Freedom Index 118-1

Our first look at the 118th Congress shows how every member of the House and Senate voted on key issues such as the bipartisan debt-limit deal, ending the Covid national emergency, and ESG.

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Senate Votes

1. ESG Fiduciary Rule

Overturns the Labor Department's rule allowing retirement-plan fiduciaries to use ESG.
Read More Constitutional Vote: Yes
H. J. Res. 30 Roll Call 35 See Article I Section 8

2. 2001 AUMF Repeal

Repeals the unconstitutional 2001 Authorization for Use of Military Force.
Read More Constitutional Vote: Yes
S. 316 Roll Call 65 See Article I Section 8

3. WHO Pandemic Treaty

In recent decades both the Executive Branch and Congress have regularly skirted the constitutional requirement in Article II, Section 2 of the U.S. Constitution that treaties have to be made with the "Advice and Consent of the Senate … provided two thirds of the Senators present concur." Instead of recognizing agreements as treaties, they unconstitutionally designate them as "executive agreements," thereby enabling the president and Congress to avoid seeking the advice and consent of the Senate and pass them by a simple majority of the House and Senate, rather than the more rigorous threshold of two-thirds of the senators present.
Read More Constitutional Vote: Yes
S. 316 Roll Call 71

4. Federal Water Rule

Both federal water regulations and the EPA are unconstitutional, and if the latest Biden administration rule were allowed to stand, activities such as farming and real estate development would be greatly hampered, since farmers and developers would be subject to increased unconstitutional permit requirements and fines concerning their treatment of almost any body of water, no matter how small.
Read More Constitutional Vote: Yes
H. J. Res. 27 Roll Call 79

5. Terminate Covid-19 National Emergency

It is unconstitutional to suspend the Constitution by declaring national public-health emergencies.
Read More Constitutional Vote: Yes
H. J. Res. 7 Roll Call 80

6. Abortion

Overturns the Department of Veterans Affairs rule allowing medical coverage for abortion counseling and procedures.
Read More Constitutional Vote: Yes
S. J. Res. 10 Roll Call 90 See Fifth Amendment 14th Amendment

7. Federal Firefighter Grants

Unconstitutionally authorizes $95 million annually through fiscal 2030 for the USFA, increasing funding levels by 24 percent.
Read More Constitutional Vote: No Cost per household: -$1.00/year
S. 870 Roll Call 94 See Article I Section 8

8. Equal Rights Amendment

The claim that the ERA is a "valid … part of the Constitution" is a sham. When Congress submitted the ERA to the states for ratification in 1972, it set a seven-year ratification period that ended on March 22, 1979. During that period, 35 states ratified the ERA, but four of those states reconsidered and rescinded their ratifications. This left the ERA seven states short of the three-fourths majority (38 states) needed to become part of the Constitution. Prior to the deadline, when it became apparent the 38-state threshold would not be reached, Congress extended the deadline to June 30, 1982. This legally dubious extension caused a fifth state to rescind, and during the extension period no new states ratified. In recent years, three new states have ratified the ERA. But to claim that this makes the ERA part of the Constitution is to ignore the long-expired deadlines, as well as the five states that rescinded.
Read More Constitutional Vote: No
S. J. Res. 4 Roll Call 99

9. Spending Reductions

Decreases federal spending from $4.8 to $3.9 trillion over four years.
Read More Constitutional Vote: Yes Benefit per household: +$6,860.00/year
H.R. 3746 Roll Call 136 See Article I Section 8

10. Bipartisan Debt-limit Deal

Suspends the debt limit through January 1, 2025 and create caps on "discretionary" spending for fiscal years 2024 and 2025, among many other dubious changes.
Read More Constitutional Vote: No
H.R. 3746 Roll Call 146 See Article I Section 8

How did they vote?

Legend: Constitutional Unconstitutional Did not vote
Name Party State Score 1 2 3 4 5 6 7 8 9 10
Tammy Baldwin D WI 20%
John Barrasso R WY 78%
Michael F. Bennet D CO 10%
Marsha Blackburn R TN 78%
Richard Blumenthal D CT 0%
Cory A. Booker D NJ 0%
John Boozman R AR 60%
Katie Boyd Britt R AL 80%
Mike Braun R IN 100%
Sherrod Brown D OH 10%
Ted Budd R NC 70%
Maria Cantwell D WA 0%
Shelley Moore Capito R WV 60%
Benjamin Cardin D MD 10%
Thomas Carper D DE 0%
Robert Casey D PA 10%
Bill Cassidy R LA 70%
Susan M. Collins R ME 40%
Chris Coons D DE 0%
John Cornyn R TX 70%
Catherine Cortez Masto D NV 20%
Tom Cotton R AR 70%
Kevin Cramer R ND 60%
Mike Crapo R ID 78%
Ted Cruz R TX 78%
Steve Daines R MT 80%
Tammy Duckworth D IL 0%
Dick Durbin D IL 11%
Joni Ernst R IA 70%
Dianne Feinstein D CA N/A
John K. Fetterman D PA 20%
Deb Fischer R NE 80%
Kirsten E. Gillibrand D NY 0%
Lindsey Graham R SC 70%
Chuck Grassley R IA 60%
William F. Hagerty R TN 71%
Margaret Wood Hassan D NH 10%
Josh Hawley R MO 70%
Martin Heinrich D NM 11%
John W. Hickenlooper D CO 10%
Mazie K. Hirono D HI 0%
John Hoeven R ND 60%
Cindy Hyde-Smith R MS 80%
Ron Johnson R WI 80%
Tim Kaine D VA 10%
Mark Kelly D AZ 10%
John Kennedy R LA 70%
Angus S. King I ME 10%
Amy Klobuchar D MN 10%
James Lankford R OK 80%
Mike Lee R UT 100%
Ben Ray Lujan D NM 10%
Cynthia Lummis R WY 80%
Joe Manchin D WV 40%
Ed Markey D MA 20%
Roger Marshall R KS 80%
Mitch McConnell R KY 50%
Bob Menendez D NJ 0%
Jeff Merkley D OR 11%
Jerry Moran R KS 60%
Markwayne Mullin R OK 70%
Lisa Murkowski R AK 40%
Chris Murphy D CT 10%
Patty Murray D WA 0%
Jon Ossoff D GA 10%
Alex Padilla D CA 0%
Rand Paul R KY 100%
Gary Peters D MI 10%
Jack Reed D RI 0%
Pete Ricketts R NE 70%
James E. Risch R ID 80%
Mitt Romney R UT 60%
Jacky Rosen D NV 20%
Mike Rounds R SD 60%
Marco Rubio R FL 80%
Bernie Sanders I VT 20%
Brian Schatz D HI 0%
Eric Schmitt R MO 80%
Chuck Schumer D NY 10%
Rick Scott R FL 70%
Tim Scott R SC 70%
Jeanne Shaheen D NH 0%
Kyrsten Sinema D AZ 20%
Tina Smith D MN 0%
Debbie Stabenow D MI 0%
Dan Sullivan R AK 70%
Jon Tester D MT 30%
John Thune R SD 60%
Thom Tillis R NC 67%
Tommy Tuberville R AL 80%
Chris Van Hollen D MD 0%
J.D. Vance R OH 80%
Mark R. Warner D VA 10%
Raphael G. Warnock D GA 11%
Elizabeth Warren D MA 20%
Peter Welch D VT 0%
Sheldon Whitehouse D RI 0%
Roger Wicker R MS 70%
Ron Wyden D OR 0%
Todd Young R IN 50%

Average Freedom Score by Party

PartyScore
Democrat8.4%
Independent15%
Republican71.2%
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