Earmarks Would Only Weaken Congress
Feb 10, 2017
In November the American people voted to give Republicans unified control of the federal government because, in large part, we pledged to "drain the swamp" — that corrupt political culture prevailing in our nation's capital that enables elites to manipulate the levers of government to their advantage.
Changing business as usual in Washington is a tough fight. But we would be going the wrong way if Republicans were to lift the current ban on earmarks — those infamous provisos attached to spending bills that funnel taxpayer money to pet projects and parochial interests — as some have proposed.
The most that can be said of the proposal to revive earmarks — a practice Republicans voted to prohibit in 2010 — is that it begins from a correct observation that political dysfunction is plaguing Washington today. Article I of the Constitution vests "all legislative powers" in Congress. But in recent decades, legislators have been giving away many of their lawmaking powers to the executive branch.
So today, just as the vast majority of the federal government's rules are written by unelected bureaucrats in the executive branch, these same bureaucrats often enjoy more discretion than members of Congress in deciding how federal taxpayer money is spent.
Republicans are rightfully frustrated by this state of affairs, which has led some of our colleagues in the House to float the idea of bringing back earmarks. As they tell it, reviving earmarks would strengthen Congress by reclaiming the legislature's most potent authority: the power of the purse.
Congress needs to assert its power of the purse, but not in this manner. Letting members of Congress take credit for federal money steered to their constituents does not fix the incentive problem at the core of today's congressional dysfunction. In fact, it would only worsen it.
As anyone who worked in Washington before 2010 will remember, earmarking was not the innocuous exercise of Congress' constitutional spending power; it was the tool lobbyists and leadership used to compel members to vote for bills that their constituents — and sometimes their conscience — opposed.
The good news is that there's a better way to strengthen Congress. Instead of reviving earmarks, which would ultimately only further weaken the legislative branch, there are other ways to reinvigorate Congress' power of the purse without also reinvigorating special interests in Washington.
For example, Congress can use the authorization process to reform how federal agencies spend taxpayer dollars to ensure the process for selecting funding priorities and recipients is transparent, merit-based and consistent with congressional intent. We can also rewrite our outdated budget process rules in a way that puts Congress back into the driver's seat instead of the current role of junior partner to the executive branch.
As the co-leaders of the Article I Project, a network of House and Senate conservatives committed to putting Congress — and, by extension, the American people — back in control of Washington, our mission is to make Congress once again responsible, both in discharging its constitutional duties and making itself accountable for the consequences.
Unfortunately, bringing back earmarks would not do this. It would make our job harder, make Congress weaker and make federal power more centralized, less accountable and more corrupt. That's why we'll be working to keep the ban in place, and we invite conservatives to join us.
An unabridged version of this article, co-written by Rep. Jeb Hensarling (R-TX), first appeared in The Washington Examiner.
A Judge's Judge
Feb 3, 2017
Perhaps no other issue played a bigger role in the 2016 presidential election than filling the vacancy of Justice Antonin Scalia’s Supreme Court seat. “Millions of voters said this was the single most important issue to them when they voted for me for president,” President Trump said Tuesday night.
Reining in the Regulatory State
Feb 3, 2017
The federal regulatory state is out of control and the American economy is suffering as a result. Every year, the flurry of rules and regulations emanating from the web of administrative agencies, departments, and bureaus cost the American people between $1 trillion and $2 trillion. Regulations not only inflate the price of goods and services, squeezing the household budgets of middle-class Americans, but they also drive up the cost of doing business, so that only the biggest firms and their armies of lawyers, accountants, and compliance officers can thrive.
Sen. Lee Introduces Agency Accountability Act
Feb 3, 2017
WASHINGTON – Senator Lee (R-UT) introduced the “Agency Accountability Act of 2017” Friday, a bill that would direct most fines, fees, and other unappropriated proceeds to the Treasury, making them subject to the appropriations process.
Sens. Lee, Wyden To Lead New Public Lands Subcommittee
Feb 2, 2017
WASHINGTON – Sens. Mike Lee (R-UT) and Ron Wyden (D-OR) announced they will be leading the Committee on Energy and Natural Resources Subcommittee on Public Lands, Forestry, and Mining Thursday.
The jurisdiction of the subcommittee includes oversight and legislative responsibilities for public lands administered by the Bureau of Land Management and U.S. Forest Service, as well as management of the Outer Continental Shelf and the National Strategic Petroleum Reserve.
Lee Praises President Trump’s Supreme Court Pick
Jan 31, 2017
WASHINGTON – Sen. Mike Lee (R-UT) gave the following statement Tuesday after President Trump nominated 10th Circuit Court of Appeals Judge Neil Gorsuch to replace Justice Antonin Scalia on the Supreme Court.
“Judge Gorsuch is a tremendous pick for the Supreme Court and I look forward to doing everything I can to make sure he is confirmed by the Senate,” Lee said.
“I’ve had the privilege of arguing before Judge Gorsuch and he is extremely impressive. He is a prepared, thoughtful, and careful jurist, who has demonstrated a strong commitment to textualism and originalism. His opinions are well-reasoned and brilliantly written, and he has enriched the Tenth Circuit’s jurisprudence in a number of areas during his ten years on the court. He is a judge’s judge, who is well within the mainstream and always decides cases based on what the law says. He also always treats the parties appearing before him with dignity and respect.”
“Throughout 2016, I said the next President should pick the next Supreme Court justice. This vacancy was a central issue during the 2016 campaign and the people have spoken by electing President Trump and returning a Republican Senate majority. I applaud the President for his excellent choice, and I look forward to enthusiastically working toward Judge Gorsuch’s confirmation.”
“Judge Gorsuch is a tremendous pick for the Supreme Court and I look forward to doing everything I can to make sure he is confirmed by the Senate,” Lee said.
“I’ve had the privilege of arguing before Judge Gorsuch and he is extremely impressive. He is a prepared, thoughtful, and careful jurist, who has demonstrated a strong commitment to textualism and originalism. His opinions are well-reasoned and brilliantly written, and he has enriched the Tenth Circuit’s jurisprudence in a number of areas during his ten years on the court. He is a judge’s judge, who is well within the mainstream and always decides cases based on what the law says. He also always treats the parties appearing before him with dignity and respect.”
“Throughout 2016, I said the next President should pick the next Supreme Court justice. This vacancy was a central issue during the 2016 campaign and the people have spoken by electing President Trump and returning a Republican Senate majority. I applaud the President for his excellent choice, and I look forward to enthusiastically working toward Judge Gorsuch’s confirmation.”
Lee Praises President Trump’s “One In, Two Out” Regulatory Order
Jan 30, 2017
“President Trump’s ‘one in, two out’ regulatory order is exactly what the American economy and the American people need. Last year I introduced the Regulatory Budget Reform Act, which would have accomplished much of what this executive order does, and would make the policy permanent.”
Lee Introduces Bill to Lower Federal Construction Costs
Jan 30, 2017
WASHINGTON – Sen. Mike Lee (R-UT) introduced the Davis-Bacon Repeal Act Monday, a bill that would save American taxpayers billions in construction costs.
The Short on Competition Act
Jan 27, 2017
“Our drug industry has been disastrous,” then-President-elect Trump said in his first post-election news conference earlier this month. “They’re getting away with murder.”
Okay, murder may be an exaggeration, but pharmaceutical companies are getting away with charging far more for their products in this country than they do in others. But as is often the case, the real problem here is not too little government intervention in the marketplace, but too much.
The Opportunity to Defund Planned Parenthood
Jan 27, 2017
“Life is winning in America,” declared Vice President Mike Pence today as he spoke to the countless thousands of Americans assembled on the national mall for the annual March for Life. Vice President Pence’s presence at the rally was itself evidence of the momentum behind the pro-life movement in America. Today marked the March for Life’s 44th consecutive year, but it was the first time that a government official as high ranking as the Vice President attended in person to speak to the crowd.