Category: National politics

It’s early in the week, so it’s time to wrap up my look at the ACU ratings with a quick trip to the Senate. In case you are joining the party late, here’s links to Part 1 and Part 2 of the series.

Like last time, I’ll post the issue first and my take on it afterwards.

1. Medicaid Cuts — Fiscal 2006 Budget Resolution. S Con Res 18 (Roll Call 58) The Senate adopted an amendment eliminating savings in the Medicaid program and other federal programs. The amendment also created a Bipartisan Medicaid Commission to study Medicaid before any cuts are made. ACU opposed this amendment, which was adopted 52-48 on March 17, 2005.

Michael’s opinion: Talk about gutless. Every time somebody wants to trim or change a program (in this case, “eliminating savings” – that’s a nice turn of phrase, guys), do we have to have a so-called bipartisan commission? Apparently so, that way the Senators’ fingerprints aren’t on it when there’s cuts to be made. I’m with the ACU on this one as a huge NO.

2. Tax Cuts — Fiscal 2006 Budget Resolution. S Con Res 18 (Roll Call 59) The Senate rejected an amendment striking language in the budget resolution protecting tax cuts. ACU opposed this amendment, which was rejected 49-51 on March 17, 2005.

Michael’s opinion: They should reject any and all amendments that come anywhere close to touching the Bush tax cuts, which are but a start in and of themselves. Again, the ACU is correct and I’d vote NO.

3. Social Security Benefit Tax — Fiscal 2006 Budget Resolution. S Con Res 18 (Roll Call 74) The Senate adopted an amendment repealing the 1993 tax increase on Social Security and increasing the five-year tax cut figure by $63.9 billion. ACU favored the amendment. The amendment was adopted 55-45 on March 17, 2005.

Michael’s opinion: This finally would get rid of the Clinton tax on Social Security. Of course it’s a great idea, thus both the ACU and I were/would be in the right to support it. YES.

4. Spending Increase — Fiscal 2006 Budget Resolution. S Con Res 18 (Roll Call 75) The Senate rejected an amendment reducing the amount of the tax cuts in the bill by $198 million and increasing spending by $36 million. ACU opposed the amendment, which was rejected 47-53 on March 17, 2005.

Michael’s opinion: Do you get the idea that neither the ACU nor I like spending increases or tax increases? To this amendment we say hell NO.

5. “ Mexico City” Policy — Fiscal 2006 State Department Authorization. S 600 (Roll Call 83) The Senate adopted an amendment repealing Reagan’s “Mexico City” policy, which bars U.S. aid to international family planning organizations that perform or promote abortions. Under the amendment, organizations could receive U.S. aid if they used their own funds to provide health or medical services that did not violate federal law or the laws of the country in which they are being provided. ACU opposed the amendment. The amendment was adopted 52-46 on April 5, 2005.

Michael’s opinion: Since I’m not a big believer in foreign aid it’s right to me that, because these other countries are gaining largesse at the expense of the American taxpayer, we have a perfect right to put strings on that money. The “Mexico City” policy is a sound one and repealing it sends the wrong message. Again, the ACU and I agree a NO vote was the appropriate one.

6. Confirmation William H. Pryor, Jr. of Alabama to be U.S. Eleventh Circuit Judge. (Roll Call 133) ACU favored the confirmation. Judge Pryor was confirmed 53-45 on June 9, 2005.

Michael’s opinion: As he should have been, along with a host of other constructionist judges. I’m still batting 1.000 with the ACU as we both favored the nomination with a YES vote.

7. Bolton Nomination — Cloture. (Roll Call 142) The Senate defeated a motion to stop debate and proceed to a vote on President Bush’s nomination of John Bolton to be the U.S. Representative to the United Nations. ACU favored the nomination. The motion was rejected 54-38 on June 20, 2005. Although a majority of the Senate favored the nomination, 60 votes are required to stop debate.

Michael’s opinion: That stupid cloture law. Isn’t it time for the “constitutional option” yet? The ACU is correct and I would have supported cloture with a YES vote.

8. Climate Change — Energy Policy. HR 6 (Roll Call 148) The Senate rejected an amendment that would have required U.S. businesses to return to the “greenhouse gas” emission levels of 2000. ACU opposed the amendment. It was rejected 38-60 on June 22, 2005.

Michael’s opinion: Of course I’m not voting for this junk science. The Senate killed the Kyoto Protocol years ago, this was an attempt to slide it in the back door. Once again, I concur with the ACU and would vote NO!

9. Fuel Economy Standards — Energy Policy. HR 6 (Roll Call 157) The Senate rejected an amendment mandating arbitrary increases in the Corporate Average Fuel Economy (CAFE) standards and extending the standards to trucks. ACU opposed the amendment. The amendment was rejected 28-67 on June 23, 2005.

Michael’s opinion: The CAFE standards – another bunch of crap. Let the market decide, not the government. NO.

10. Nuclear Weapons Funding — Fiscal 2006 Energy and Water Appropriations. HR 2419 (Roll Call 171) The Senate rejected an amendment prohibiting development of the Robust Nuclear Earth Penetrator. ACU opposed the amendment. The amendment was rejected 43-53 on July 1, 2005.

Michael’s opinion: Peace through strength, baby. Ronald Reagan was a genius. The ACU is correct in opposing the measure and I would say NO as well.

11. Immigration Enforcement — HR 2360 (Roll Call 182) The Senate rejected an amendment that would have increased funding for immigration and customs enforcement by about $200 million, added 5,760 detention beds, and permitted the hiring of more immigration enforcement personnel. ACU supported the amendment, which failed 42-56 on August 14, 2005.

Michael’s opinion: Pretty ironic that I go through these the day after the May Day protests, huh? Think some Senators might want to change their minds? For those who care about immigration like I do, you Delaware voters may want to ask Sen. Carper how he expects your vote for him in November when he voted against this provision – concurrently you Virginians can thank Sen. Allen for voting YES on it like I would. We here in Maryland can’t blame anyone since Sen. Sarbanes, a voter against it, is retiring, and Sen. Mikulski was absent on this vote.

12. Gun Liability — Passage. S 397 (Roll Call 219) The Senate passed a bill barring lawsuits against manufacturers and distributors of firearms and ammunition that would make them liable for gun violence. Penalties for violent or drug trafficking crimes in which the perpetrator uses or possesses armor-piercing ammunition are increased to a minimum of 15 years imprisonment– or, if death resulted from the use of such ammunition, life imprisonment or the death penalty. ACU favored the bill, which was adopted 65-31 on July 29, 2005.

I can copy what I said before in the House post (#21):

Michael’s opinion: It’s an appropriate use of federal power only because firearms are sold nationally. If it were many other products, I’d be less inclined to trump the states. And because there are federal crimes, the sentencing portions of the bill are appropriate as a guide to judges. The only worry I have about this is expansion of the measure someday to the general public where if someone shot a home invader using this ammunition they would face the same penalties. At this time, I’m with the ACU on the YES vote.

13. Mercury Emissions Rule — Passage. S J Res 20 (Roll Call 225) The Senate rejected a joint resolution that would have applied stringent and unjustified emission standards to existing electricity-generating plants. ACU opposed the resolution. It was defeated 47-51 on September 13, 2005.

Michael’s opinion: The key word the ACU accurately uses is “unjustified”. I believe it’s much more prevalent for mercury to occur naturally than by a power plant. I agree a NO vote was the correct vote.

14. Exposing Earmarks — Fiscal 2006 Agriculture, FDA, and Related Agencies Appropriations. HR 2744 (Roll Call 238) The Senate agreed to an amendment requiring better disclosure of “earmarks” in spending bills. Earmarks are used to direct spending to specific projects. ACU favored the amendment, which passed 55-39 on September 21, 2005.

Michael’s opinion: Suuuuuuuueeeeyyyyy! Get rid of that “pork!” This is a YES vote…why would anyone vote against this (who has half a brain?)

15. Minimum Wage Increase — Fiscal 2006 Transportation, Treasury-Housing Appropriations. HR 3058 (Roll Call 257) The Senate defeated a procedural motion designed to increase the minimum wage to $5.70 six months after the bill’s enactment and to $6.25 one year after enactment. ACU opposed the motion. The motion was rejected 47-51 on October 19, 2005 (60 votes would have been required under Senate rules).

Michael’s opinion: Sixty votes would have been required, mine would not have been one. There should be no federal minimum wage in the first place. Optimally, there shouldn’t be state ones either, but that is the proper venue to determine a minimum wage, not the federal level. This is a NO vote in agreement with the ACU.

16. Cap on Spending Increases — Deficit Reduction Act of 2005. S 1932 (Roll Call 286) The Senate defeated a procedural motion that would have allowed an amendment to cap most future spending at 2006 levels. ACU favored the amendment and the motion. The motion was rejected 32-67 on November 3, 2005.

Michael’s opinion: Again, a conservative fiscal issue, and there’s 67 Senators who are walking around singing soprano because they didn’t have the balls to vote for this. I think I’m an alto (whatever a semi-nasal voice would sing), but I can’t carry a tune in a bucket anyway. However I could vote YES on this if given the chance, provided military spending was exempted.

17. ANWR Oil and Gas Leasing — Budget Reconciliation. S 1932 (Roll Call 288) The Senate rejected an amendment striking language permitting oil and gas leasing in a small portion of Alaska’s Arctic National Wildlife Refuge (ANWR). ACU opposed the amendment, which was rejected 48-51 on November 3, 2005.

Michael’s opinion: As in House issue #6, drill as many holes in ANWR as needed. The ACU and I are in full agreement with a NO vote.

18. Budget Reconciliation — Passage. S 1932 (Roll Call 303) The Senate passed a bill that will save approximately $35 billion over five years. ACU favored the bill, which passed 52-47 on November 3, 2005.

Michael’s opinion: A drop in the bucket, but it’s better than nothing. YES.

19. Habeas Corpus for Enemies — S 1042 (Roll Call 324) The Senate rejected an amendment granting detainees and enemy combatants the right to petition for habeas corpus in the U.S. civil courts rather than military tribunals. ACU opposed the amendment, which failed 44-54 on November 15, 2005.

Michael’s opinion: Uuuuuuuhhhhh…these are ENEMY combatants, are they not? By being an enemy of the United States and actively fighting to usurp it, you have the right to be shot dead. And that’s it. I know, I have no empathy to the downtrodden victims of American capitalism…damn right I don’t. That’s a NO vote and an ulcer-inducer as I again want to bitchslap 44 Senators who voted for this garbage.

20. Tax Increases on Oil and Gas Development — Tax Relief Act of 2005. S 2020 (Roll Call 332) The Senate rejected a procedural motion on an amendment that would have raised taxes on oil and gas development. ACU opposed the motion. The motion was rejected 48-51 on November 17, 2005 (60 votes would have been required under Senate rules).

Michael’s opinion: Give me a break. Who comes up with this crap? We need lower taxes in oil and gas development, not the other way around! Make the 48 Senators who voted yes pay $6 a gallon to fill up their Excursions and Tahoes. Me, I’d vote NO as is proper.

21. Federal Interference in Energy Markets –Tax Relief Act of 2005. S 2020 (Roll Call 334) The Senate rejected a procedural motion on an amendment that would have allowed the Federal Trade Commission to interfere in energy markets during emergencies. ACU opposed the motion, which was rejected 57-42 on November 17, 2005 (60 votes were required under Senate rules).

Michael’s opinion: Let me see. The government has screwed up the health care market, now they want to interfere with the energy market? It sounds like someone at the FTC wanted to make sure his union buddies had a job to do. Not with my vote you don’t. That’s a solid NO.

22. Physician Senators Right to Practice Medicine — Tax Relief Act of 2005. S 2020 (Roll Call 335) The Senate rejected a procedural motion on an amendment that would have allowed physician Senators to practice medicine as long as they charged only for expenses. ACU favored the motion. The motion failed 51-47 on November 17, 2005 (60 votes were required under Senate rules).

Michael’s opinion: As I recall, this measure was rejected to get back at Sen. Coburn of Oklahoma, a dogged foe of earmarks and wasteful spending, who does happen to be a doctor and wanted this amendment. A Senator who has a job outside of politics? Perish the thought! Of course the ACU is correct (again!) and I’d vote YES. Actually, if I had the choice of whether he could practice medicine for profit, that would be even better.

23. Extension of Tax Cuts — Tax Relief Act of 2005. S 2020 (Roll Call 347) The Senate passed a bill extending certain expiring tax cuts and providing tax relief for areas affected by recent hurricanes. ACU favored the bill, which passed 64-33 on November 18, 2005.

Michael’s opinion: I’m leery about the Katrina/Rita relief (bad precedent for future natural disasters) but the tax cuts should be extended. Actually, they probably should be made permanent, but I would have to vote for this on balance as the best I could get (for now.) A YES vote with the ACU.

24. Block Grant Spending. H J Res 72 (Roll Call 348) The Senate rejected an amendment increasing the amount appropriated under the Community Services Block Grant Act. ACU opposed the amendment. The amendment was rejected 46-50 on November 18, 2005.

Michael’s opinion: I can see the ACU’s point. I’m almost tempted to say yes to this, but I suppose the idea of less spending would win me over as opposed to increasing a block grant. So I’ll stick with the NO vote, tenuously. This is definitely one I’d love to have the fine print on.

25. Work, Marriage, and Family Promotion Reconciliation Act of 2005. S 1932 (Roll Call 363) The Senate passed a budget reconciliation bill containing most of the deficit reduction provisions desired by President Bush. The bill passed 50-50 on December 21, 2005 (Vice President Cheney cast the tie-breaking vote).

Michael’s opinion: Oh boy, is this a “feel-good” act. The devil is in the details, but I guess I’d have to be ignorant like most Senators are when they vote on items and go with the flow here. I have the bad feeling that this was a pork-laden bill, but in the rush to get out of town for the Christmas holiday, who was going to say no? Because I’m only going by the short description provided by the ACU and not the text of the bill, I would vote YES solely for the deficit reduction measures.

These last two bills are would have my very soft support, but as it stands I’m a perfect 100 on the Senate side. That means I join 12 other Senators who have the same 100% ACU record:

George Allen (R-VA), Sam Brownback (R-KS), Tom Coburn (R-OK), Mike Crapo (R-ID), John Ensign (R-NV), James Inhofe (R-OK), Johnny Isakson (R-GA), Jon Kyl (R-AZ), Mel Martinez (R-FL), Mitch McConnell (R-KY), and Jeff Sessions (R-AL). Conrad Burns (R-MT) also had a 100 rating but missed one vote.

So I suppose those on the left who think I’m a “mind-numbed robot” would have a case because I’m in lockstep with the ACU. But if People for the American Way had a similar system and I scored 100, would I not be a mind-numbed robot of the left? In these cases, unlike the House, the ACU scored votes that were almost all cut-and-dried – you either supported lower spending, tax cuts, and fewer regulations or you didn’t. And I do, because as far as I’m concerned I have a little desktop book I look at frequently that is a guide to the functions of Congress. It’s called the Constitution.

It’ll be interesting to see the 2006 ratings when they come out next April. I have the bad feeling that a 100 rating from the ACU is going to be rare as all of the House and 1/3 of the Senate are up for election, and one sure way to get votes from the ignorant is to throw money at them. But I bet my personal ratings will be right up there, because I can do this on principle, not to get a vote. At least for now.

As promised, this is the part where Michael establishes his own ACU rating. The descriptions of the bills are from the ACU site. Granted, the actual bill text may have swayed me in a different direction so “your results may vary.” This is going to be a pretty long post because of their descriptions, so bear with me.

There are 25 parts to the House ACU score, so I assume that each part agreed with is 4 points. I’ll score myself at the end.

1. New Interstate Tolls – Surface Transportation Reauthorization. HR 3 (Roll Call 59) The House rejected an amendment that would have authorized new tolls on any existing toll road or newly constructed lane on the interstate system to lower congestion or improve air quality. It also would have allowed new, toll-eligible express traffic lanes. ACU favored this amendment, which was rejected 155-265 on March 9, 2005.

Michael’s opinion: despite the fact that the interstate system is a federal highway system, in several instances they have piggybacked on existing state turnpikes (Ohio and Pennsylvania are examples.) Because of that and the fact that it’s generally a state that takes care of these highways anyway, it’s not the federal government’s place to authorize tolls on a state highway. I would have gone with the majority against the ACU and voted NO on the amendment.

2. Fiscal 2006 Budget Resolution – Republican Study Committee Substitute. H Con Res 95 (Roll Call 83) The House rejected an amendment that called for $58 billion more in mandatory spending cuts, for a total of $125 billion over five years. It would have reduced non-defense and non-homeland discretionary spending by 2 percent, and protected all $106 billion in tax cuts. It proposed a number of procedures to curtail new spending. ACU favored the amendment, which was rejected 102-320 on March 17, 2005.

Michael’s opinion: Only $58 billion? Well, it would be a start. I would have regretted that I have but one vote to favor this amendment, so here I agree with the ACU that a YES vote would have been appropriate.

3. Estate Tax Permanent Repeal – Passage. HR 8 (Roll Call 102) The House passed a bill making permanent the repeal of the estate tax contained in the 2001 tax cut law, which is set to expire after 2010. ACU favored the repeal. The bill passed 272-162 on April 13, 2005.

Michael’s opinion: When we tax people to death all through their life, why should we pick on their progeny too? Hell yes I’d have voted YES for this as the majority and ACU wisely did.

4. Bankruptcy Abuse Prevention and Consumer Protection Act – Passage. S 256 (Roll Call 108) The House passed a bill requiring debtors who have the ability to pay to pay back at least a portion of their debts. The bill also requires credit card companies to let card holders know up front what they are expected to pay and the penalties for late payment. The bill also makes it more difficult for serial bankruptcy filers to abuse the system by imposing an eight year waiting period between bankruptcy declarations. The bill also allows the federal government to clamp down on bankruptcy mills that make money advising bankruptcy abusers on how to game the system. ACU favored the bill. The bill passed 302-126 on April 14, 2005.

Michael’s opinion: I thought it was a good bill. Think of it this way…creditors set their interest rates to account for the certain number of people who can’t or won’t pay them back so the bank can assure a return on their investment (like any good bank with shareholders should.) People who rack up huge credit card bills then declare bankruptcy in order to screw the credit card companies out of being paid back are committing fraud and should have a provision to stop this activity. While there are people who are driven to bankruptcy by factors such as extended unemployment, large-scale medical bills, etc. those are the people who will (hopefully) file one time and this bill didn’t seem too onerous for their legitimate needs. On balance, I would have agreed with the ACU and voted YES on the bill.

5. CAFE Standards – Energy Policy. HR 6 (Roll Call 121) The House rejected an amendment that would have required the Transportation Department to issue regulations raising fuel efficiency standards to at least 33 miles per gallon in automobiles manufactured by model year 2015. ACU opposed the amendment, which was rejected 177-254 on April 20, 2005.

Michael’s opinion: I believe this is the very amendment that pissed me off at Rep. Gilchrest in the first place. Let the auto companies account for better mileage as a marketing factor, not as a mandate. Actually, with the declining sales of large SUV’s, the market will correct itself anyway as far as fleet mileage. So why add a mandate? I would’ve agreed with the ACU and the majority to vote NO on the amendment.

6. ANWR Leasing – Energy Policy. HR 6 (Roll Call 122) The House rejected an amendment that would have prevented leases for oil and gas exploration in a small portion of the Arctic National Wildlife Refuge. ACU opposed the amendment, which was rejected 200-231 on April 20, 2005.

Michael’s opinion: Okay, if it wasn’t the amendment above that made me mad at Wayne Gilchrest, this one would have torn it. He was a supporter, I agreed with the ACU that the amendment was a bad idea. Count me as a NO vote on that one – drill as many holes in ANWR as we need.

7. Abortion Notification – Passage. HR 748 (Roll Call 144) The House passed a bill barring the transportation of a minor girl across state lines to obtain an abortion without the consent of a parent, guardian, or judge. ACU favored the bill, which passed 270-157 on April 27, 2005.

Michael’s opinion: While I think abortion is properly a state issue, because this deals with the practice of crossing state lines to skirt state laws it becomes a federal issue. Throw in the fact that we’re talking about girls under 18, and the fact that I’m pro-life (yes, it’s not a “choice” it’s a child – your personal rights end because you’re doing harm to an otherwise innocent person) and I’m in agreement with the ACU that a YES vote would be correct.

8. Fiscal 2006 Budget Resolution – Conference Report. H Con Res 95 (Roll Call 149) The House adopted the conference report on the resolution setting broad spending and revenue targets for five years, limiting discretionary spending to $843 billion in fiscal 2006, and requiring $70 billion in tax cuts and $34.7 billion in savings. ACU favored the report. The report was adopted 214-211 on April 28, 2005.

Michael’s opinion: Again, it’s a start. The federal budget is at least twice what is necessary, although we can’t get rid of all I’d want to in one lump. I know that, but this is a good step. I agree with the ACU and their support, call it a YES.

9. Natural Gas Moratorium – Fiscal 2006 Interior and Environment Appropriations. HR 2361 (Roll Call 192) The House rejected an amendment that would have lifted the moratorium on natural gas production in the Outer Continental Shelf. ACU favored the amendment, which was rejected 157-262 on May 19, 2005.

Michael’s opinion: As above, drill as many holes in the Outer Continental Shelf as needed. We can thank this amendment rejection (among a myriad of other government-induced regulations) as a reason Delmarva’s electric rates are going to skyrocket. Natural gas is a great producer of electricity. I agree with the ACU and would have said YES with the minority.

10. Embryonic Stem Cell Research – Passage. HR 810 (Roll Call 204) The House passed a bill that would allow the use of federal funds in research on embryonic stem cell lines derived from surplus embryos at in-vitro fertilization clinics, but only if donors give their consent and are not paid for the embryos. ACU opposed the bill, which passed 238-194 on May 24, 2005.

Michael’s opinion: There are no “surplus” embryos to me. I seem to recall reading where adult stem-cell research is as promising as embryonic, and there’s no need to kill the unborn to do it. I agree with the ACU and would have voted NO with the minority.

11. Ten Commandments Court Ruling – Fiscal 2006 Commerce-Justice-Science Appropriations. HR 2862 (Roll Call 257) The House adopted an amendment that would nullify a ruling by a U.S. District Court in Indiana that a monument representing the Ten Commandments must be removed from a county courthouse. ACU favored the amendment, which was adopted 242-182 on June 15, 2005.

Michael’s opinion: This is sort of a “feel-good” amendment and I’m not quite certain whether it’s Constitutional to nullify a decision unless the Supreme Court has refused to hear the appeal. If it were a “sense of the Congress” amendment I would favor it, but because the case wasn’t fully through the appellate process (insofar as I know), I’d allow the case to make its way through the courts before I would agree with the ACU. So it would be a NO vote with the caveats listed above.

12. Firearms Exportation – Fiscal 2006 Commerce-Justice-Science Appropriations. HR 2862 (Roll Call 265) The House rejected an amendment that would have prohibited the exportation of non-automatic or semi-automatic 50 caliber firearms. ACU opposed the amendment, which was rejected 149-278 on June 16, 2005.

Michael’s opinion: America makes guns, and I think it’s proper that whoever wants to own one should be able to – whether they are American or not. I’ll concede that it’s very possible that they could be pointed at Americans abroad but on balance this was a poor amendment. I agree with the ACU and would vote NO.

13. United Nations Population Fund – Fiscal 2006 Commerce-Justice-Science Appropriations. HR 2862 (Roll Call 266) The House rejected an amendment that would have allowed funding for the United Nations Population Fund. ACU opposed the amendment, which was rejected 192-233 on June 16, 2005.

Michael’s opinion: Defund the UN? Are you kidding? I say send their ass packing out of New York and over to Geneva or The Hague or wherever and let’s get out of that fraud of an organization. The ACU is correct and I say hell NO to that amendment.

14. United Nations Overhaul – Passage. HR 2745 (Roll Call 282) The House passed a bill that withholds up to 50 percent of U.S. payments to the United Nations unless the U.N. changes its operations to provide more rigorous budget control, oversight, and financial disclosure for top officials. Overall U.S. contributions under the bill are capped at 22 percent of the U.N. budget. ACU favored these reforms. The bill passed 221-184 on June 17, 2005.

Michael’s opinion: Yeah, it’s a start, although see #13 above. So I’d be for the reforms as is the ACU. I’d vote YES.

15. Corporation for Public Broadcasting – Fiscal 2006 Labor-HHS-Education Appropriations. HR 3010 (Roll Call 305) The House adopted an amendment adding $100 million in funding for the Corporation for Public Broadcasting. ACU opposed the amendment, which was adopted 284-140 on June 23, 2005.

Michael’s opinion: I’d like to defund the CPB, not add more money. So I agree with the ACU and would say NO.

16. Eminent Domain – Fiscal 2006 Transportation-Treasury-Housing Appropriations. HR 3058 (Roll Call 350) The House adopted an amendment that prohibits any use of federal funds on private property obtained through the power of eminent domain for private development. ACU favored the amendment, which was adopted 231-189 on June 30, 2005.

Michael’s opinion: Thanks to the poor Kelo decision, this became an issue last year. It’s an appropriate use of Congressional power to mitigate a poor decision by the Supreme Court, since there’s no appellate court above the Supremes (as opposed to #11 above.) I concur with the ACU and would say YES.

17. Medical Malpractice – Passage. HR 5 (Roll Call 449) The House passed a bill capping non-economic and punitive damages that plaintiffs and their attorneys receive in medical malpractice cases. Punitive damages would be barred against makers and distributors of medical products if those products were approved by the Food and Drug Administration. The bill does not pre-empt state damage caps but imposes federal caps where states do not have their own. The bill limits attorneys’ contingency fees. ACU favored the bill, which passed on July 28, 2005.

Michael’s opinion: Because of the portion of the bill where it doesn’t pre-empt the state caps, the bill makes good sense. While it’s a bit of a reach to limit attorney’s fees, they really should be made more reasonable as a whole anyway. I’m in support of the ACU position and would say YES.

18. Sex Offender Registration – Hate Crimes. HR 3132 (Roll Call 469) The House adopted an amendment broadening the categories covered by the federal hate crimes statute to include crimes motivated by the victim’s gender, sexual orientation, or disability. ACU opposed the amendment. It was adopted 223-199 on September 14, 2005.

Michael’s opinion: There shouldn’t be a federal “hate crimes” statute in the first place. While crime based on a person’s gender, sexual orientation, or disability is reprehensible, these crimes are covered under existing statutes. It’s not a matter of degrees of criminality, you’re either guilty of assault, battery, rape, murder, etc. or you’re not. Like the ACU urges, I’d vote NO to this amendment.

19. Endangered Species Act Overhaul – Passage. HR 3824 (Roll Call 506) The House passed a bill overhauling and reauthorizing the Endangered Species Act through 2010. It replaces the critical habitat designation which has been used to infringe on property rights and requires the government to reimburse landowners when they are not allowed to develop their land because of protections for endangered species. It also authorizes grants for private landowners to protect endangered species. ACU favored the bill, which passed 229-193 on September 29, 2005.

Michael’s opinion: Because this bill reauthorized the ESA, and I think that’s a matter best left to the several states, I disagree with the ACU on this one. I’d have voted NO with the minority.

20. Oil Refinery Construction – Passage. HR 3893 (Roll Call 519) The House passed a bill streamlining approvals for refinery expansion and construction projects. It requires the President to designate federal sites for new oil refineries and allows the federal government to pay new refineries for the costs due to lawsuits and government regulations. Price gouging on gasoline is banned in times of emergencies. ACU favored the bill while recognizing that it contains some questionable provisions. The bill passed 212-210 on October 7, 2005.

Michael’s opinion: The summary “ACU favored the bill while recognizing that it contains some questionable provisions” is along the lines of my thoughts. The part about streamlining approvals is favorable to me, but giving government largesse away and placing a federal law above state laws on gouging troubles me. It’s one of those things where I’d not want to throw the baby out with the bathwater and work to eliminate the troublesome portions of the bill later. This is a YES vote with the ACU’s problems with the measure taken into advisement.

21. Gun Liability – Passage. S 397 (Roll Call 534) The House passed a bill barring lawsuits against manufacturers and distributors of firearms and ammunition making them liable for gun violence. Penalties for violent or drug trafficking crimes using armor-piercing ammunition are increased to a minimum of 15 years imprisonment, or, if death resulted from the use of such ammunition, life in prison or the death penalty. ACU favored the bill. It passed 283-144 on October 20, 2005.

Michael’s opinion: It’s an appropriate use of federal power only because firearms are sold nationally. If it were many other products, I’d be less inclined to trump the states. And because there are federal crimes, the sentencing portions of the bill are appropriate as a guide to judges. The only worry I have about this is expansion of the measure someday to the general public where if someone shot a home invader using this ammunition they would face the same penalties. At this time, I’m with the ACU on the YES vote.

22. Government-Sponsored Enterprises – HR 1461 (Roll Call 541) The House adopted an amendment reforming the quasi-government enterprises Fannie Mae and Freddie Mac prohibiting their funds for political activities, advocacy, lobbying, counseling services, travel expenses, or preparing or providing advice on tax returns. ACU favored the amendment. The amendment was adopted 210-205 on October 26, 2005.

Michael’s opinion: Maybe a touch too restrictive on travel expenses, but overall a good reform package. The ACU is correct in supporting the amendment and I would vote YES to it.

23. Online Freedom of Speech – Passage. HR 1606 (Roll Call 559) The House rejected an attempt to exempt the Internet, including blogs and e-mail, from the definition of “public communication” and thus subject to Federal Election Commission regulation and disclosure requirements. ACU favored the bill, which was rejected 225-182 on November 2, 2005. Although the bill got a majority, under House procedures a two-thirds vote was required.

Michael’s opinion: Gee, I run a blog that tends to support conservative candidates and issues. If a newspaper can run an editorial that disdains conservative positions on issues, is it not my right to point out where the newspaper is wrong? I may not have the circulation of the newspaper, but the last time I checked my copy of the Constitution, Congress cannot abridge freedom of the press (newspapers, radio, television, etc.) OR freedom of speech (my blog.) I’d have voted YES as the ACU would, and probably gotten an ulcer from choking back my urge to bitchslap anyone who voted against the “incumbent protection plan.”

24. Deficit Reduction Act. HR 4241 (Roll Call 601) The House passed a bill to reduce the FY 2006 deficit. Among many other provisions, it allowed oil and natural gas leasing and pre-leasing activities for Outer Continental Shelf areas, terminated subsidies for broadband telecommunications services in rural areas, and provided for energy production on a small portion of the Arctic National Wildlife Refuge, and established a national mining and minerals policy. ACU favored the bill, which passed 217-215 on November 18, 2005.

Michael’s opinion: I’m troubled by the addition of a thousand provisions to the main bill, but most of these would be good cuts. Thus, I’m in agreement with the ACU stance of a YES vote.

25. Border Protection, Antiterrorism, and Illegal Immigration Control Act. HR 4437 (Roll Call 660) The House refused to send the immigration reform bill back to a conference committee. Such a recommittal would have killed the immigration reform effort. Notable provisions of the bill include the expansion of the expedited alien removal program and expansion of the categories and types of crimes that make non-citizens removable. ACU opposed the motion, which was rejected 198-221 on December 16, 2005.

Michael’s opinion: I liked the House immigration reform much more than the Senate version. The post that will be above this one as I write this Sunday morning (and will write on the immigration subject Sunday night) will explain some of my feelings on the immigration issue. Just based on the description the ACU provided and opposed, I would tend to agree with their position and vote NO. But that’s only based on what they say here, not the text of the actual bills.

*****

To summarize: I agreed with the ACU on numbers 2 through 10, 12 through 18, and 20 through 25. I disagreed with the ACU on nunbers 1, 11, and 19. So my ACU rating would be 88. While there are a number of Congressmen who share that 88 rating, my voting record wouldn’t exactly match any of theirs. But it’s certainly more conservative than the nominal Republicans who represent the vast majority of the people who live on Delmarva.

Because this post was so long, I’m going to do a part 3 with the Senate votes sometime early this coming week. I have a lot of posts on items that interest me getting stacked up so look for a pretty regular update schedule.