Jim DeMint

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.

The private owners of critical infrastructure are already heavily regulated and don't need to be further burdened with additional supposedly voluntary regulations in the name of cybersecurity.

Extending the tax cuts keeps more money in the hands of citizens, where it can be invested into the economy, thus spurring economic growth. Of course, the deficits need to be eliminated, but the way to accomplish this is to cut spending, not increase taxes. (After the substitute amendment was rejected, the Senate passed Reid's bill to raise taxes for the "rich.")

The legislation would have a chilling effect on political free speech by exposing donors to threats and intimidation. Free speech is protected by the First Amendment, which makes no exceptions for anonymous political donors, stating simply: "Congress shall make no law ... abridging the freedom of speech." In fact, some of the Founding Fathers engaged in anonymous free speech at times, such as when Madison, Jay, and Hamilton wrote The Federalist Papers under the pseudonym "Publius."

Much of the spending is unconstitutional.

The EPA is an unconstitutional agency created by executive order. It should not even exist, let alone engage in aerial surveillance for the purpose of detecting supposed violations of its regulations. Furthermore, while the surveillance is conducted from "public" airspace, so to speak, the air is not the subject of the surveillance. The use of the air is not unconstitutional, but the purpose of that use is unconstitutional, since it violates the Fourth Amendment protection against search of one's person, house, papers, and effects without probable cause and a warrant "particularly describing ... the persons or things to be seized."

S3240 Farm Bill (Passed 64 to 35 on 6/21/2012, Roll Call 164). Authorized federal farm and food assistance programs for five years. The programs include crop subsidies, food stamps, and foreign food aid.

North Korea is a totalitarian regime and foreign aid is unconstitutional.

The Constitution does not grant Congress the legislative power to acquire ownership of or conservation easement rights over large tracts of land within the states.

FDA censorship of health claims is a violation of the right to free speech protected by the First Amendment, and because the federal government is using armed agents to enforce unconstitutional regulations -- e.g., against the selling of raw milk.

The federal government has no constitutional authority risking taxpayers' money to provide loans 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.

Amendment to S1813 Oil and Gas Development; Keystone XL Pipeline (Rejected 41 to 57 on 3/13/2012, Roll Call 38). Opens up part of the Arctic National Wildlife Refuge to oil and natural-gas development, expand lease sales for offshore drilling, and approve the Keystone oil pipeline.

The government has no constitutional business rewarding government-favored business interests. Instead, the market should decide "winners" and "losers" in the energy sector, as in other sectors of the economy, to ensure that wasteful, harmful, or inefficient entities are kept to a minimum.

The federal government should allow entrepreneurs to develop energy resources, rather than deny access to the resources.

The EPA is unconstitutional and EPA regulations harm the economy. Though Collins' amendment would not have killed the boiler regulations, it would at least have delayed them.

To quote Thomas Jefferson, "No provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority."

Amendment to S2038 Congressional Term Limits (Rejected 24 to 75 on 2/2/2012, Roll Call 11). Amendment to propose an amendment to the Constitution that limits the number of terms a Member of Congress may serve.

The federal government should live within its means and because most of the spending responsible for the ballooning national debt is unconstitutional.

Many of the bill's spending programs -- e.g., education, housing, foreign aid, etc. -- are unconstitutional, and the country is running trillion-dollar annual deficits.

The War on Terror must not be allowed to destroy legal protections stretching back to the Magna Carta.

Congress has no constitutional authority to fund many of the programs in the bill, including the farm programs, food programs, and housing (under HUD).

The federal government has no business serving as a gatekeeper for the Internet, and such a role could eventually threaten what has become an important public square for circulating ideas and information.

These rules will further damage the economy and also because the federal government has no constitutional authority to regulate power plant emissions.

Agreements such as this one are intended to transfer trade (and other) powers to super-national arrangements, despite the fact that under the Constitution only Congress has the power "to regulate commerce with foreign nations."

The way to create jobs is not to provide them via government financing of certain sectors of the economy, but to reduce the government's burden on the economy.

Amendment to HR2832 Trade Promotion Authority (Rejected 45 to 55 on 9/20/2011, Roll Call 141). Amendment to reinstitute trade promotion authority through 2013 for the purpose of expediting approval of trade bills.

The debt deal allows both the national debt and spending to continue their upward trajectories.

There is no authority in the U.S. Constitution for redistributing American wealth to other countries.

The Constitution does not authorize the federal government to subsidize alternative energy sources.

Amendment to S990 Patriot Act (Firearms Purchase Records) (Tabled 85 to 10 on 5/26/2011, Roll Call 82). Amendment that would have banned the use of Patriot Act searches for American citizens' firearms records.

The extended provisions, and the Patriot Act as a whole, violate the Fourth Amendment of the U.S. Constitution.

There is no constitutional authority for the federal government to require individuals to purchase health insurance or to manage the healthcare industry.

HCR36 Planned Parenthood Defunding (Rejected 42 to 58 on 4/14/2011, Roll Call 60). Prohibits the use of any funding for Planned Parenthood.

Restricting greenhouse-gas emissions would be harmful to the economy, carbon dioxide and other greenhouse gases are not pollutants, and the federal government has no constitutional authority to limit such emissions.

The burdensome 1099 reporting requirement was added to the ObamaCare legislation as a way to help pay for this unconstitutional program.

The U.S. Constitution assigns to Congress the power "to declare war."

The federal government has no constitutional authority to subsidize private airlines, and the free market should be allowed to determine which communities commercial airlines service, as well as the cost and extent of that service.

The 2010 healthcare overhaul law (PL 111-148 and 111-152), popularly known as ObamaCare, is unconstitutional. There is no constitutional authority for the federal government to require individuals to purchase health insurance or to manage the healthcare industry.

invoking cloture would have permitted a vote on, and certain passage of, the unconstitutional DISCLOSE Act to restrict the free speech rights of corporations, unions, and special interest groups.

Invoking cloture would have permitted a vote on, and likely approval of, the DREAM Act amendment to provide amnesty to certain groups of illegal immigrants.

Invoking cloture would have permitted a vote on an amendment to repeal the highly unpopular 1099 IRS reporting provision of the unconstitutional ObamaCare law.

The federal government has no constitutional authority to pay for healthcare for the poor or to fund education. Also, there is no statistical evidence showing that federal involvement in education has increased learning -- though it certainly has increased federal bureaucracy and control.

Kagan is not committed to adhering to the original intent of the Constitution in her judicial decisions. Instead, her public record indicates that she is a legal positivist who will interpret law based on her own ideological bent and effectively revise and rewrite law by judicial fiat.

The estate tax should be permanently eliminated.

Amendment to HR4213 Arizona Immigration Law (Rejected 43 to 55 on 7/21/2010, Roll Call 214). Offered a measure to recommit the bill to the Judiciary Committee with instructions to include language that no funds in any provision of law may be used to participate in a lawsuit against Arizona's immigration law.

Ramping up regulatory control of the financial sector by the Fed and the federal government is not only unconstitutional but will make it exceedingly more difficult for the economy to recover.

SJR26 Greenhouse Gas Regulation (Rejected 47 to 53 on 6/10/2010, Roll Call 184). Would disapprove an Environmental Protection Agency endangerment finding that greenhouse gases may be regulated as pollutants under the Clean Air Act. 

The spending is over and above what the federal government already budgeted for the current fiscal year, Congress never declared war against Iraq and Afghanistan, and some of the spending (e.g., foreign aid) is unconstitutional.

More government control of the economy will do more harm than good.

S3217 Audit the Fed (Rejected 37 to 52 on 5/11/2010, Roll Call 138). Amendment to audit the Federal Reserve.

The federal government has no constitutional authority to manage the healthcare industry.

Raising the national debt limit allows the federal government to borrow more money and continue its gross fiscal irresponsibility.

The economic havoc Bernanke is accountable for at the Fed, a central bank that should not even exist.

HR3590 ObamaCare (Passed 60 to 39 on 12/24/2009, Roll Call 396). Popularly known as "ObamaCare," this bill essentially completed the government takeover of the American healthcare system.

Requiring Americans to buy a particular product -- health insurance in this instance -- is both unconstitutional and an abridgment of economic freedom. The same day, the Senate also rejected by 39-60 a point of order raised by Sen. Kay Bailey Hutchison that the legislation violates the 10th Amendment.

HR3288 Omnibus Appropriations (Passed 57 to 35 on 12/13/2009, Roll Call 374). Comprised of six appropriations bills that Congress failed to complete separately. The price tag in the final version of HR3288 is $1.1 trillion.

Amendment to HR3590 Abortion (Passed 54 to 45 on 12/8/2009, Roll Call 369). Offered an amendment to prohibit the use of any funding authorized by the bill to pay for abortions or for health plans that cover abortions, except in cases of rape or incest or to protect the mother.

Spending needs to be cut, not increased.

The majority of funding in the bill is unconstitutional and wasteful.

The Department of Energy is not authorized by the Constitution.

Federal aid to farmers and federal food aid to individuals are not authorized by the Constitution.

Virtually every dollar assigned to this bill, whether it is for transportation or housing assistance, is unconstitutional and unaffordable.

Federal government funding of community organizations is not authorized by the Constitution.

Judge Sotomayor is not committed to adhering to the original intent of the Constitution in her judicial decisions.

The federal government should not be subsidizing the car industry and because it is unconstitutional and wasteful.

This legislation would further federalize the criminal code, as well as punish not only criminal acts but the thoughts behind them.

Subordination of U.S. sovereignty to international law and international organizations would undermine the Constitution.

The spending is over and above what the federal government had already budgeted, the United States never declared war against Iraq and Afghanistan, and some of the spending (e.g., Cash for Clunkers and foreign aid) is unconstitutional.

Foreign aid is unconstitutional, and this is deficit spending.

The spending is over and above what the federal government had already budgeted, Congress never declared war against Iraq and Afghanistan, and some of the spending (e.g., foreign aid) is unconstitutional.

Much of the budget is unconstitutional (e.g., foreign aid, education, healthcare, etc.), and the federal government should end deficit spending and live within its means.

National-service programs are not authorized by the Constitution.

Reinstituting the Fairness Doctrine would be an unconstitutional infringement on the right to free speech.

Article 1 Section 2 of the U.S. Constitution states, "The House of Representatives shall be composed of members chosen every second year by the people of the several states." The District of Columbia is not a state, and can only become a state (and be entitled to representation in Congress) via a constitutional amendment.

Much of the spending would be unconstitutional and government cannot stimulate the economy by draining money from the private sector.

Federal healthcare programs are unconstitutional and would likely lower the quality of healthcare.

Foreign aid is unconstitutional and the amendment would have helped to protect the right to life.

The Constitution does not authorize Congress to grant financial aid or loans to private companies, i.e., banks and automakers.

HR1424 Bailout Bill (Passed 74 to 25 on 10/01/2008, Roll Call 681). Authorizes the Treasury Department to use $700 billion of taxpayer money to purchase troubled mortgage-related securities from banks and other financial-related institutions.

Education aid is not authorized by the Constitution.

The federal government acting as an insurer, a micromanager of markets, and a wealth redistributor is unconstitutional and will undoubtedly affect market behavior, leading to more and worse market strife.

The federal government should stop over-regulating and interfering with the energy industry and get out of the unconstitutional welfare business.

Foreign aid is unconstitutional.

Warrantless searches are a violation of the Fourth Amendment, which protects Americans against unreasonable searches and seizures, and requires that any searches be conducted only upon issuance of a warrant under conditions of probable cause. Moreover, Article I, Section 9 of the Constitution forbids "ex post facto laws" -- laws having a retroactive effect.

Congress continues to fund a war it never authorized under Article I, Section 8, of the Constitution. Also, the federal government is unconstitutionally involved as an individual and corporate insurer at taxpayer expense.

HR6124 Farm Bill (Veto Override) (Passed 80 to 14 on 6/18/2008, Roll Call 151). Would authorize the nation's farm programs for the next five years, including crop subsidies and nutrition programs. 

Increasing taxes on the profits of U.S. oil producers would drive gasoline, heating oil, and natural gas prices higher, as the increased tax expense would simply be passed on to consumers. Targeting the largest U.S. oil companies for making higher profits creates a disincentive to increasing exploration and production, and undermines the exceedingly large capital base required to rebuild after hurricanes devastate the oil patch. Moreover, it is unfair because other companies and sectors with even higher profit margins are ignored. Finally, the government should not be subsidizing energy development.

Amendment to S3036 Global Warming (Failed 48 to 36 on 6/6/2008, Roll Call 145). Would have created a cap-and-trade system for reducing carbon dioxide and other greenhouse gases.

Inflation and the national debt are skyrocketing as Congress persistently disregards constitutional limits on spending.

Federal aid to farmers and federal food aid to individuals are not authorized by the Constitution.

America is dangerously dependent on foreign oil and we should increase domestic oil production to mitigate an expected decline in foreign oil exports to America. Time is fleeting for preparing for a supply crisis.

It is unconstitutional for the federal government to be an insurer, and wealth redistributor.

Congress must discontinue unconstitutional and deficit spending. Otherwise the dollar could collapse.

Warrantless wiretaps are a violation of the Fourth Amendment, which protects Americans against unreasonable searches and seizures, and requires that any searches be conducted only upon issuance of a warrant under conditions of probable cause. Moreover, Article I, Section 9 of the Constitution forbids "ex post facto laws" -- laws having a retroactive effect.

Creating money out of thin air (which was what was done for the rebate checks) cannot improve the economy.

HR3688 Peru Free Trade Agreement (Passed 77 to 18 on 12/4/2007, Roll Call 413). Transfers the power to regulate trade (and other powers as well) to regional arrangements.

Federalized educational system is an unconstitutional and wasteful bureaucracy.

By confirming Mukasey, the U.S. Senate demonstrated its willingness to tolerate torture -- which is anathema to American values -- and its willingness to allow the president to trump laws passed by Congress in the name of national security.

The Constitution does not authorize federal involvement in healthcare, even for children.

Spending billions of tax dollars for federal grants and subsidies for Amtrak transportation is unconstitutional.

The DREAM Act would implement an amnesty program by placing millions of illegal immigrants on a path toward citizenship.

Social-welfare programs and federal involvement in education are unconstitutional.

HJR43 Debt Limit Increase (Passed 53 to 42 on 9/27/2007, Roll Call 354). Would increase the national debt limit to an astronomical $9.8 trillion, an $850 billion increase. 

Allowing Mexican trucks to travel freely across U.S. highways presents a threat to our national security and displaces American truckers whose jobs would be lost to Mexican workers.

The United States should not be funding UN "peacekeeping" period -- let alone increasing the amount.

Foreign aid is unconstitutional.

Warrantless surveillance of American citizens is a violation of the Fourth Amendment's prohibition "against unreasonable searches and seizures."

Taxpayer-financed federal health insurance is unconstitutional.

Cloture would have ended floor debate on the Kennedy bill and enabled a vote by the full Senate on this dangerous piece of legislation.

Amendment to S1348 Amnesty for Illegal Immigrants (Rejected 29 to 66 on 5/24/2007, Roll Call 180). Would drastically alter the scope of the immigration bill by striking an amnesty provision from the bill that would establish the Z visa.

The guest-worker program would constitute a large increase in legal immigration for our country, which would ultimately displace more American workers from their jobs and depress wages.

This legislation contains an enormous amount of unconstitutional spending, would raise the federal minimum wage, and would authorize money for the Iraq War.

The bill violates the right to life for millions of unborn babies.

Repealing the estate tax would be a constitutional tax cut that would benefit all Americans who would be subject to estate taxes again in 2011 and all subsequent years according to current tax law.

Providing federal aid to local law enforcement programs is not only unconstitutional, but it also further federalizes the police system.

Congress must not continue to support massive amounts of irresponsible and unconstitutional spending.

It is unconstitutional to prohibit citizens from working for less than a government-set wage.

This legislation preserves the right of free speech for grass-roots organizations to inform the public about events on Capitol Hill without subjecting them to repressive regulatory controls.

A border fence would help prevent illegal immigration and further protect our borders.

Under this bill, a defendant's rights would be curtailed: he would be denied the right of habeas corpus; he could be detained indefinitely; and evidence obtained through coercion could be used against him--so long as the coercion falls outside the administration's definition of torture.

So-called free trade agreements damage the U.S. economy and threaten U.S. sovereignty by imposing international regulations.

The United States should reduce its dependency on foreign oil and utilize it own energy resources.

Congress can and should use its power to regulate interstate commerce to restrict abortion.

Research on embryonic stem cell lines derived from surplus embryos at in vitro fertilization clinics would violate the right to life for millions of unborn children.

Federal funding of local law enforcement will lead to more federal control of law enforcement.

Sen. David Vitter's (R-LA.) amendment to HR 5441 Firearm Seizure (Passed 84 to 16 on 7/13/2006, Roll Call 202). Would prohibit any Homeland Security funds from being used to seize lawfully owned firearms during a state of emergency.

Sen. John Kerry's (D-MA.) amendment to S 2766 Iraq Troop Withdrawal (Rejected 13 to 86 on 6/22/2006, Roll Call 181). Would require a complete withdrawal of U.S. troops from Iraq by July 2007.

It is unconstitutional for the government to prohibit citizens from working for less than a government-set price.

Gen. Michael V. Hayden has been in the forefront of governmental programs threatening the privacy of American citizens and should not be trusted to lead an organization such as the CIA.

S 2611 Guest-Workers/Amnesty (Passed 62 to 36 on 5/25/2006, Roll Call 157). Would effectively grant amnesty to the 12 million illegal immigrants who already reside in the United States and create a guest-worker program for up to 200,000 immigrants a year.

This amendment would make border security a higher priority than amnesty, but would make it more difficult for the administration to implement amnesty.

Even if the spending were constitutional, this funding should be attached to the regular appropriations process and not introduced after the fact as "emergency" spending, ignoring fiscal responsibility.

HJR 47 National Debt Limit (Adopted 52 to 48 on 3/16/2006, Roll Call 54). Would increase the national debt limit to $8.97 trillion. See U.S. Const., Art. 1, Sec. 8.

Federal social-welfare programs are unconstitutional.

HR 3199 Patriot Act Reauthorization (Adopted 89 to 10 on 3/2/2006, Roll Call 29). Would reauthorize the unconstitutional and so-called Patriot Act. See U.S. Const., amend. 4.

Our troops should be sent to war only when necessary to defend the United States and her citizens, and when Congress declares war.

Foreign aid programs are not authorized by the Constitution.

Federal aid to farmers and federal food aid to individuals are not authorized by the Constitution.

Sen. Barbara Boxer's (D-CA) amendment to S 600 Abortion (Adopted 52 to 46 on 4/5/2005, Roll Call 83). To repeal the rule prohibiting U.S. foreign aid from going to organizations that provide or promote abortions.