United States Representative Ron Estes speaking at the Park City Chamber of Commerce. Recorded August 30, 2017.
By Karl Peterjohn
While it has become increasingly common for members of the U.S. Supreme Court to make news by public comments, particularly during their summer recess, Wichita Pachyderm Club members had the opportunity for Kansas federal district Judge Eric F. Melgren to quote from his judicial colleagues in a way of defending the Constitution’s concept of the separation of powers. Judge Melgren cited various appellate court rulings, particularly as they related to the largely little known Chevron decision, that damages that constitutional protection at his July 21 speech in Wichita.
Judge Melgren, a former member of this club before his selection as the U.S. attorney for Kansas that was followed by his 2008 elevation to a federal district court post, began by discussing this governmental paradox, “those who favor (government) efficiency, or inefficient, representative government,” and he quoted from three appellate decisions as well as several of Madison’s Federalist papers to make this point.
The founders feared tyrannical government and worried about this new government having too much power. That is the reason for the three separate branches where Congress writes the law, the executive branch administers the law, and the judiciary interprets it. This system of checks and balances make government very inefficient, and Melgren cited Madison’s Federalist 47.
Judge Melgren followed by quoting Supreme Court Justice Clarence Thomas’s opinion in the Department of Transportation v. American Railroads case on this point. Our progressive law has now put the power of taking a general federal statute and having a federal agency basically write the rules and regulations that are then administered by the bureaucracy, and if a dispute arises, is then settled in the agencies own administrative law courts. Congress, often the executive, and unless extensive litigation occurs, the courts are all bypassed. The Chevron decision pushed these legal disputes away from the courts and back to bureaucratic resolutions.
This creates an environment where the bureaucracy has assumed much of the law making powers, administers the law, and then has their own administrative courts to interpret it.
In theory, the bureaucracy is part of the executive branch and reports to the president. However, as U.S. attorney Melgren was reminded by his staff that they would be there after he had left that office. This also applies to the rest of the federal government’s bureaucracy.
To amplify upon this situation Melgren quoted from then federal appeals court judge Gorsuch in an immigration case that turned on the legal question of which conflicting rules from the government applied. The U.S. Supreme Court’s little known but legally controversial Chevron decision took this issue away from the federal courts and gave it to the professional bureaucracy. Gorsuch’s opinion was part of this 10th circuit (federal appellate court) case involving the U.S. justice department in 2016.
Then President Obama’s rule making authority was at issue, that created this legal problem in the realm of federal administrative law making. This was also a problem in Thomas’ opinion in the railroad case.
Justice Thomas warned about this dangerous trend. This amplified the warning Gorsuch bemoans in the weakening of the separation of powers in his appellate case. Thomas warned that too often we abrogated and allowed the power to make laws by administrative fiat. It might help make, as is often suggested, “make the trains run on time,” although Judge Melgren expressed serious doubts on this point there was no doubt about the cost to our Constitution, and the individual liberty it is supposed to protect.
Judge Melgren spoke about the Chevron decision’s impact where the courts must defer to administrative agencies. “Apply the law as it is, and not how they wish it to be,” citing Gorsuch’s opinion, this means that the separation of powers is being totally undermined by the Chevron edict. The solution is: legislation. Law writing is arduous and difficult, but this is not a bug in the system, but this difficulty is a constitutional protection.
This shift in power under Chevron would astonish the founders if they could see our current system as seen by the growth in the federal government in general. Judge Melgren pointed out that within the lifetime of some of the Pachyderm Club members the number of judges in the federal court system in Kansas had expanded from one in 1940 to six today, and that excludes a number of senior federal judges who have officially “retired,” but still on occasion hear about 1/3 of the total number of cases in the three federal courthouses (Wichita, Topeka, and K.C.) in Kansas. Melgren mentioned his late colleague Judge Brown, who was an appointee of President Kennedy and was still hearing cases while over 100 years old. Judge Brown passed away at the age of 104.
Melgren readily acknowledged that the separation of powers was not absolute. The federal court system underneath the supreme court is created by congress. The close to 1,000 federal district and appellate judges operate nationally within an organization structure created by Congress.
Melgren’s last case he quoted was from Kansas Supreme Court Justice Caleb Stegall’s opinion in the selection of district court judges, Sullivan v. Kansas. Stegall’s separation of powers argument cited Madison’s Federalist 51 concerning the concentration of power in any one government agency.
Stegall applied the warnings over the separation of powers and the direction that state law has taken going back to Kansas Supreme Court cases granting additional administrative power going back to a 1976 ruling that involved the complexity created by the separation of powers. The separation of powers was a critical constitutional concept that is a key to protecting our liberties from government expansion.
This cautionary litany of judicial rulings quoted by Judge Melgren served as a legal foundation concerning our Constitution and the separation of powers legal structure. The Chevron decision that weakens our liberty, and expands government’s powers, places a roadblock in the effort to preserve, protect and defend our liberty with this important constitutional protection of the separation of powers today.
Video of this speech is available on YouTube. Click here.
This is an audio recording of a debate on the theme “Should the U.S. implement austerity measures due to the national debt?” The event was sponsored by Up To Us, a nationwide campus competition in which students create thought-provoking, fun campaigns to raise awareness about a critical issue affecting their future — the long-term national debt. This event took place at Emporia State University on February 15, 2016. Participants were Bob Weeks of Voice for Liberty at wichitaliberty.org and Professor Max Skidmore of University of Missouri, Kansas City. Michael Smith of ESU was the faculty coordinator, and Rob Catlett of ESU was the moderator.
Partners in Up To Us include:
Peter G. Peterson Foundation. The Peter G. Peterson Foundation is a nonprofit organization whose mission is to increase public awareness of the nature and urgency of key fiscal challenges threatening America’s future and to accelerate action on them.
Clinton Global Initiative University. Building on the successful model of the Clinton Global Initiative, which brings together world leaders to take action on global challenges, the Clinton Global Initiative University (CGI U) was launched to engage the next generation of leaders on college campuses around the world.
Net Impact. Net Impact is the leading nonprofit that inspires a new generation to work within and beyond business for a sustainable future. Net Impact empowers student and professional leaders to act locally through a vibrant chapter network and connect globally online and through Net Impact’s flagship conference.
Congressman Mike Pompeo, fourth district of Kansas, offered his perspective on recent happenings in Europe, the Middle East and Washington, D.C., at a luncheon gathering of the Wichita Pachyderm Club November 20, 2015. View below, or click here to view in high definition at YouTube. Videography by Paul Soutar.
For those of us who are elected officials, few votes will be more consequential than whether to approve or disapprove the nuclear agreement President Obama has reached with Iran. Yet the president expects Congress to cast this vote without the administration’s fully disclosing the contents of the deal to the American people, write Representative Mike Pompeo and Senator Tom Cotton.
Release the Secret Iran Deals
By Tom Cotton and Mike Pompeo
As printed in the Wall Street Journal
For those of us who are elected officials, few votes will be more consequential than whether to approve or disapprove the nuclear agreement President Obama has reached with Iran. Yet the president expects Congress to cast this vote without the administration’s fully disclosing the contents of the deal to the American people. This is unacceptable and plainly violates the Iran Nuclear Agreement Review Act — a law the president signed only weeks ago.
During a recent trip to Vienna to meet with the International Atomic Energy Agency, the organization charged with verifying Iran’s compliance, we learned that certain elements of this deal are — and will remain — secret. According to the IAEA, those involved with the negotiations, including the Obama administration, agreed to allow Iran to forge the secret side deals with the IAEA on two issues.
The first governs the IAEA’s inspection of the Parchin military complex, the facility long suspected as the site of Iran’s long-range ballistic-missile and nuclear-weapons development. The second addresses what — if anything — Iran will be required to disclose about the past military dimensions of its nuclear program.
Yet the Iran Nuclear Agreement Review Act specifically says that Congress must receive all nuclear agreement documents, including any related to agreements “entered into or made between Iran and any other parties.” It expressly includes “side agreements.” This requirement is not strictly limited to agreements to which the U.S. is a signatory. This law passed in May, well before the nuclear negotiations ended. The Obama administration should have held firm in negotiations to obtain what was necessary for Congress to review the agreement. Iran, not the U.S., should have conceded on this point.
Weaponization lies at the heart of our dispute with Iran and is central to determining whether this deal is acceptable. Inspections of Parchin are necessary to ensure that Iran is adhering to its end of the agreement. Without knowing this baseline, inspectors cannot properly evaluate Iran’s compliance. It’s like beginning a diet without knowing your starting weight. That the administration would accept side agreements on these critical issues — and ask the U.S. Congress to do the same — is irresponsible.
The response from the administration to questions about the side deals has brought little reassurance. At first the administration refrained from acknowledging their existence. Unable to sustain that position, National Security Adviser Susan Rice said on July 22 during a White House press briefing that the administration “knows” the “content” of the arrangements and would brief Congress on it.
Yet the same day Secretary of State John Kerry, in a closed-door briefing with members of Congress, said he had not read the side deals. And on July 29 when pressed in a Senate hearing, Mr. Kerry admitted that a member of his negotiating team “may” have read the arrangements but he was not sure.
That person, Undersecretary of State and lead negotiator Wendy Sherman, on July 30 said in an interview on MSNBC, “I saw the pieces of paper but wasn’t allowed to keep them. All of the members of the P5+1 did in Vienna, and so did some of my experts who certainly understand this even better than I do.”
A game of nuclear telephone and hearsay is simply not good enough, not for a decision as grave as this one. The Iran Nuclear Agreement Review Act says Congress must have full access to all nuclear — agreement documents — not unverifiable accounts from Ms. Sherman or others of what may or may not be in the secret side deals. How else can Congress, in good conscience, vote on the overall deal?
On July 30 we sent a letter to the Obama administration asking for a “complete and thorough assessment of the separate arrangements” and the names of anyone who has reviewed them. Iran’s ayatollahs have access to the side agreements. The American people’s representatives in the U.S. Congress should too.
When he announced his nuclear deal with Iran on July 14, President Obama said, “This deal is not built on trust, it is built on verification.” Those words are hollow unless Congress receives the full text of all documents related to the nuclear agreement.
Mr. Cotton, a Republican from Arkansas, is a member of the Senate Select Committee on Intelligence. Mr. Pompeo, a Republican from Kansas, is a member of the House Permanent Select Committee on Intelligence.
U.S. Representative Mike Pompeo, a Republican who represents the Kansas fourth district and Arkansas Senator Tom Cotton recently traveled to Vienna to meet with officials of the International Atomic Energy Agency (IAEA). They have revealed the existence of two side deals between Iran and IDEA that are important and relevant to the deal negotiated by Secretary of State John Kerry and promoted by President Barack Obama. According to a Pompeo spokesperson, the existence of these side deals was not a secret, having been mentioned in an IDEA press release from July 14. But the content of the agreements is secret, and their significance unknown.
Following, two press releases from July 21 and 22 from Pompeo’s office.
July 21, 2015
Pompeo, Cotton Urge Disclosure of Complete Iran Nuclear Deal
IAEA tells the lawmakers that two inspections arrangements regarding Iran’s past military work will remain secret
WASHINGTON, D.C. — Congressman Mike Pompeo (KS-04) and Senator Tom Cotton (R-Arkansas) on Friday had a meeting in Vienna with the International Atomic Energy Agency (IAEA), during which the agency conveyed to the lawmakers that two side deals made between the Islamic Republic of Iran and the IAEA as part of the Joint Comprehensive Plan of Action (JCPOA) will remain secret and will not be shared with other nations, with Congress, or with the public. One agreement covers the inspection of the Parchin military complex, and the second details how the IAEA and Iran will resolve outstanding issues on possible military dimensions of Iran’s nuclear program.
According to the IAEA, the Iran agreement negotiators, including the Obama administration, agreed that the IAEA and Iran would forge separate arrangements to govern the inspection of the Parchin military complex — one of the most secretive military facilities in Iran — and how Iran would satisfy the IAEA’s outstanding questions regarding past weaponization work. Both arrangements will not be vetted by any organization other than Iran and the IAEA, and will not be released even to the nations that negotiated the JCPOA. This means that the secret arrangements have not been released for public scrutiny and have not been submitted to Congress as part of its legislatively mandated review of the Iran deal.
Parchin is a critical linchpin in the Iranian nuclear program that has long-been suspected of both long-range ballistic missile and nuclear weapons development. In 2011, the IAEA suspected that the facility was used to conduct high-explosive experiments as part of an effort to build nuclear weapons.
Even under the woefully inadequate Iran Nuclear Agreement Review Act, the Obama administration is required to provide the U.S. Congress with all nuclear agreement documents, including all “annexes, appendices, codicils, side agreements, implementing materials, documents, and guidance, technical or other understandings and any related agreements, whether entered into or implemented prior to the agreement or to be entered into or implemented in the future.”
Pompeo said: “This agreement is the worst of backroom deals. In addition to allowing Iran to keep its nuclear program, missile program, American hostages, and terrorist network, the Obama administration has failed to make public separate side deals that have been struck for the ‘inspection’ of one of the most important nuclear sites—the Parchin military complex. Not only does this violate the Iran Nuclear Agreement Review Act, it is asking Congress to agree to a deal that it cannot review.
“The failure to disclose the content of these side agreements begs the question, ‘What is the Obama administration hiding?’ Even members of Congress who are sympathetic to this deal cannot and must not accept a deal we aren’t even aware of. I urge my colleagues on both sides of the aisle to stand up and demand to see the complete deal.”
Cotton said: “In failing to secure the disclosure of these secret side deals, the Obama administration is asking Congress and the American people to trust, but not verify. What we cannot do is trust the terror-sponsoring, anti-American, outlaw regime that governs Iran and that has been deceiving the world on its nuclear weapons work for years. Congress’s evaluation of this deal must be based on hard facts and full information. That we are only now discovering that parts of this dangerous agreement are being kept secret begs the question of what other elements may also be secret and entirely free from public scrutiny.”
July 22, 2015
Pompeo, Cotton, Boehner and McConnell Request President Obama Disclose Secret Side Agreements to Iran Nuclear Deal
Washington, D.C. — Congressman Mike Pompeo (R-KS) and Senator Tom Cotton (R-AR) today joined House Speaker John Boehner and Senate Majority Leader Mitch McConnell in sending a letter to President Obama requesting two side agreements between the IAEA and Iran be provided to Congress.
The letter reads, in part:
The purpose of the Iran Nuclear Agreement review Act is to ensure Congress has a fully informed understanding of the JCPOA. Failure to produce these two side agreements leaves Congress blind on critical information regarding Iran’s potential path to being a nuclear power and will have detrimental consequences for the ability of members to assess the JCPOA. We request you transmit these two side agreements to Congress immediately so we may perform our duty to assess the many important questions related to the JCPOA.
The Iran Nuclear Agreement Review Act was passed before the end of negotiations and the Obama Administration was well aware of its responsibility to submit all related agreements and documents to Congress. It is therefore incumbent on the Administration to secure those side agreements and submit them to Congress for review.
The letter comes after a recent meeting between Congressman Mike Pompeo and Senator Tom Cotton and the International Atomic Energy Agency (IAEA) in Vienna, during which the agency conveyed that two side deals made between the Islamic Republic of Iran and the IAEA as part of the Joint Comprehensive Plan of Action (JCPOA) will remain secret and will not be shared with other nations, with Congress, or with the public. The first agreement covers the inspection of the Parchin military complex, and the second details how the IAEA and Iran will resolve outstanding issues on possible military dimensions of Iran’s nuclear program.
The full text of the letter can be found here.
Kansans Tim Huelskamp and Mike Pompeo are among the eight U.S. House Members who scored 100 percent for 2014 on Club for Growth’s scorecard.
Club for Growth describes itself as “a national network of over 100,000 pro-growth, limited government Americans who share in the belief that prosperity and opportunity come from economic freedom.”
On the scorecard for 2014, released today, Kansas Representatives Tim Huelskamp and Mike Pompeo voted with the Club for Growth’s preferred position one hundred percent of the time. So did six other members of the House of Representatives.
On the club’s Senate scorecard for 2014, Pat Roberts was ranked at number 11 with a score of 90, far above his lifetime score of 76. Jerry Moran was ranked at spot 25, with a score of 69 (lifetime score 73).
U.S. Rep. Mike Pompeo calls for an end to a wasteful federal economic development agency.
If you think a proper function of the federal government is spending your tax dollars to build replicas of the Great Pyramids in Indiana or a gift shop in a winery, you’re not going to like legislation introduced by U.S. Representative Mike Pompeo, a Republican who represents the Kansas fourth district, including the Wichita metropolitan area.
Others, however, will appreciate H.R. 661: EDA Elimination Act of 2015. In the following article from 2012, Pompeo explains the harm of the Economic Development Administration, which he describes as a “politically motivated federal wealth redistribution agency.” Pompeo had introduced similar legislation in the past, and this bill keeps the effort alive in the new Congress.
In his article Pompeo mentions the trip by Assistant Secretary of Commerce for Economic Development John Fernandez to Wichita. This was in conjunction with EDA’s grant to Bombardier, part of which was to facilitate production of a new airplane, the LearJet 85. Since then, Fernandez has moved on to the private sector, working for a law firm in a role that seems something like lobbying.
Unfortunately, earlier this year Bombardier mothballed the LearJet 85 project, with industry observers doubting it will be revived.
End the Economic Development Administration — Now
By U.S. Representative Mike Pompeo, January, 2012
As part of my efforts to reduce the size of government, I have proposed to eliminate the Economic Development Administration (EDA), a politically motivated federal wealth redistribution agency. Unsurprisingly, the current leader of that agency, Assistant Secretary of Commerce for Economic Development John Fernandez, has taken acute personal interest in my bill to shutter his agency.
Last week, Secretary Fernandez invited himself to Wichita at taxpayer expense and met with the Wichita Eagle’s editorial board. Afterwards, the paper accurately noted I am advocating eliminating the EDA even though that agency occasionally awards grant money to projects in South Central Kansas. They just don’t get it. Thanks to decades of this flawed “You take yours, I’ll take mine” Washington logic, our nation now faces a crippling $16 trillion national debt.
I first learned about the EDA when Secretary Fernandez testified in front of my subcommittee that the benefits of EDA projects exceed the costs and cited the absurd example of a $1.4 million award for “infrastructure” that allegedly helped a Minnesota town secure a new $1.6 billion steel mill. As a former CEO, I knew there is no way that a taxpayer subsidy equal to less than one-tenth of one percent (0.1%) of the total capital needed made a difference in launching the project. That mill was getting built whether EDA’s grant came through or not. So, I decided to dig further.
I discovered that the EDA is a federal agency we can do without. Similar to earmarks that gave us the infamous “Bridge to Nowhere” or the Department of Energy loan guarantee scandal that produced Solyndra, the EDA advances local projects that narrowly benefit a particular company or community. To be sure, the EDA occasionally supports a local project here in Kansas. But it takes our tax money every year for projects in 400-plus other congressional districts, many if not most of which are boondoggles. For example: EDA gave $2 million to help construct UNLV’s Harry Reid Research and Technology Park; $2 million for a “culinary amphitheater,” tasting room, and gift shop at a Washington state winery; and $500,000 to construct (never-completed) replicas of the Great Pyramids in rural Indiana.
Several times in recent decades, the Government Accountability Office has questioned the value and efficacy of the EDA. Good-government groups like Citizens Against Government Waste have called for dismantling the agency. In addition, eliminating the EDA was listed among the recommendations of President Obama’s own bipartisan Simpson-Bowles Deficit Reduction Commission.
So why hasn’t it been shut down already? Politics. The EDA spreads taxpayer-funded project money far and wide and attacks congressmen who fail to support EDA grants. Soon after that initial hearing, Secretary Fernandez flew in his regional director — again at taxpayer expense — to show me “all the great things we are doing in your home district” and handed me a list of recent and pending local grants. Hint, hint. You can’t say I wasn’t warned to back off. Indeed, Eagle editors missed the real story here: Secretary Fernandez flew to Wichita because he is a bureaucrat trying to save his high-paying gig. The bureaucracy strikes back when conservatives take on bloated, out-of-control, public spending, so I guess I’m making progress.
Please don’t misunderstand. I am not faulting cities, universities, or companies for having sought “free” federal money from the EDA. The fault lies squarely with a Washington culture that insists every program is sacred and there is no spending left to cut.
A federal agency run at the Assistant Secretary level has not been eliminated in decades. Now is the time. My bill to eliminate the EDA (HR 3090) would take one small step toward restoring fiscal sanity and constitutional government.
Cato Institute scholars Alex Nowrasteh, Aaron Ross Powell, Neal McCluskey, Mark Calabria, Bill Watson, Chris Edwards, Gene Healy, Chris Preble, Julian Sanchez, Pat Michaels and Trevor Burrus respond to President Obama’s 2015 State of the Union Address. View below, or click here to view in high definition at YouTube.
Video produced by Caleb O. Brown, Austin Bragg and Tess Terrible.
Controversy over the timing and efficacy of an earmark divert attention from the fact that earmarks are bad government. Congress is better without the practice.
United States Congressional candidate Todd Tiahrt calls for a return to earmark spending in Congress, pointing to a million-dollar grant he obtained for Wichita to help defray costs of the Wichita Police Department in investigating and capturing serial killer Dennis Rader, or BTK. The Daily Caller has a report, as does the Wichita Eagle. Neither story is supportive of Tiahrt’s claim that earmarks were responsible for the capture of the BTK killer.
Speaking to the Wichita Pachyderm Club on May 16, Tiahrt defended the earmarking process, telling the audience “By the way, earmarks don’t raise spending. Earmarks never increase the budget. They simply redirect the funding.” (The complete broadcast of his talk is available at Voice for Liberty Radio: Todd Tiahrt.)
This is the standard argument: Earmarks simply direct the spending of money that is already authorized to be spent. Therefore, earmarking does not increase the amount spent. But this reasoning bypasses the fact that it is Congress that authorizes a certain amount to be spent. If Congress is concerned that too much is being spent, it could authorize less.
This notion that discretionary spending is on a trajectory that can’t be controlled; that all a hapless Congress can do is control where it is spent by earmarking: This is nonsense. Nonsense on stilts. Some of the problems with earmark spending are contained in For Tiahrt, earmarks are good government.
Logrolling, or the selling of earmarks
Many Members of Congress sell earmarks to the home district as a beneficial way to have the country as a whole to pay for our needs. It’s usually presented as though it is free money. Taxpayers across the country are paying for something in the home district, members say.
But as most people know in their hearts, there really is no free lunch. If Members of Congress expect other members to vote for their earmarks, they know they’re expected to vote for the earmarks of other members. This is precisely what happens.
The BTK earmark happened in 2005. In 2007 a group of House Members offered 50 amendments to remove earmarks from appropriations bills. Club for Growth compiled the following list, along with a scorecard of votes for each member. I’ve presented the list of amendments below, and you can view the project at The 2007 Club for Growth RePORK Card. It includes items like $150,000 for the Bremerton Public Library restoration in Washington, $129,000 for the Mitchell County Development Foundation for the home of the “perfect Christmas tree” project, and $100,000 for the Kansas Regional Prisons Museum in Lansing.
So two years after the BTK earmark for the Wichita Police Department, there were 50 opportunities for our representatives to make a simple up-or-down vote on wasteful pork barrel spending projects. Only one of these amendments passed.
Todd Tiahrt voted against all of these amendments. He, along with 81 Democrats and 23 other Republicans, could find no good reason to vote against any of these projects.
So while Wichita received help paying for a police investigation, we in the fourth congressional district had to pay for all these other projects. After all, how could Tiahrt ask his congressional colleagues to support his own earmarks if he did not support theirs?
Congress is better without earmarks
While there has been a ban on earmarks since 2010, some members and candidates call for a return to earmarking. But a recent Wall Street Journal editorial explains the benefit of the ending of earmarks and a return to accountability in legislative decision-making:
Congressional cries to restore earmarks are mounting, and a new favorite argument is that the spenders need the pork authority to properly exercise their Constitutional power of the purse. But if you look at what’s happening inside Congress, the opposite is true: The earmark ban is producing more spending accountability and oversight. … When Senate Democratic Whip Dick Durbin now pines for the days when earmarks were the “glue” holding bills together, what he’s really missing is leadership’s power to dole out home-state patronage. Pork-barrel Republicans who say the earmark ban has transferred spending power to the President are excusing their own unwillingness to set priorities. … This process put House Members in control of spending decisions, even as it required them to choose on the basis of fact and analysis — rather than logrolling.
(“Logrolling” is the practice of supporting others’ projects in order to gain support for yours. Vote trading, in other words.)
At the same May 2014 Pachyderm Club meeting, Tiahrt said that earmark spending is still happening, but now it’s directed through the executive branch. Congress has given President Obama a “blank check,” Tiahrt told the audience. The Wall Street Journal editorial board disagrees.
Following is the list of 50 amendments that would have canceled pork barrel spending projects in 2007.
House Vote 559 — Bars funding of $150,000 for the Clover Bend Historic Site in Arkansas. Amendment failed, 98-331.
House Vote 560 — Bars funding of $100,000 for the St. Joseph’s College Theatre Renovation in Indiana. Amendment failed, 97-328.
House Vote 561 — Bars funding of $150,000 for the Maverick Concert Hall preservation in New York. Amendment failed, 114-316.
House Vote 562 — Bars funding of $150,000 for the Bremerton Public Library restoration in Washington. Amendment failed, 98-333.
House Vote 565 — Bars funding of $140,000 for the Wetzel County Courthouse in West Virginia. Amendment failed, 104-323.
House Vote 566 — Bars funding of $150,000 for equipment for the Conte Anadromous Fish Laboratory. Amendment failed, 97-330.
House Vote 567 — Bars funding of $150,000 for the W.A. Young and Sons Foundry in Pennsylvania. Amendment failed, 104-328.
House Vote 568 — Bars funding of $100,000 for the Ohio Association of Professional Firefighters to renovate a hall in Ohio. Amendment failed, 66-364.
House Vote 569 — Bars funding of $1,200,000 for projects related to the Southwestern Pennsylvania Heritage Route. Amendment failed, 86-343.
House Vote 590 — Bars funding of $231,000 for the Grace Johnstown Area Regional Industries Incubator and Workforce Development program in Pennsylvania. Amendment failed, 87-335.
House Vote 591 — Bars funding of $500,000 for a project in the Barracks Row area of Washington, D.C. Amendment failed, 60-361.
House Vote 592 — Bars funding of $231,000 for the San Francisco Planning and Urban Research Association’s SPUR urban center. Amendment failed, 102-317.
House Vote 593 — Bars funding of $129,000 for the Mitchell County Development Foundation for the home of the “perfect Christmas tree” project. Amendment passed, 249-174.
House Vote 594 — Bars funding of $231,000 for the West Virginia University Research Corporation’s renovation of a small-business incubator. Amendment failed, 101-325.
House Vote 595 — Bars funding of $231,000 for the Abraham Lincoln National Airport Commission. Amendment failed, 107-318.
House Vote 597 — To remove 148 requested earmarks from the bill. Amendment failed, 48-372.
House Vote 636 — Bars funding of $1,000,000 for the Center for Instrumented Critical Infrastructure in Pennsylvania. Amendment failed, 98-326.
House Vote 637 — Bars funding of $1,500,000 for the South Carolina Historically Black Colleges and Universities Science and Technology Initiative. Amendment failed, 70-357.
House Vote 638 — Bars funding of $500,000 for the Emmanuel College Center for Science Partnership in Massachusetts. Amendment failed, 79-337.
House Vote 639 — Bars funding of $1,000,000 for nano-structured fuel cell membrane electrode assembly in California. Amendment failed, 81-348.
House Vote 640 — Strikes numerous earmarks from the bill. Amendment failed, 39-388.
House Vote 654 — Bars funding of $34,000,000 for the Alaska Native Education Equity program and other programs. Amendment failed, 74-352.
House Vote 663 — Strikes all earmarks in the bill. Amendment failed, 53-369.
House Vote 664 — Bars funding of $300,000 for its Bay Area Science Teacher Recruitment, Retention and Improvement Initiative. Amendment failed, 89-341.
House Vote 667 — Bars funding of $300,000 for the On Location Entertainment Industry Craft and Technician Training project at West Los Angeles College in Culver City, CA. Amendment failed, 114-316.
House Vote 668 — Bars funding of $150,000 for the American Ballet Theatre in New York City for educational activities. Amendment failed, 118-312.
House Vote 669 — Bars funding of $150,000 for the South Carolina Aquarium in Charleston, S.C. Amendment failed, 70-360.
House Vote 670 — Bars funding of $100,000 for the Kansas Regional Prisons Museum in Lansing, Kan. Amendment failed, 112-317.
House Vote 671 — Bars funding of $200,000 for the Corporation for Jefferson’s Popular Forest in Forest, VA. Amendment failed, 68-360.
House Vote 678 — Bars funding of $2,000,000 for the Charles B. Rangel Center for Public Service at the City College of New York in New York City. Amendment failed, 108-316.
House Vote 679 — Bars funding of $200,000 for the American Jazz Museum in Kansas City, MO. Amendment failed, 96-327.
House Vote 698 — Bars funding of $300,000 for the Belmont Complex in Kittanning, PA. Amendment failed, 87-335.
House Vote 699 — Bars funding of $400,000 for the North Central Wisconsin Regional Planning Commission in Wausau, WI. Amendment failed, 68-356.
House Vote 700 — Bars funding of $50,000 for the National Mule and Packers Museum in Woodlake, CA. Amendment failed, 69-352.
House Vote 701 — Bars funding of $300,000 for the Friends of Cheat Rails-to-Trails Program in West Virginia. Amendment failed, 81-342.
House Vote 702 — Bars funding of $300,000 for the Houston Zoo in Texas. Amendment failed, 77-347.
House Vote 705 — Bars funding of $150,000 for the Edmonds Center for the Arts in Edmonds, WA. Amendment failed, 97-327.
House Vote 706 — Bars funding for “parking facilities”. Amendment failed, 86-338.
House Vote 735 — Bars funding of $200,000 for the Lobster Institute at the University of Maine in Orono, Maine. Amendment failed, 87-328.
House Vote 736 — Bars funding of $250,000 for the East Coast Shellfish Research Institute in Toms River, NJ. Amendment failed, 77-337.
House Vote 809 — Bars funding of $878,046 for the Catfish Pathogen Genomic Project in Auburn, AL. Amendment failed, 74-357.
House Vote 810 — Bars funding of $628,843 for grape genetics research in Geneva, NY. Amendment failed, 76-353.
House Vote 811 — Bars funding of $400,000 for the alternative uses of a tobacco grant in Maryland. Amendment failed, 94-337.
House Vote 812 — Bars funding of $489,000 for Ruminant Nutrition Consortium in Montana, North Dakota, South Dakota and Wyoming. Amendment failed, 74-355.
House Vote 813 — Bars funding of $6,371,000 for the wood utilization grant in Mississippi, North Carolina, Minnesota, Maine, Michigan, Idaho, Tennessee, Arkansas and West Virginia. Amendment failed, 68-363.
House Vote 839 — Bars funding of $2,500,000 for the Presidio Trust national park in San Francisco, CA. Amendment failed, 94-311.
House Vote 842 — Bars funding of $2,000,000 for the “Paint Shield for Protecting People from Microbial Threats.” Amendment failed, 91-317.
House Vote 843 — Bars funding of $1,500,000 for the Doyle Center for Manufacturing Technology in Pittsburgh, PA. Amendment failed, 98-312.
House Vote 844 — Bars funding of $3,000,000 for the Lewis Center for Education Research in Apple Valley, CA. Amendment failed, 57-353.
House Vote 845 — Bars funding of $39,000,000 for the National Drug Intelligence Center in Johnstown, PA. Amendment failed, 109-301.
Kansas Senator Pat Roberts promotes his fiscal conservatism, but failed to vote in favor of earmark reform in a recent close vote.
In 2012 an amendment to a Senate bill was offered that would have dramatically reformed the earmark process.
The purpose of the amendment, according to Congress.gov, is “to prohibit earmarks.” Although offered in 2012, the short title of the amendment was “Earmark Elimination Act of 2011”
The nub of the amendment was “It shall not be in order in the Senate to consider a bill or resolution introduced in the Senate or the House of Representatives, amendment, amendment between the Houses, or conference report that includes an earmark.”
The amendment was rejected by a vote of 59 to 40. Among Democratic Party members, the vote was 44 to 7 against the amendment. For Republican Party members, the vote was 33 to 13 in favor of the amendment.
One of the 13 Republicans who voted against this reform-minded amendment was Pat Roberts of Kansas.
Appearing today on The Joseph Ashby Show, candidate for United States House of Representatives Todd Tiahrt defended the practice of earmarking federal spending.
He said that Congress should take away the president’s pen, and should do that by allocating funding properly. When pressed by the host, Tiahrt repeated that earmarks do not increase spending.
This is the standard argument: Earmarks simply direct the spending of money that is already authorized to be spent. Earmarking does not increase the amount spent. Which, of course, bypasses the fact that Congress authorizes a certain amount to be spent. If Congress is concerned that too much is being spent, it could authorize less.
There is broad agreement among limited-government conservatives that earmarks are harmful. Taxpayers for Common Sense concludes:
Earmarks reflect a broken budget process. Too often earmarks reward parochial interests at the expense of national needs. The earmarking process also often subverts established merit-based, competitive, or formula-driven budget processes without debate. Ultimately earmarks may fund projects many people consider “good” projects, but the earmark process does not guarantee these are the most beneficial and worthwhile projects.
At The Heritage Foundation, commentary on a Harvard Business school study opened with:
What happens when a state is lucky enough to have one of their Senators ascend to one of the three most powerful committee chairmanships? According to a new study by three Harvard Business School the average state then experiences a 40 to 50 percent increase in earmark spending (the figure is a smaller 20% for powerful House committees). So this new government spending is then a boon to the state right? The public spending stimulates economic growth right? Wrong. Turns out, increased federal spending is connected with a decrease in corporate capital expenditures and employment.
It should be noted that while in Congress, Tiahrt served on the Committee on Appropriations, one of the “powerful House committees” referred to. Further evidence of Tiahrt’s attitude is that today on Ashby’s show he referred to Jim DeMint, the former senator, anti-earmark crusader, and now president of Heritage, as a failure.
At The Cato Institute, Tad DeHaven wrote that earmarks are a symptom of a larger problem:
There just isn’t much difference between the activities funded via earmarking and the activities funded by standard bureaucratic processes. The means are different, but the ends are typically the same: federal taxpayers paying for parochial benefits that are properly the domain of state and local governments, or preferably, the private sector. As a federal taxpayer, I’m no better off if the U.S. Dept. of Transportation decides to fund a bridge in Alaska or if Alaska’s congressional delegation instructs the DOT to fund the bridge.
Therefore, earmarking is a symptom of the problem. The problem is the existence of programs that enables the federal government to spend money on parochial activities.
Also at Cato, Dan Mitchell makes the most important argument:
Last but not least, earmarks are utterly corrupt. The fact that they are legal does not change the fact that they finance a racket featuring big payoffs to special interests, who give big fees to lobbyists (often former staffers and Members), who give big contributions to politicians. Everyone wins … except taxpayers.
United States Representative Mike Pompeo of Wichita has been appointed to the Select Committee on the Events Surrounding the 2012 Terrorist Attack in Benghazi. I spoke with him today in his Wichita office on this topic and a few others.
On the composition of the committee — seven Republicans and five Democrats — Pompeo explained that the majority party usually has a majority on committees of this type. A “Select” committee like this has a very narrow charter. The committee will have staff and counsel, and will deliver a report. After that, the committee will disband.
Critics of this committee point to the several committees that have already held hearings on this matter and the thousands of documents produced. What can this committee accomplish? Pompeo said that despite all the previous activity, we do not know everything. The Ben Rhodes email that was supplied just last week is an example.
Pompeo said the administration has not been very cooperative. The committee wants to learn what decisions were made on September 11, 2012, how were the decisions made, and by whom.
While the committee operates in a political environment, Pompeo said that the six other Republicans on the committee (the Democratic members have not been named) are “workhorses,” who will work to come to a factual conclusion. It may be, he said, that conservatives will disappointed in the output of the committee, in that the facts show that there was no wrongdoing or malfeasance. If that is what the facts show, that’s what will be in the committee’s report, he said.
It is not known whether Democrats will boycott the committee. Pompeo said it’s important that Democrats participate in the committee proceedings, as this will best serve the American public interest. The decision will be made by Nancy Pelosi, the Democratic leader.
As for the committee being a “witch hunt” or simply a political operation, Pompeo reminded me that Speaker John Boehner was reluctant to call for the formation of this special committee. Pompeo said that the Republican members of the committee, except for chair Trey Gowdy, are members with low profiles, and not widely known by Americans.
On the situation in Ukraine, Pompeo said the situation remains incredibly intense. The Russians have fomented strife in the region, with a propaganda campaign to create the predicate for a Russian invasion. Western Europe has begun to recognize the risk and has started to implement a few more sanctions. Putin’s goal is to reconstruct Greater Russia, he said.
On the subject of Boko Haram, the radical Islamist group that has captured young girls in Nigeria, Pompeo said this is another example of how the war against Islamic terrorism is not over. He said that today there are 8,000 Al-Qaeda in Syria. In 2001, on September 10, there were 200 in Afghanistan. The threat today is far greater than it was 13 years ago, and the Obama administration has thrown in the towel, he said.
Organizations like Club for Growth produce scorecards of legislators. I’ve gathered results from Club for Growth for all years available and present them in an interactive visualization.
You may select which members to show. By clicking on a member’s name in the legend, their line will be highlighted from the others.
Scorecards such as these and others, including the ones that I’ve personally constructed, have caveats. For example, some members have not been in office very long. Issues in which you have an interest may not have been voted on during the member of interest’s tenure. Or, the vote may not have been a recorded vote, which is common. Also, the mere fact of a vote for or against a bill does not measure or account for leadership on the issue, or intensity of interest and involvement. I’ve not seen scorecards that incorporate work and votes in committees, which is an important part of legislating.
Further, the selection of votes to be included is an issue. Organizations that create scorecards generally have issues that are important to them, and may focus on a subset of issues to the exclusion of all others.
To use the visualization I created, click here to open it in a new window. A nearby illustration shows how to use it.
From the office of U.S. Representative Mike Pompeo.
Statement from Congressman Mike Pompeo on Washington’s Attacks on Koch Industries
WASHINGTON — Congressman Mike Pompeo issued the following statement on the unwarranted attacks on Koch Industries in light of the efforts to reform the Internal Revenue Service:
“The IRS’s targeting of individuals demonstrates the administration’s lawlessness at its worst. Public officials have a responsibility to uphold the Constitution and use their office to protect the rights of Americans, rather than attack them for their political advocacy. Silencing critics through government muscle, as the IRS has done, runs counter to every founding principle of the United States of America.
“Yet opponents of the House’s effort to hold the IRS accountable have doubled down and continued to attack two private citizens, Charles and David Koch, as deserving of such government abuse. Senator Reid’s attacks today from the Senate floor are reprehensible. This cannot be tolerated — not for these two great men or for any individual who disagrees with those in power.
“The Kochs’ Wichita-based company employs close to 60,000 people in manufacturing jobs. These predominantly middle-class employees live in nearly all 50 states and are a benefit to the communities they work and live in. They are good people and good neighbors, my neighbors, and deserve protection under the law that is equal to those lawmakers who seek to marginalize them.
“The jobs created by this company are a far greater benefit to the middle class than any wasteful Washington program. We should be taking lessons from hardworking Americans in the private sector instead of continuing to play politics with people’s lives.”
Earlier today, Senate Majority Leader Harry Reid accused the Kochs of funding ads critical of the Affordable Care Act’s disastrous implementation that he claims are “completely untrue,” a claim that contradicts the thrust of most news coverage of the rollout.
For more information, contact:
JP Freire | Director of Communications and Speechwriter
Office of Congressman Mike Pompeo (R-Kansas)
107 Cannon HOB| Washington, D.C. 20515
Office (202) 225-6216 | Fax (202) 225-3489
U.S. Representatives from Kansas split on voting for the budget bill produced by Rep. Paul Ryan and Sen. Patty Murray. Lynn Jenkins and Kevin Yoder voted in favor, while Mike Pompeo and Tim Huelskamp voted against the bill. It passed 332 to 94.
In a statement from his office, Pompeo said:
Washington — Congressman Mike Pompeo, R-Kansas, voted today against adopting a budget that would increase spending in 2014 and 2015 over the hard-fought Budget Control Act’s (BCA) limit.
“Despite opposition at the time, I supported the Budget Control Act because it was a compromise that represented the first real cut in discretionary spending in over a generation. While I agree Congress should replace cuts to national security with reforms of mandatory spending, we cannot abandon the progress we’ve already made in cutting spending. I greatly respect Chairman Ryan’s efforts to reach a bipartisan agreement to fix our spending problems, and agree with many of its provisions, including protecting doctors’ payments against needless reductions, ensuring hospitals are paid fairly in Medicare, and requiring federal employees to contribute more to their pension plans. But this new budget would stymie the progress we’ve made in reducing spending through sequestration. Kansans understand the need to budget fairly and live within our means. Washington must be held to the same standard.”
Huelskamp issued this statement:
“Just two years ago, Congress and the President made a promise to cut spending through the sequester. With this bill, they are abandoning this promise with a massive $63 billion in new deficit spending. So much for ‘if you like your spending cut, you can keep your spending cut.’ But no worries, after the 2022 election, a future Congress and President are certain to do what Washington refuses to do today. Sure.
In addition to this bipartisan agreement to raise spending for all sides and violating their own sequester, it would also assist Senator Harry Reid in passing tax increases through the Senate. It further also divides the House Republican Conference by abandoning our agreement reached in Williamsburg last January, rejects nearly all of the provisions passed by the House in three successive Ryan budgets, and does nothing to oppose ObamaCare.
Washington insiders are fond about saying, ‘this must be a good deal if I didn’t get everything I wanted.’ The real solution would be — the American people getting what they want.”