Name: Mo Brooks
Congress: Alabama, District: 5, Republican
Cumulative Freedom Index Score: 74%
Status: Active Member of the House
Score Breakdown:
77% (114th Congress: 2015-2016); 62% (113th Congress: 2013-2014); 82% (112th Congress: 2011-2012)
S 2943: National Defense Authorization Act (NDAA)
Vote Date: December 2, 2016 Vote: AYE Bad Vote.
This bill (S. 2943) authorizes $611.2 billion for military programs in fiscal year 2017, including $59.5 billion for foreign operations in Afghanistan, Iraq, and Syria. Among its many provisions, the massive bill creates a “Global Engagement Center” to counter “foreign state and non-state propaganda and disinformation efforts.” Dubbed an Orwellian “Ministry of Truth” by critics including THE NEW AMERICAN, this new government propaganda center is authorized to “provide financial support” to (among others) “media content providers,” including “local independent media who are best placed to refute foreign disinformation and manipulation in their own communities.”
The House passed the NDAA on December 2, 2016 by a vote of 375 to 34 (Roll Call 600). We have assigned pluses to the nays because the authorizations in this bill go way beyond providing for our national defense. Our foreign military interventions in the Middle East in particular have exacerbated terrorism and undermined U.S. security. The creation of the Orwellian “Global Engagement Center,” which was added to the NDAA without Congress being able to vote on it as a stand-alone bill, also falls outside the scope of legitimate national defense. Rather than agreeing to the version of NDAA they did, our lawmakers should have rejected it and passed instead a constitutionally sound version.
H R 5293: Warrantless Surveillance
Vote Date: June 16, 2016 Vote: NAY Bad Vote.
During consideration of the Defense Appropriations bill (H.R. 5293), Representative Thomas Massie (R-Ky.) introduced an amendment to bar the use of funds in the bill from being used to conduct warrantless searches of Americans’ digital communications that have crossed the U.S. border. Massie noted in a letter to his colleagues that “the Director of National Intelligence has confirmed that the government searches vast amounts of data — including the content of emails and telephone calls — without individualized suspicion or probable cause,” and that “the director of the FBI has also confirmed that it uses this information to build criminal cases” against Americans. Massie added that the National Intelligence and FBI directors “are not above the Fourth Amendment, and this practice should end.” Massie’s amendment would also prohibit funds from being used to pressure companies to build “backdoors” into their products for surveillance.
The House rejected Massie’s amendment on June 16, 2016 by a vote of 198 to 222 (Roll Call 321). We have assigned pluses to the yeas because Massie’s amendment seeks to uphold the Constitution and its protection of privacy rights.
H R 5293: Authorization for Use of Military Force
Vote Date: June 16, 2016 Vote: NAY Bad Vote.
During consideration of the Defense Appropriations bill (H.R. 5293), Representative Barbara Lee (D-Calif.) introduced an amendment to prohibit the use of funds in the bill for the 2001 Authorization for Use of Military Force Act. Enacted in the wake of 9/11, the AUMF authorized the president to “use all necessary and appropriate force” against the terrorists involved, as well as those who aided or harbored them. It was used as the authorization for U.S. military entry into Afghanistan in 2001, and over the years has also been invoked on other occasions by the executive branch to justify U.S. military intervention abroad.
The House rejected Lee’s amendment on June 16, 2016 by a vote of 146 to 274 (Roll Call 330). We have assigned pluses to the yeas because presidents have been able to claim broad authority to go to war whenever or wherever they choose under the AUMF, despite the fact that the Founding Fathers never intended for one man to make this decision, and under the Constitution only Congress may “declare war.”
H R 5471: Countering Terrorist Radicalization Act
Vote Date: June 16, 2016 Vote: AYE Bad Vote.
This bill (H.R. 5471) would authorize the Homeland Security Department to train state and local law enforcement in methods for countering violent extremism and terrorism. This training would take place at fusion centers that have been established across the nation by the Homeland Security Department and the U.S. Department of Justice for promoting information sharing between agencies such as the CIA, FBI, U.S. Department of Justice, U.S. military, and state- and local-level governments. It also would require the department to incorporate testimonials of former extremists and their friends and families into its efforts to combat terrorist recruitment and communications.
The House passed H.R. 5471 on June 16 , 2016 by a vote of 402 to 15 (Roll Call 333). We have assigned pluses to the nays because providing federal training to state and local law-enforcement programs is not only unconstitutional, but also further federalizes the police system.
H R 4909: Use of Military Force
Vote Date: May 18, 2016 Vote: NAY Bad Vote.
During consideration of the National Defense Authorization Act (H.R. 4909), Representative Barbara Lee (D-Calif.) introduced an amendment to repeal the Authorization for Use of Military Force (AUMF) that was enacted in 2001 for the purpose of authorizing U.S. military intervention in Afghanistan in the wake of the 9/11 terror attacks. Since then, however, the AUMF has been invoked numerous times by the executive branch for U.S. military intervention not only in Afghanistan but elsewhere.
The House rejected Lee’s amendment on May 18, 2016 by a vote of 138 to 285 (Roll Call 210). We have assigned pluses to the yeas because presidents have been able to claim broad authority to go to war whenever or wherever they choose under the AUMF, despite the fact that the Founding Fathers never intended for one man to make this decision, and under the Constitution only Congress may “declare war.”
H R 597: Export-Import Bank
Vote Date: October 27, 2015 Vote: AYE Bad Vote.
This bill (H.R. 597), the Export-Import Bank Reform and Reauthorization Act of 2015, would reauthorize the Export-Import Bank’s charter through fiscal 2019. Additionally,the bill would reduce the limit on the Ex-Im Bank’s outstanding loans, guarantees,and insurance from $140 billion to $135 billion, as well as prohibit the bank from issuing new loans if the default rate reaches two percent. Under the new charter,the Ex-Im Bank would be required to increase the amount of its financing dedicated to small businesses from 20 to 25 percent,and be subject to a Government Accountability Office audit every four years.
The House passed H.R. 597 on October 27, 2015 by a vote of 313 to 118 (Roll Call 576). We have assigned pluses to the nays because the Export-Import Bank is a poster boy for corporate cronyism. The government finances or insures foreign purchases from U.S. companies that commercial banks are unwilling or unable to finance owing to the political or commercial risks inherent in the deals, leaving taxpayers on the hook in the event of default. Constitutionally speaking, the U.S. government should not be underwriting private businesses at taxpayers’ expense, regardless of whether or not such businesses are small,“mom and pop” companies.
H R 2393: Country of Origin Labeling Amendments Act of 2015
Vote Date: June 10, 2015 Vote: AYE Bad Vote.
Country of Origin Labeling.
The proposed Country of Origin Labeling Amendments Act of 2015 (H.R. 2393) would amend the Agricultural Marketing Act of 1946 to repeal the requirements of Country of Origin Labeling (COOL) for beef, chicken, and pork sold in the United States. This vote came after the World Trade Organization's recent ruling against an appeal from the United States to keep its COOL. Representative Thomas Massie (R-Ky.) opposed passage of the bill to repeal COOL. From the House floor, Massie elaborated: "What is the World Trade Organization, and who are they to tell Congress what laws we have to pass? These judges weren't appointed by the President. They weren't confirmed by the Senate. These are not judges from our Constitution. These are extra-constitutional judges, yet they are telling us here in Congress you have got to do this or there will be repercussions."
The House passed H.R. 2393 on June 10, 2015 by a vote of 300 to 131 (Roll Call 333). We have assigned pluses to the nays because this bill would cede national sovereignty over food-related choices and regulations to the WTO. Moreover, this bill would prevent American consumers from knowing where their food comes from.
H R 1731: National Cybersecurity Protection Advancement Act of 2015
Vote Date: April 23, 2015 Vote: AYE Bad Vote.
Cyberspace Intelligence Sharing.
The proposed National Cybersecurity Protection Advancement Act (NCPA) of 2015 (H.R. 1731) would amend the Homeland Security Act of 2002 to expand the role of the Department of Homeland Security's National Cybersecurity and Communication Integration Center, designating it the principal federal entity to receive and disseminate information about cyberspace threats from and to private companies and other federal agencies.
Expressing opposition to both H.R. 1731 and H.R. 1560, another related cybersecurity intelligence bill, Congressman Justin Amash (R-Mich.) said, "As drafted, these bills violate the Fourth Amendment, override privacy laws, and give the government unwarranted access to the personal information of potentially millions of Americans."
The House passed H.R. 1731 on April 23, 2015 by a vote of 355 to 63 (Roll Call 173). We have assigned pluses to the nays because this bill would further empower the unconstitutional Department of Homeland Security, erode the privacy protections enshrined in the Constitution, and gradually move the United States closer to becoming a police state.
H RES 162: Calling on the President to provide Ukraine with military assistance to defend its sovereignty and territorial integrity.
Vote Date: March 23, 2015 Vote: AYE Bad Vote.
Ukraine Military Aid.
House Resolution 162, which calls on the president "to provide Ukraine with military assistance to defend its sovereignty and territorial integrity," allows President Obama to provide Ukraine with defensive weapons to defend against aggression from Russia.
The House adopted H. Res. 162 on March 23, 2015 by a vote of 348 to 48 (Roll Call 131). We have assigned pluses to the nays not only because foreign aid is unconstitutional but also because this bill would further interject the United States into a foreign conflict. Allowing the U.S. president to provide lethal arms to Ukraine in order to fight Russia is tantamount to waging a proxy war on Russia without the constitutionally required congressional declaration of war. The House, by giving such power to the president, is relinquishing one of its constitutional responsibilities.
H R 4870: On Agreeing to the Amendment 52 to H R 4870
Vote Date: June 19, 2014 Vote: NAY Bad Vote.
Militarizing Local Police.
During consideration of the Defense Appropriations bill, Representative Alan Grayson (D-Fla.) introduced an amendment that would have prohibited any funding in the bill from being used to transfer excess military equipment, such as aircraft (including drones), armored vehicles, grenade launchers, and bombs, to local police departments. "Those weapons have no place in our streets, regardless of who may be deploying them," Grayson said in remarks supporting his amendment.
The House rejected Grayson's amendment on June 19, 2014 by a vote of 62 to 355 (Roll Call 329). We have assigned pluses to the yeas because the proper role of local police is undermined by converting them into militarized units more suitable for occupying hostile territory than for protecting their local communities from the criminal element. Providing local police with "free" U.S. military equipment also greases the skids for more federal control, leading ultimately to nationalized police beholden to Washington as opposed to independent police departments beholden to local citizens acting through their elected officials.
H R 4870: On Agreeing to the Amendment 56 to H R 4870
Vote Date: June 19, 2014 Vote: NAY Bad Vote.
Military Operations in Afghanistan.
During consideration of the Defense Appropriations bill, Representative Barbara Lee (D-Calif.) introduced an amendment that would have barred any funding in the bill from being used "pursuant to the Authorization for Use of Military Force [AUMF] ... after December 31, 2014," the date that was set as the official end of U.S. combat operations in Afghanistan. Enacted in 2001 in the wake of 9/11, the AUMF has been invoked numerous times by the executive branch for U.S. military intervention not only in Afghanistan but elsewhere.
The House rejected Lee's amendment on June 19, 2014 by a vote of 157 to 260 (Roll Call 330). We have assigned pluses to the yeas because presidents have been able to claim broad authority to go to war whenever or wherever they choose under the AUMF, despite the fact that the Founding Fathers never intended for one man to make this decision and under the Constitution only Congress may "declare war."
H R 4435: On Agreeing to the Amendment 13 to H R 4435
Vote Date: May 22, 2014 Vote: NAY Bad Vote.
Indefinite Military Detention.
During consideration of the National Defense Authorization Act for fiscal 2015 (NDAA, H.R. 4435), Rep. Adam Smith (D-Wash.) introduced an amendment to prohibit the indefinite military detention of any person detained under the Authorization for the Use of Military Force authority in the United States, its territories, or possessions by providing immediate transfer to a trial and proceedings by a court. It also would strike language that would provide for mandatory military custody of covered parties.
The House rejected Smith's amendment on May 22, 2014 by a vote of 191 to 230 (Roll Call 234). We have assigned pluses to the yeas because any attempt to limit or prohibit indefinite military detention is desirable, especially since persons detained may include U.S. citizens. Indefinite military detention is a blatant violation of the Sixth Amendment, and an executive who can wield such powers is akin to a monarch or dictator. As Rep. Smith said during consideration of the amendment: "That is an enormous amount of power to give the Executive: to take someone and lock them up without due process. It is not necessary. This President has not used the authority. President George W. Bush did not use it after about 2002 and then only in a couple of instances. It is not necessary. It is an enormous amount of power to grant the Executive, and I believe places liberty and freedom at risk in this country."
H R 4435: On Agreeing to the Amendment 17 to H R 4435
Vote Date: May 22, 2014 Vote: NAY Bad Vote.
Use of Military Force.
During consideration of the National Defense Authorization Act for fiscal 2015 (NDAA, H.R. 4435), Rep. Adam Schiff (D-Calif.) introduced an amendment to sunset the 2001 Authorization for the Use of Military Force 12 months after the enactment of the 2015 NDAA.
The House rejected Schiff's amendment on May 22, 2014 by a vote of 191 to 233 (Roll Call 237). We have assigned pluses to the yeas because the Authorization for the Use of Military Force, while granted by Congress, gives the president almost unlimited powers to invade countries, overthrow governments, and assassinate people under the pretext of waging the "war on terror." Congress essentially handed over its constitutional authority to declare war to the executive branch, thus giving the executive unconstitutional abilities. Any attempt to end the Authorization for the Use of Military Force is a step in the right direction.
H R 4152: To provide for the costs of loan guarantees for Ukraine
Vote Date: April 1, 2014 Vote: AYE Bad Vote.
Ukraine Aid.
This bill (H.R. 4152), as amended by the Senate (see Senate vote below), would provide $150 million for direct aid to Ukraine. It would also provide for loan guarantees (meaning that U.S. taxpayers would be stuck holding the bag if the loans are not paid). And it would impose sanctions on Russian and ex-Ukrainian officials deemed responsible for the crisis in the Ukraine.
[ The Senate version of this legislation - offered in the form of a substitute amendment to the House version, H.R. 4152 - would provide $150 million for direct aid to Ukraine. It would also provide for loan guarantees (meaning that the U.S. taxpayers would be stuck holding the bag if the loans are not paid). And it would impose sanctions on Russian and ex-Ukrainian officials deemed responsible for the crisis in the Ukraine. ]
The House voted for this legislation on April 1, 2014 by a vote of 378 to 34 (Roll Call 149). We have assigned pluses to the nays because foreign aid is unconstitutional. The rationale for providing U.S. aid to Ukraine is that the country needs our assistance to resist Russian hegemony and build "democracy." Yet the oligarchs wielding power in Ukraine are hardly "democrats," and (because money is fungible) U.S. assistance could effectively be funneled to Russia in the form of Ukrainian energy and debt payments.
H R 2642: To provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2018, and for other purposes
Vote Date: January 29, 2014 Vote: AYE Bad Vote.
Farm and Food Programs.
This bill (H.R. 2642) would reauthorize federal farm and nutrition programs through fiscal 2018, including crop subsidies and the Supplemental Nutrition Assistance Program, or SNAP, formerly known as food stamps. Though this bill is entitled the Agriculture Act of 2014, most of the funding in the bill is not for agricultural programs but for food programs. The Congressional Budget Office estimated that the final version of this legislation (conference report) would cost $956 billion over 10 years, of which $756 billion would be for nutrition programs.
The House passed the conference report on January 29, 2014 by a vote of 251 to 166 (Roll Call 31). We have assigned pluses to the nays because both farm aid and food aid are unconstitutional. The food subsidy programs are supposed to help the poor, but in practice they have done little to lift people out of poverty, as evidenced by the growing number of recipients of these programs.
H R 2397: On Agreeing to the Amendment 54 to H R 2397
Vote Date: July 24, 2013 Vote: NAY Bad Vote.
U.S.-China Joint Military Exercises.
During consideration of the defense appropriations bill (H.R. 2397), Rep. Steve Stockman (R-Texas) offered an amendment to prohibit funds to "be used for United States military exercises which include any participation by the People's Republic of China." On September 6, 2013, after this amendment was rejected, three Chinese warships arrived at Pearl Harbor to participate in a joint one-day search-and-rescue drill with the U.S. Navy guided-missile cruiser U.S.S. Lake Erie. The joint exercise was conducted on September 9, 2013. On November 12, 2013, for the first time in U.S. history, Chinese People's Liberation Army troops put boots on U.S. soil as they participated in a joint "Disaster Management Exchange" with the U.S. Army Pacific, the Hawaii Army National Guard, and the U.S. Army Corps of Engineers. The amendment to prohibit the use of funds for such ventures was intended to prevent the U.S. military from participating in them.
The House rejected Stockman's amendment on July 24, 2013 by a vote of 137 to 286 (Roll Call 404). We have assigned pluses to the yeas because communist China is a self-proclaimed enemy of the United States, responsible for the deaths of tens of millions of people in the 20th century; continues to persecute countless political dissenters, Christians, and other religious minorities; and has recently threatened to target and destroy U.S. cities with nuclear-tipped ICBMs. Military collaboration with the Chinese regime will not diminish the security threat it poses to the United States but, if anything, heighten it.
H R 2397: On Agreeing to the Amendment 64 to H R 2397
Vote Date: July 24, 2013 Vote: NAY Bad Vote.
Military Intervention.
During consideration of the defense appropriations bill (H.R. 2397), Rep. Adam Schiff (D-Calif.) offered an amendment to prohibit funding for military actions after December 31, 2014 that are carried out pursuant to the 2001 Authorization for Use of Military Force (AUMF). As Rep. Schiff noted: "The 2001 AUMF was never intended to authorize a war without end, and it now poorly defines those who pose a threat to our country. That authority and the funding that goes along with it should expire concurrent with the end of our combat role in Afghanistan."
Schiff also noted: "The Constitution vests the Congress with the power to declare war and the responsibility of appropriating funds to pay for it. It is our most awesome responsibility and central to our military efforts overseas. We owe it to the men and women we send into combat to properly define and authorize their mission, and my amendment will effectively give Congress the next 16 months to do so."
The House rejected Schiff's amendment on July 24, 2013 by a vote of 185 to 236 (Roll Call 410). We have assigned pluses to the yeas because only Congress has the constitutional authority to declare war and appropriate funds to pay for it. Authorizing the president to use military force without a declaration of war is a shifting of responsibility from Congress to the executive branch that essentially allows the president to exercise dictator-like powers and should be opposed.
H R 2397: On Agreeing to the Amendment 70 to H R 2397
Vote Date: July 24, 2013 Vote: NAY Bad Vote.
NSA Surveillance of Phone Records.
During consideration of the defense appropriations bill (H.R. 2397), Rep. Justin Amash (R-Mich.) offered an amendment to end the blanket collection of records under the Patriot Act. Amash's amendment would also prevent the NSA and other agencies from using provisions of the Patriot Act to collect records, including phone records, from persons who are not subject to an investigation. As Rep. Amash noted during the debate on his amendment, "My amendment ... limits the government's collection of the records to those records that pertain to a person who is the subject of an investigation pursuant to section 215 [of the Patriot Act]."
The House rejected Amash's amendment on July 24, 2013 by a vote of 205 to 217 (Roll Call 412). We have assigned pluses to the yeas because any effort to limit the collection of Americans' personal information by the surveillance state is a good thing. Blanket collection of electronic records of citizens who are not under investigation is a violation of the Fourth Amendment's prohibition on search and seizure without a warrant.
H R 2397: On Agreeing to the Amendment 30 to H R 2397
Vote Date: July 23, 2013 Vote: NAY Bad Vote.
Buying Russian Helicopters for Afghan Security Forces.
During consideration of the defense appropriations bill (H.R. 2397), Rep. Mike Coffman (R-Colo.) introduced an amendment to defund a Defense Department purchase of 30 Russian Mi-17 helicopters. Circumventing Congress, the Defense Department on June 13, 2013 awarded a $553.8 million contract to the Russian state-owned arms export firm Rosoboronexport for the purchase of the helicopters. Coffman's amendment would specifically strip that amount from the DOD's Afghanistan Security Forces Fund.
The House adopted Coffman's amendment on July 23, 2013 by a vote of 346 to 79 (Roll Call 390). We have assigned pluses to the yeas because it is preposterous that the United States would take U.S. taxpayer dollars to purchase helicopters for the new Afghan military from Rosoboronexport, a Russian state-owned export company that has manufactured and supplied arms to enemy states, such as Iran and Syria.
H R 1947: Federal Agriculture Reform and Risk Management Act
Vote Date: June 20, 2013 Vote: AYE Bad Vote.
Farm and Food Programs.
This legislation (H.R. 1947) would authorize roughly $939 billion through fiscal 2018 for federal farm aid, nutrition assistance, rural development, etc. This bill would also institute programs to manage milk supplies and subsidies for farmers. Significantly, this proposed legislation would restrict eligibility for the Supplemental Nutrition Assistance Program (SNAP), known as food stamps, and allow states to conduct drug testing on SNAP applicants.
The House rejected H.R. 1947 on June 20, 2013 by a vote of 195 to 234 (Roll Call 286). We have assigned pluses to the nays because this legislation would call for nearly $1 trillion in unconstitutional spending. The constitution does not authorize the federal government to subsidize food, farmers, or poverty. These subsidies have resulted in large market distortions as the government essentially picks winners and losers in the food production industry, and the fact that the number of people enrolled in food stamp programs has grown consistently illustrates that these programs do little to lift people out of poverty.
H R 1960: On Agreeing to the Amendment 12 to H R 1960
Vote Date: June 13, 2013 Vote: NAY Bad Vote.
Indefinite Military Detention.
During consideration of the defense authorization bill (H.R. 1960), Rep. Adam Smith (D-Wash.) offered an amendment to eliminate indefinite military detention of any person detained in the United States, its territories, or possessions, under the 2001 Authorization for Use of Military Force. Smith's amendment would call for the immediate transfer of such detained persons to trial in a civilian court. Furthermore, Smith's amendment would repeal a provision of the 2012 defense authorization law that requires mandatory military custody of members or associates of al-Qaeda who planned or carried out attacks against the United States or its coalition partners.
The House rejected Smith's amendment on June 13, 2013 by a vote of 200 to 226 (Roll Call 228). We have assigned pluses to the yeas because indefinite detention without trial is a serious violation of long-cherished legal protections including the right to habeas corpus, the issuance of a warrant based on probable cause (Fourth Amendment), and the right to a "speedy and public" trial (Sixth Amendment). Under the National Defense Authorization Act, the president may abrogate these rights simply by designating terror suspects, including Americans, as "enemy combatants." A government that would lock up anyone indefinitely without trial is certainly moving toward tyranny, and legislation to prevent this abuse of power is needed.
H R 2217: On Agreeing to the Amendment 27 to H R 2217
Vote Date: June 5, 2013 Vote: NAY Bad Vote.
Homeland Security Ammunition Purchases. During consideration of the Homeland Security appropriations bill (H.R. 2217), Rep. Mark Meadows (R-N.C.) offered an amendment specifying that "none of the funds made available by this Act may be used for entering into a new contract for the purposes of purchasing ammunition" until the Department of Homeland Security submits a report to Congress about its purchase and use of ammunition. Meadows explained on the floor of the House that a recent large ammunition purchase by DHS was a cause for concern. "Earlier this year, it was reported that DHS solicited bids for some 1.1 billion rounds of ammunition," he noted. "This was more than 10 times the amount that the Department purchased in fiscal year 2012." Meadows added that the current inventory of ammunition for the 62,618 DHS employees certified in firearms amounts to nearly 4,000 rounds per person.
The House adopted Meadows' amendment on June 5, 2013 by a vote of 234 to 192 (Roll Call 204). We have assigned pluses to the yeas because the size of DHS ammunition purchases is alarming - particularly considering that under our constitutional system domestic law enforcement is a local and state responsibility.
H R 624: Cyber Intelligence Sharing and Protection (CISPA) Act
Vote Date: April 18, 2013 Vote: AYE Bad Vote.
Cyber Intelligence Sharing and Protection Act (CISPA). This legislation (H.R. 624) would further legalize the massive sharing of private-user online data by Internet companies with federal government agencies, such as the National Security Agency (NSA), that has already been happening for years. As Robert X. Cringely posted in his article "The CISPA Circus: Send in the Clowns" on InfoWorld.com on April 19, the day after the CISPA bill passed in the House: "The problem with CISPA is that in its current form it's still vague and ripe for abuse. It absolves corporations of being responsible for what happens to the data they've collected. It allows data sharing with the entire federal government, not just the parts responsible for ensuring our safety. It circumvents other laws designed to limit governmental access to private information. And it can be deployed for a wide range of perceived threats that have nothing to do with attacks on our nation's infrastructure."
The House passed CISPA on April 18, 2013 by a vote of 288 to 127 (Roll Call 117). We have assigned pluses to the nays because the massive sharing of private citizens' online data by Internet companies with federal government agencies authorized by this bill violates "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" as set forth in the Fourth Amendment of the Constitution.
H R 933: Department of Defense, Military Construction and Veterans Affairs, and Full-Year Continuing Appropriations Act, 2013
Vote Date: March 21, 2013 Vote: AYE Bad Vote.
Continuing Appropriations for Fiscal 2013. This appropriations bill (H.R. 933) would finance the federal government through the end of fiscal 2013. Its provisions include five full-year appropriations bills - Agriculture, Commerce-Justice-Science, Defense, Homeland Security, and Military Construction-VA. It would also continue appropriations for the remainder of the federal government at 2012 levels, with certain adjustments. The spending includes $1.043 trillion in "discretionary" (non-mandatory) spending before sequestration.
In general, this appropriations bill perpetuates the Washington spendathon without making the needed decisions to slash government spending and eliminate deficit spending - projected to be $973 billion for fiscal 2013 in the budget Obama submitted in April.
H.R. 5949: FISA Amendments Act Reauthorization Act of 2012
Vote Date: September 12, 2012 Vote: AYE Bad Vote.
FISA. The proposed FISA Amendments Act Reauthorization Act of 2012 (H.R. 5949) would reauthorize for five years, through 2017, the Foreign Intelligence Surveillance Act (FISA), which governs electronic surveillance of foreign terrorism suspects. The law allows warrantless surveillance of foreign targets who may be communicating with people in the United States, provided that the secret FISA court approves surveillance procedures.
The Senate passed H.R. 5949 on September 12, 2012 by a vote of 301 to 118 (Roll Call 569). We have assigned pluses to the nays because warrantless surveillance is unconstitutional and violates privacy and individual liberty. While ostensibly carried out only on "foreign suspects" communicating with U.S. citizens, it is difficult to imagine this surveillance not extending to U.S. citizens.
H.Amdt. 1414 to H.R. 5856: An amendment to reduce appropriations made in Title IX of the bill by $20,843,869,000. The reduction shall not apply to the following accounts 1) Defense Health Program; 2) Drug Interdiction and Counter-Drug Activities, Defense; 3) Joint Improvised Explosive Device Defeat Fund; and 4) Office of the Inspector General.
Vote Date: July 18, 2012 Vote: NAY Bad Vote.
Afghanistan Withdrawal (Defense Appropriations Reduction). During consideration of the Defense appropriations bill for fiscal 2013 (H.R. 5856), Rep. Barbara Lee (D-Calif.) proposed an amendment to cut overseas military spending by almost $21 billion. The intent behind the amendment was to allow enough funding for an orderly withdrawal from the unpopular war in Afghanistan but not enough to continue the conflict. According to Rep. Lee, the original bill includes over $85 billion for the war in Afghanistan.
The House rejected Lee's amendment on July 18, 2012 by a vote of 107 to 312 (Roll Call 485). We have assigned pluses to the yeas because the massive expenditure on undeclared foreign wars and nation building is unconstitutional and unaffordable.
H.Amdt.1127 to H.R.4310: An amendment numbered 46 printed in House Report 112-485 to strike section 1022 of the FY2012 NDAA and amend Section 1021 of same Act to eliminate indefinite military detention of any person detained under AUMF authority in U.S., territories or possessions by providing immediate transfer to trial and proceedings by a court established under Article III of the Constitution of the United states or by an appropriate State court.
Vote Date: May 18, 2012 Vote: NAY Bad Vote.
Indefinite Detention. Detainee-related language in the National Defense Authorization Act (H.R. 4310) is so sweeping that American citizens accused of being terrorists can be detained by the U.S. military and held indefinitely without habeas corpus and without even being tried and found guilty in a court of law.
Rep. Adam Smith (D-Wash.) offered an amendment to strike this language from the bill, but the House rejected Smith's amendment on May 18, 2012 by a vote of 182 to 238 (Roll Call 270). We have assigned pluses to the yeas because the War on Terror must not be allowed to destroy constitutional legal protections, including the issuance of a warrant based on probable cause (Fourth Amendment) and the right to a trial (Sixth Amendment).
H.R. 2072: Export-Import Bank Reauthorization Act of 2012
Vote Date: May 9, 2012 Vote: AYE Bad Vote.
Export-Import Bank. This legislation (H.R. 2072) reauthorized the U.S. Export-Import Bank for two years and increased the agency's lending cap from $100 billion to $140 billion. The bank issues loans and loan guarantees to foreign governments or companies for the purchase of U.S. products.
The House passed H.R. 2072 on May 9, 2012 by a vote of 330 to 93 (Roll Call 224). We have assigned pluses to the nays because the federal government has no constitutional authority risking taxpayers' money to provide loans and terms that the private sector considers too risky to provide. Indeed, U.S. government-backed export financing is a form of corporate welfare, and if the Ex-Im Bank goes bust (as happened to Freddie Mac and Fannie Mae), the taxpayers will get stuck holding the bag.
H.R. 3521: Expedited Legislative Line-Item Veto and Rescissions Act of 2012
Vote Date: February 8, 2012 Vote: AYE Bad Vote.
Line-item Veto. This bill (H.R. 3521) would allow the President to rescind all or part of any dollar amount of funding for discretionary spending items in enacted appropriations bills. Although both houses of Congress would have to approve any such rescissions, they would be forced to do so very quickly by the bill's expedited procedures, including a prohibition on amendments in both Houses and filibusters in the Senate.
This bill dramatically and unilaterally enhances the power of the executive branch. Note that Article I, Section 1 and Article I, Section 7, Clauses 2 and 3, of the U.S. Constitution vest Congress with all legislative powers. Any bill that shifts legislative power away from Congress and to the President is violating the constitutionally defined separation of powers for the legislative and executive branches. A similar line-item veto law was passed when Clinton was President. That one was found to be unconstitutional by the Supreme Court.
The House passed H.R. 3521 on February 8, 2012 by a vote of 254 to 173 (Roll Call 46). We have assigned pluses to the nays because providing any form of line-item veto power to the President violates the Constitution's separation of powers.
H.R. 3080: United States-Korea Free Trade Agreement Implementation Act
Vote Date: October 12, 2011 Vote: AYE Bad Vote.
South Korea Trade Agreement. On a single day - October 12, 2011 - both the House and Senate approved three separate trade agreements with South Korea, Colombia, and Panama. These measures are three more in a series of "free-trade agreements" intended to transfer the power to regulate trade (and eventually other powers too) to super-national arrangements via a step-by-step process. NAFTA is a prime example of such an arrangement. So is the developing continental government now known as the European Union, which is an outgrowth of a free-trade arrangement once called the Common Market. In fact, the Common Market-EU trajectory to regional governance served as a model for the formation of NAFTA.
The South Korea agreement, to quote Congressional Quarterly, is "considered the most economically important trade deal since the 1994 North American Free Trade Agreement." For this reason, the "Freedom Index" editors selected this vote over the other two (Colombia and Panama) for inclusion in this index.
The House passed H.R. 3080, the measure to implement the South Korea trade agreement, on October 12, 2011 by a vote of 278 to 151 (Roll Call 783). We have assigned pluses to the nays because agreements such as this one are intended to transfer trade (and other) powers to super-national arrangements binding the United States, despite the fact that under the Constitution only Congress has the power "to regulate commerce with foreign nations."
The House agreed to this legislation on March 21, 2013 by a vote of 318 to 109 (Roll Call 89). We have assigned pluses to the nays because passage of this mammoth continuing resolution provided a way for Congress to perpetuate its fiscally irresponsible, unconstitutional spending habits with a minimum of accountability to its constituents.
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