Sam Brownback on Government Reform Republican Sr Senator (KS)

Supports Constitutional Amendment to allow DC representation

A: I have chaired the DC Subcommittee, both the authorizing and the Appropriations subcommittee. I support the residents of DC the right to vote. But there’s a way to do it and there’s a way not to do it. And the way to do it is to amend the Constitution, and the way not to do it is to pass something that’s unconstitutional. In the 23rd Amendment to the Constitution, it gave D.C. the right to vote for president. But it didn’t give them the right to vote for Congress. And what you have to do what we have to do. And what I support is amending the Constitution so they can have the right to vote. D.C. deserves that right. There’s a way to do it, there’s a way not to do it.

Ok if church identifies candidates who favor its principles

• HUCKABEE: Yes.
• TANCREDO: Yes.
• COX: Yes. Let’s get rid of the entire IRS while we’re at it.
• BROWNBACK: Yes.
• PAUL: Yes.
• HUNTER: Yes.
• KEYES: Yes.

Consistent supporter of tort reform

• Voted for the Securities Litigation Uniform Standards Act that limited the conduct of securities class actions under state law (Roll Call #135, 05/13/98)
• Voted for the Class Action Fairness Act in 2005 (Roll Call #9, 02/10/05) that sought to curb lawsuits by shifting suits from state to federal courts, and by limiting attorney’s fees in non-cash settlements
• Vote for a bill that would place caps on damage awards in medical malpractice suits against obstetricians and gynecologists (Roll Call #15, 02/24/04)

Frailty of culture cannot be compensated for by government

Since self-government can only be cultivated, not coerced, it has been the work of culture-shaping institutions to encourage and equip individuals and groups to, on the one hand, exercise self-restraint and self-discipline, and, on the other, show concern and compassion for others. The frailty of cultural institutions, therefore, cannot be compensated for by increasing the power and reach of government. The work of cultivating virtue is one of moral suasion, not of legislation. The Senate could pass a law tomorrow requiring that we all love one another, but little would change. Law is a teacher, but it cannot effectively mold character. Without vigorous and vibrant cultural institutions, the development of democratic character will not occur.

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

• The District of Columbia shall be considered a Congressional district for purposes of representation in the House of Representatives.
• DC shall not be considered a State for purposes of representation in the US Senate.
• Reapportionment [census-based House seats] shall apply with respect to DC in the same manner as it applies to a State, except that DC may not receive more than one Member.
• Effective with the 112th Congress, the House of Representatives shall be composed of 437 Members, including the Member representing DC.
• The State of Utah is entitled to one additional Representative pursuant to this reapportionment.

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.

Voted NO on granting the District of Columbia a seat in Congress.

• Considers D.C. a congressional district for purposes of representation in the House.
• D.C. shall not be considered a state for representation in the Senate.
• Limits D.C. to one Member under any reapportionment.
• Increases membership of the House from 435 to 437.
• Entitles Utah to one additional Representative until the next census, and modifies the reapportionment formula thereafter.

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.

Voted YES on allowing some lobbyist gifts to Congress.

Proponents of the amendment say to vote NAY on the tabling motion because:
• Using the term "registered lobbyist'' will create a huge loophole. The Ethics Committee treats the actual listed lobbyists as registered lobbyists, but not the organization.
• So, for example, a company can give a Senator free tickets to a show or a baseball game, as long as a lobbyist doesn't actually offer or handle them. If the lobbyist's secretary makes the call, that would be permitted.
• If these companies can still give gifts, we won't have a real lobbyist gift ban. We won't be able to look the American people in the eye and say, "We just banned gifts from lobbyists,'' because we didn't.

Opponents of the amendment say to vote YEA on the tabling motion because:
• I can tolerate not accepting gifts from lobbyists. But this amendment goes a step further which is problematic.

  For example, I am a big fan of McDonald's. What about the kids working behind the counter? Would they be considered registered lobbyists because McDonald's has lobbyists? Would I not be able to go to lunch with my longtime friend who owns 12 McDonald's?

• Every company in the Fortune 1000 employs a lobbyist, either a private firm or an in-house lobbyist. Under this amendment, every person who works for Exxon, Wal-Mart, Home Depot, and countless other businesses that employ lobbyists in Washington would be considered registered lobbyists.
• If we want to ban the CEO and chairman of the board of the company from paying for a meal, or the head of a labor union, do that specifically. But this is so broadly developed I think it goes way beyond that.

Voted NO on establishing the Senate Office of Public Integrity.

Proponents of the bill say to vote YEA because:
• We have heard from the media about the bribes and scandals, but we have heard only silence from the House Ethics Committee. One of the greatest travesties of these scandals is not what Congress did, but what it didn't do.
• The American people perceive the entire ethics system--House and Senate--to be broken. We can pass all the ethics reforms we want--gift bans, travel bans, lobbying restrictions--but none of them will make a difference if there isn't a nonpartisan, independent body that will help us enforce those laws.
• The Office of Public Integrity established in this amendment would provide a voice that cannot be silenced by political pressures. It would have the power to initiate independent investigations and bring its findings to the Ethics Committees in a transparent manner.

Opponents of the bill say to vote NAY because:
• The Constitution gave us not only the right but the duty to create our own rules, including the rules concerning our ethics. They are enforced internally by the Senate itself.
• The decisions made under this amendment would be no different than right now. The final decision will be made by the Senate Ethics Committee. All this really does is find a way to further publicize that complaints have been made.
• We have people accusing us almost daily of having done something wrong and publishing it through blogs and all that. I think we should be very careful in setting up another tool for these bloggers to create more charges against the Senate.
• I cannot support an amendment that either replaces the Senate Ethics Committee or adds another layer to our already expensive and time-consuming process. I urge the Senate to defeat this provision.

Voted NO on banning "soft money" contributions and restricting issue ads.

Voted YES on require photo ID (not just signature) for voter registration.

Voted NO on banning campaign donations from unions & corporations.

Voted NO on funding for National Endowment for the Arts.

Voted NO on favoring 1997 McCain-Feingold overhaul of campaign finance.

Require all laws to cite Constitutional authorization.

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.