The Conservative Index: our first look at the 109th Congress shows how every member of the House and Senate voted on key issues, including abortion, the WTO, CAFTA, and UN "reforms.".

House Vote Descriptions

1 Permanent Repeal of Estate Tax. Rep. Kenny Hulshof (R-Mo.) sponsored this bill (H.R. 8) to permanently repeal the estate tax, commonly known as the "death tax." Under current law, the estate tax will be phased out by 2010, but because of a "sunset" provision the tax will be fully eliminated for only one year before being reinstituted. Hulshof's bill would eliminate the sunset clause, making the repeal permanent. The estate tax has forced many cash-poor but asset-rich individuals to liquidate their family farms and other small private businesses rather than bequeath those assets to their loved ones.

The House passed this bill on April 13, 2005 by a vote of 272-162 (Roll Call 102). We have assigned pluses to the "yeas" because permanently repealing the estate tax would be a constitutional tax cut that would benefit the elderly and their families.

2 Fuel Efficiency Regulations. During consideration of the energy policy bill (H.R. 6), Rep. Sherwood Boehlert (R-N.Y.) introduced an amendment to increase the Corporate Average Fuel Economy (CAFE) standards to at least 33 miles per gallon by model year 2015 for automobiles. The standard is now set at an average of 25 miles per gallon. Since neither legislators nor manufacturers have a magic wand to reduce the amount of gas required to move a certain mass a certain distance, this legislation would effectively force manufacturers to reduce vehicle size and weight, thereby limiting consumer choices and making vehicles less safe.

The House rejected Boehlert's amendment by a vote of 177-254 on April 20, 2005 (Roll Call 121). We have assigned pluses to the "nays" because federal regulations limiting consumer choices are unconstitutional.

3 Alaskan Drilling. Rep. Edward Markey (D-Mass.) offered an amendment to delete language in the energy policy bill (H.R. 6) that would allow leases for oil and gas exploration and development in the Arctic National Wildlife Refuge (ANWR) in Alaska. Drilling in ANWR is now banned, and Markey wants to keep it that way despite the fact that ANWR likely contains billions of barrels of oil and could be on a par with Prudhoe Bay, North America's largest oil field.

The House rejected Markey's amendment on April 20, 2005 by a vote of 200231 (Roll Call 122). We have assigned pluses to the "nays" because the United States should develop its own energy resources and reduce its dependence on foreign oil. The Senate had rejected a similar anti-drilling amendment a month earlier (see Senate vote #3).

4 Vocational/Technical Training. This bill (H.R. 366) would reauthorize the Carl D. Perkins Vocational and Technical Education Act, which funds vocational and technical education programs. The bill would authorize $1.3 billion in fiscal 2006 and "such funds as necessary" in fiscal 2007-11. It would also merge Perkins funding with "Tech-Prep," a program that provides certain math and science courses to high school students to "ease the transition" from high school to a vocational or community college.

The House passed this bill on May 4, 2005 by a vote of 416-9 (Roll Call 154). We have assigned pluses to the "nays" because federal aid to education and job-training programs is unconstitutional. The Senate had passed a similar measure two months earlier (see Senate vote #2).

5 Supplemental Appropriations. The final version (conference report) of this supplemental appropriations bill (H.R. 1268) would add another $82 billion to the federal budget for fiscal 2005. The supplemental spending, even if needed and constitutional, should not have been added on to the annual federal budget after the fact, but should have been included as part of the regular appropriations process. The supplemental spending in this bill includes $75.9 billion for defense-related purposes, most of it for the military occupation of Iraq, and $907 million for tsunami victims, the latter clearly unconstitutional.

One particularly objectionable element of this legislation is the REAL ID Act, which was added to the supplemental appropriations bill by the conference committee. The REAL ID Act would authorize the federal government to impose national standards for driver's licenses and thereby develop a national ID system.

The House adopted the final version of H.R. 1268 on May 5, 2005 by a vote of 368-58 (Roll Call 161). We have assigned pluses to the "nays" because the bill contains both unconstitutional spending and the REAL ID Act. The Senate passed identical legislation five days later (see Senate vote #9).

6 Embryonic Stem-cell Research. This bill (H.R. 810) would allow federal funds to be used for research on embryonic stem-cell lines, which can be created only by cannibalizing and destroying human embryos--innocent human life. Proponents contend that the research is needed to combat various diseases, but stem cells from sources other than embryos may provide more promising results, without killing some human beings for the supposed benefit of others.

The House passed the bill on May 24, 2005 by a vote of 238-194 (Roll Call 204). We have assigned pluses to the "nays" because the research would violate the right to life.

7 WTO Withdrawal. Representatives Bernie Sanders (I-Vt.) and Ron Paul (R-Texas) sponsored this measure (House Joint Resolution 27) to withdraw the United States from the World Trade Organization. The WTO is often portrayed as a "free trade" arrangement by its supporters, but it is actually an international bureaucracy that manages trade and imposes its rulings on member nations including the United States--even when those rulings are contrary to U.S. laws. In fact, U.S. membership in the WTO is unconstitutional, since under our Constitution, Congress--not an international body--"shall have the power ... to regulate foreign commerce." That power cannot be transferred short of a constitutional amendment.

The House rejected the WTO withdrawal measure on June 9, 2005 by a vote of 86-338 (Roll Call 239).We have assigned pluses to the "yeas" because our participation in the WTO is unconstitutional and threatens our sovereignty.

8 UN Dues Decrease. During consideration of the Commerce-Justice appropriations bill (H.R. 2862), Rep. J.D. Hayworth (R-Ariz.) offered an amendment to cut the U.S. "contribution" to the United Nations by $218 million.

The House rejected Hayworth's amendment on June 15, 2005 by a vote of 124-304 (Roll Call 253). We have assigned pluses to the "yeas" because reducing U.S. dues to the UN is a step toward defunding it and getting the U.S. out.

9 UN "Reforms." On the surface, this United Nations "reform" bill (H.R. 2745) appears to be a "conservative" get-tough response to UN corruption. It would withhold up to 50 percent of U.S. dues to the UN unless the UN makes certain operational changes, and many "conservatives" voted for it. In reality, the legislation calls for strengthening the UN in the name of "reform." Rep. Ron Paul (R-Texas) warned in his June 13 Texas Straight Talk column that the "reform" bill supports creation of a "Peacebuilding Commission," which "will serve as the implementing force for the internationalization of what were formerly internal affairs of sovereign nations." (For more information about the "reform" trap, see "The UN 'Reform' Bandwagon" in the July 11 issue of TNA.)

The House passed the UN "reform" bill on June 17, 2005 by a vote of 221-184 (Roll Call 282). We have assigned pluses to the "nays" because the "reform" bill is a trap, and the solution to the UN threat is not to "reform" the world body but to get the U.S. out.

10 Mental Health Screening. During consideration of the Labor-HHS-Education appropriations bill (H.R. 3010), Rep. Ron Paul (R-Texas) offered an amendment to "prohibit the use of funds in the bill to create or implement any universal mental health screening program."

The House rejected Paul's amendment on June 24, 2005 by a vote of 97-304 (Roll Call 317). We have assigned pluses to the "yeas" because federally funding such programs is unconstitutional.

Senate Vote Descriptions

1 Minimum Wage. During consideration of the bankruptcy overhaul bill (S. 256), Sen. Ted Kennedy (D-Mass.) offered an amendment to raise the minimum wage from $5.15 an hour to $7.25 an hour. The minimum wage was last raised in 1996 by 90 cents, a far less ambitious amount than Kennedy's $2.10 proposed increase. While this proposal may look tempting to many unskilled workers, it would actually make many of them too expensive to hire.

The Senate rejected Kennedy's amendment on March 7, 2005 by a vote of 46-49 (Roll Call 26). We have assigned pluses to the "nays" because it is unconstitutional for the government to prohibit citizens from working for less than a government-set minimum wage.

2 Vocational/Technical Training. This legislation, like the House version (see House vote #4), would reauthorize the Carl D. Perkins Vocational and Technical Education Act. The Senate version (S. 250) would authorize $1.3 billion for vocational and job training programs.

The Senate passed S. 250 on March 10, 2005 by a vote of 99-0 (Roll Call 43). We have assigned minuses to the "yeas" because federal aid to education and job-training programs is unconstitutional.

3 Alaskan Drilling. During consideration of the budget resolution (S. Con. Res. 18), Senator Maria Cantwell (D-Wash.) offered an amendment to delete language in the resolution that would allow leases for oil and gas exploration and development in the Arctic National Wildlife Refuge (ANWR). Like a similar House amendment (see House vote #3), the intent behind this amendment is to continue the ban against drilling for oil and gas in the ANWR.

The Senate rejected Cantwell's amendment on March 16, 2005 by a vote of 49-51 (Roll Call 52). We have assigned pluses to the "nays" because the United States should develop its own energy resources and reduce its dependence on foreign oil.

4 Funding Local Law Enforcement. During consideration of the budget resolution (S. Con. Res. 18), Sen. Joseph Biden (D-Del.) offered an amendment to increase funding for the COPS (Community Oriented Policing Services) program by $1 billion. (As described in the amendment's "Purpose," this additional funding will be "fully off-set by closing corporate loopholes and will generate $2 billion in revenue"--that is, additional taxes.)

The Senate rejected Biden's amendment on March 17, 2005 by a vote of 45-55 (Roll Call 70). We have assigned pluses to the "nays" because federal aid to local police forces is unconstitutional and invites federal control.

5 Funding Special Education. During consideration of the budget resolution (S. Con. Res. 18), Sen. Mark Dayton (D-Minn.) offered an amendment to provide a fund of $71.3 billion for special education programs under the Individuals with Disabilities Education Act (IDEA).

The Senate rejected this amendment on March 17, 2005 by a vote of 37-63 (Roll Call 79). We have assigned pluses to the "nays" because federal funding of education is unconstitutional.

6 Abortion. During consideration of the State Department authorization bill (S. 600), Sen. Barbara Boxer (D-Calif.) offered an amendment to repeal the rule prohibiting U.S. foreign aid from going to organizations that provide or promote abortions. Known as the "Mexico City" policy, this rule was imposed by President Reagan, lifted by President Clinton, and then reinstated by the second President Bush.

The Senate adopted Boxer's amendment on April 5, 2005 by a vote of 52-46 (Roll Call 83). We have assigned pluses to the "nays" because any federal aid to provide or promote abortions violates the right to life.

7 Budgeting for Overseas Military Operations. During consideration of the supplemental appropriations bill (H.R. 1268), Senator Robert Byrd (D-W.Va.) proposed a nonbinding amendment stating that "any request for funds ... for an ongoing military operation overseas, including operations in Afghanistan and Iraq, should be included in the annual budget of the President." Arguing for his amendment on the Senate floor, Byrd expressed frustration that funding for the wars in Iraq and Afghanistan has been provided by "stopgap spending" and "emergency supplemental spending bills," when this funding should instead be accounted for in the annual budget.

The Senate adopted this amendment on April 18, 2005 by a vote of 61-31 (Roll Call 96). We have assigned pluses to the "yeas" because the amendment would encourage fiscal responsibility.

8 AgJOBS (Amnesty). Sen. Larry Craig (R-Idaho) tried to get the so-called AgJOBS bill through the Senate by attaching it as an amendment to the supplemental appropriations bill (H.R. 1268). The AgJOBS measure would grant agricultural workers who are in this country illegally temporary residence status, thereby granting them amnesty and putting them on a path toward U.S. citizenship. If adopted, AgJOBS would be an open invitation for other non-citizens to cross our borders illegally with the expectation that they too would receive amnesty.

AgJOBS supporters attempted to push their measure forward by invoking "cloture," thereby limiting the debate that has stalled the measure, bringing it up for a vote. A three-fifths majority vote of the entire Senate (60 votes) is needed to invoke cloture. The Senate rejected the motion to invoke cloture on April 19, 2005 by a vote of 53-45 (Roll Call 98). We have assigned pluses to the "nays" because the AgJOBS measure would provide amnesty to many illegal aliens.

9 Supplemental Appropriations. The final version (conference report) of this legislation is described in House vote #5. The Senate adopted the conference report on May 10, 2005 by a vote of 100-0 (Roll Call 117). We assigned minuses to the "yeas" because the bill contains both unconstitutional spending and the REAL ID Act.

10 CAFTA. This bill (S. 1307) would implement the proposed Central American Free Trade Agreement (CAFTA), thereby expanding both the North American Free Trade Agreement (NAFTA) and the job losses wrought by NAFTA. CAFTA is intended by the Power Elite to be a steppingstone from NAFTA to the proposed Free Trade Area of the Americas (FTAA), which would include all of the countries of the Western Hemisphere except (for now) Cuba. Like NAFTA, which has already begun imposing its trade rulings on America, CAFTA and the FTAA would not be genuine free trade arrangements; they would instead manage trade and would gradually exercise more powers on the road to a supranational government modeled after the EU.

The Senate passed the CAFTA bill on June 30, 2005 by a vote of 54-45 (Roll Call 170). We have assigned pluses to the "nays" because CAFTA would further damage the U.S. economy and threaten U.S. sovereignty.

About This Index

"The Conservative Index" rates congressmen based on their adherence to constitutional principles of limited government, to fiscal responsibility, to national sovereignty, and to a traditional foreign policy of avoiding foreign entanglements. Preserving our Constitution, the freedoms it guarantees, and the moral bedrock on which it is based is what the word "conservatism" once meant and how it is being applied here.

To learn how any representative or senator voted on the key measures described herein, look him up in the tables on pages 28-33. The scores are derived by dividing a congressman's conservative votes (pluses) by the total number he cast (pluses and minuses) and multiplying by 100. (A "?" indicates that a congressman did not vote. and a "P" indicates that he voted "Present." If a congressman cast fewer than five votes in this index, a score is not assigned.)

The average House score for this index (votes 1-10) is 36 percent: the average Senate score is 42 percent. Rep. Ron Paul (R-Texas) was the only member of either house of Congress to earn a perfect score of 100. In the Senate, the top score was 80, earned by Mike Crapo (R-Idaho) and John Thune (R-S.D.).

We encourage readers to examine how their own congressmen voted on each of the 10 key measures as well as overall. We also encourage readers to commend legislators for their conservative votes and to urge improvement where needed. For congressional contact information go to www.thenewamerican.com/congress/.