:Sen. ORRIN HATCH (R-UT): I am cosponsoring the legislation to provide a House seat for DC and an additional House seat for Utah. Representation and suffrage are so central to the American system of self-government that America's founders warned that limiting suffrage would risk another revolution and could prevent ratification of the Constitution. The Supreme Court held in 1820 that Congress' legislative authority over DC allows taxation of DC. Do opponents of giving DC a House seat believe that DC is suitable for taxation but not for representation?

Opponent's argument to vote No:Sen. JOHN McCAIN (R-AZ): I make a constitutional point of order against this bill on the grounds that it violates article I, section 2, of the Constitution. I appreciate the frustration felt by the residents of DC at the absence of a vote in Congress. According to many experts, DC is not a State, so therefore is not entitled to that representation. Also, one has to raise the obvious question: If DC is entitled to a Representative, why isn't Puerto Rico, which would probably entail 9 or 10 Members of Congress? [With regards to the seat for Utah], this is obviously partisan horse-trading.

Reference: District of Columbia House Voting Rights Act; Bill S.160 ; vote number 2009-S073 on Feb 26, 2009

Voted NO 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 YES 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 YES 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 campaign finance reform banning soft-money contributions.

Shays-Meehan Campaign Finance Overhaul: Vote to pass a bill that would 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 sponsored by Shays, R-CT, and Meehan D-MA; Bill HR 2356 ; vote number 2002-34 on Feb 14, 2002

Voted NO on banning soft money donations to national political parties.

Support a ban on soft money donations to national political parties but allow up to $10,000 in soft-money donations to state and local parties for voter registration and get-out-the vote activity.
Bill HR 2356 ; vote number 2001-228 on Jul 12, 2001

Voted YES on banning soft money and issue ads.

Campaign Finance Reform Act to ban "soft money" and impose restrictions on issue advocacy campaigning.
Reference: Bill sponsored by Shays, R-CT; Bill HR 417 ; vote number 1999-422 on Sep 14, 1999

Sponsored bill allowing individual votes on each earmark.

Graham introduced allowing individual votes on each earmark

OFFICIAL CONGRESSIONAL SUMMARY: A bill to provide greater accountability of taxpayers' dollars by curtailing congressional earmarking.

SPONSOR'S INTRODUCTORY REMARKS: Sen. McCAIN: This bipartisan bill changes the Senate rules to allow points of order to be raised against unauthorized appropriations and policy riders in appropriations bills and conference reports in an effort to reign in wasteful pork barrel spending.

In 1994, there were 4,126 Congressional earmarks added to the annual appropriations bills. In 2005, there were 15,877 earmarks, the largest number yet, that's an increase of nearly 300%! The level of funding associated with those earmarks has more than doubled from $23 billion in 1994 to $47 billion in 2005.

Our bill would establish a new procedure which would allow a 60-vote point of order to be raised against specific provisions that contain unauthorized appropriations, including earmarks, as well as unauthorized policy changes in appropriations bills and conference reports. Successful points of order would not kill a conference report, but the targeted provisions would be removed from the conference report.

To ensure that Members are given enough time to review appropriations bills, our proposal would also require that conference reports be available at least 48 hours prior to floor consideration.

To promote transparency, our bill requires that any earmarks included in a bill be disclosed fully in the bill's accompanying report, along with the name of the Member who requested the earmark and its essential governmental purpose.

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

Source: Pork-Barrel Reduction Act (S.2265) 06-S2265 on Feb 9, 2006

Require Internet disclosure of all earmarks.

Graham signed H.R.5258& S.3335

    The website shall be comprised of a database including the following information, in searchable format, for each earmark:
  1. The fiscal year in which the item would be funded.
  2. The number of the bill or joint resolution for which the request is made, if available.
  3. The amount of the initial request made by the Member of Congress.
  4. The amount approved by the committee of jurisdiction.
  5. The amount carried in the bill or joint resolution (or accompanying report) as passed.
  6. The name of the department or agency, and the account or program, through which the item will be funded.
  7. The name and the State or district of the Member of Congress who made the request.
  8. The name and address of the intended recipient.
  9. The type of organization (public, private nonprofit, or private for profit entity) of the intended recipient.
  10. The project name, description, and estimated completion date.
  11. A justification of the benefit to taxpayers.
  12. Whether the request is for a continuing project and if so, when funds were first appropriated for such project.
  13. A description, if applicable, of all non-Federal sources of funding.
  14. Its current status in the legislative process
Source: Earmark Transparency Act 10-HR5258 on May 11, 2010

Matching fund for small donors, with debate requirements.

Graham signed Senate Campaign Disclosure Parity Act

Congressional Summary:Fair Elections Now Act--Amends 1971 FECA with respect to:

Statement of support for corresponding Senate bill: (Sunlight Foundation) Now we bring you the Senate Campaign Disclosure Parity Act, a bill that should probably be the least controversial of all. S. 375 would simply require senators and Senate candidates to file their public campaign finance disclosure reports electronically with the Federal Election Commission, the way House candidates and presidential candidates have been filing for over a decade. A version of the bill has been introduced during every congress starting in 2003 (!) yet it has been blocked repeatedly, a victim of political football.

Sen. Jon Tester, D-Mont., has introduced the most recent version, which would ensure that paper Senate campaign finance reports are a thing of the past. But even with 50 bipartisan cosponsors, the bill faces an uphill battle. Minority Leader Mitch McConnell, R-Ky, has repeatedly prevented the bill from coming to the Senate floor. We won't be deterred--as long as McConnell continues to block the bill, we'll continue to highlight that his intransigence results in delayed disclosure of vital, public campaign finance information, not to mention wasting $500,000 in taxpayer money annually. Eventually, we'll win.

Source: S375/H.R.269 14_S375 on Feb 25, 2013

Prohibit IRS audits targeting Tea Party political groups.

Graham co-sponsored Stop Targeting of Political Beliefs by the IRS Act

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.

Source: H.R.3865 & S.2011 14-S2011 on Feb 11, 2014

Restrict campaign donations from foreigners or 3rd parties.

Graham co-sponsored restricting campaign donations from foreigners or 3rd party

To amend the Federal Election Campaign Act of 1971 to increase the penalties imposed for making or accepting contributions in the name of another and to prohibit foreign nationals from making any campaign-related disbursements.

Source: Conduit Contribution Prevention Act (H.R.1747) 1999-H1747 on May 11, 1999

Require all laws to cite Constitutional authorization.

Graham signed Enumerated Powers Act

A bill to require Congress to specify the source of authority under the United States Constitution for the enactment of laws.

Each Act of Congress shall contain a concise explanation of the specific constitutional authority relied upon for the enactment of each portion of that Act. The failure to comply with this section shall give rise to a point of order in either House of Congress. The availability of this point of order does not affect any other available relief.

Constitutional Authority for This Act: This Act proposes to establish new procedures by which legislation shall be considered by Congress and is enacted pursuant to the power granted Congress under article I, section 5, clause 2, of the United States Constitution establishing that each House may determine the rules of its proceedings.

Source: S.1319&HR450 2009-S1319 on Jun 22, 2009

Limit punitive damages; term limits on Congress.

Graham signed the Contract with America:

[As part of the Contract with America, within 100 days we pledge to bring to the House Floor the following bills]:

The Common Sense Legal Reforms Act:
“Loser pays” laws, reasonable limits on punitive damages, and reform of product liability laws to stem the endless tide of litigation.
The Citizen Legislature Act:A first-ever vote on term limits to replace career politicians with citizen legislators.
Source: Contract with America 93-CWA11 on Sep 27, 1994

Government is too big, too intrusive, too easy with money.

Graham signed the Contract with America:

This year’s election offers the chance, after four decades of one-party control, to bring to the House a new majority that will transform the way Congress works. That historic change would be the end of government that is too big, too intrusive, and too easy with the public’s money. It can be the beginning of a Congress that respects the values and shares the faith of the American family.

Like Lincoln, our first Republican president, we intend to act “with firmness in the right, as God gives us to see the right.” To restore accountability to Congress. To end its cycle of scandal and disgrace. To make us all proud again of the way free people govern themselves.

    On the first day of the 104th Congress, the new Republican majority will immediately pass the following major reforms, aimed at restoring the faith and trust of the American people in their government:
  1. Require all laws that apply to the rest of the country also apply equally to the Congress;
  2. Select a major independent auditing firm to conduct a comprehensive audit of Congress for waste, fraud, and abuse;
  3. Cut the number of House committees, and cut committee staff by one-third;
  4. Limit the terms of all committee chairs;
  5. Ban the casting of proxy votes in committee;
  6. Require committee meetings to be open to the public;
  7. Require a three-fifths majority vote to pass a tax increase
  8. Guarantee an honest accounting of our federal budget by implementing zero baseline budgeting.
Source: Contract with America 93-CWA2 on Sep 27, 1994

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Page last updated: Jun 15, 2016