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Utah Senator Bob Bennett is No Friend of the Constitution

Posted by Connor on January 19th, 2010

photo credit: Deseret News

Due primarily to the influence of a large number of members of the LDS Church, Utah has an interesting political dynamic with regards to the Constitution. A majority of residents would agree with the statement that the Constitution is an inspired document, and many profess a love of and respect for this foundation of our government. More importantly, there are many who are willing to promote and defend its principles—evidenced by the swelling ranks and increased activity of organizations such as the Campaign for Liberty, Tea Party Patriots, 9/12, Patrick Henry Caucus, John Birch Society, and others.

At a time when our Constitution is being ignored, subverted, and dismissed as an anachronistic piece of history, we have seen a number of individuals who are concerned enough to offer their services in its defense by stepping into the 2010 Senate race. Many of the positions held by these candidates are familiar to Utahns because they are based in the Constitution, founded upon the principles of liberty, and resonate with individuals seeking to get the federal government off of their backs and out of their wallets.

Three-term incumbent Senator Bob Bennett, however, appears clearly out of step with this adherence to the Constitution and out of touch with his constituents. So foreign is his message to those he portends to represent that in one recent “fireside chat” he stated that he was holding such meetings to “reintroduce [himself] to the people of Utah.” A recent poll showed that 73% of Republicans voters feel that congressional Republicans have lost touch with their base. Senator Bennett, then, certainly has plenty of company.

Speaking with campaign platitudes such as “the fight is now,” Bennett has crafted a campaign speech based on scary numbers, Democrat blunders, and the perilous situation in which we find ourselves as a nation. Notably, the only mentions of the Constitution on his campaign site, with one minor exception, are from others leaving comments on his posts. Senator Bennett simply does not speak the language of the Constitution.

Nowhere is this better demonstrated than by the Senator’s words, attitudes and approach to his own work and legislation. When Senator Bennett was asked regarding the constitutionality of the health care bill he has worked on—a bill which, like Obama’s version, would include a forced mandate requiring every American to purchase health insurance—the following response was made:

Bennett said this week that the constitutional issues never came up as they crafted their health care fix. He said he looked at the individual mandate in health care as something analogous to the requirement to have car insurance.

Never mind the fact that the car insurance reference is a poor comparison full of holes, so much so that one is left wondering how a three-term Senator could even relate the two. More important here is the frank admission that when crafting a significant—though detestable—piece of legislation, Senator Bennett did not even bother considering whether he and his colleagues even had the constitutional authority to do any of it.

Lest the reader think that this is an anomaly in an otherwise stellar career of constitutional advocacy, it becomes necessary to dig a little deeper to gain a better understanding of why Senator Bob Bennett is no friend of the Constitution. Upon assuming office for each of his three terms, this man (like all of his colleagues) made an oath which says, in part, that he would “support and defend the Constitution.”

In this, Senator Bennett has failed.

The reader’s attention span and this article’s succinctness require that only a select few of Senator Bennett’s votes be cited as evidence of his indifference towards (if not disdain for) the Constitution. This author has identified, at the time of writing, a total of 84 votes by the Senator on controversial, significant, or otherwise notable pieces of legislation which stand in stark contrast to the limited powers conferred by “We, the People” to Congress and the principles of liberty enshrined in the Constitution. A few examples will suffice to illustrate Senator Bennett’s unfriendliness towards this document.

Trade Promotion Authority

In November of 2001, the House of Representatives passed a bill to give President Bush “Trade Promotion Authority” (previously called “fast-track authority”) in order to negotiate so-called “free trade” agreements. By passing this bill, Congress was limiting its own legislative powers since they would only be able to vote up or down on the President’s proposed agreements. Just as European countries have seen a loss of sovereignty with the expanding power and influence of the European Union, so too would the United States be further bound by agreements that are publicly labeled as “free trade” but in reality are bureaucratic-managed trade imposing onerous regulations, siphoning money, and diminishing the sovereign power of our own legislative bodies to determine what is best for our country.

The Senate version of the bill went a step further by expanding trade agreements, and increasing the entitlement programs under the Trade Adjustment Assistance—an individual bailout agency which provides benefits, subsidies, and other financial assistance for workers who lose their jobs as a result of foreign competition. Senator Bennett joined 65 of his colleagues in voting for this bill. At the time of its passage, the Congressional Budget Office calculated that it would have a net negative impact of $12 billion over the next decade.

Agriculture Emergency Assistance

A farm bill was proposed in the Senate in late 2001 to reauthorize the federal government’s many (un-constitutional) agricultural programs. One of the 245 amendments was proposed by Senator Baucus (D-MT) which would amend the bill to mandate $2.35 billion in emergency agricultural assistance, including $1.8 billion for a crop disaster program, $500 million for livestock, and $100 million for apple growers—essentially, a bailout for the agricultural industry.

According to Senate rules, a point of order is allowed if any change in spending would exceed the totals established by Congress in the Budget Act, and 60 votes (three-fifths of the Senate) are required to dismiss the point of order and carry on with the business. This amendment qualified under the terms here described, and Senator Lugar (R-IN) raised the point of order. The vote to dismiss this point of order (or in other words, the vote to support this massive bailout and shut down an attempt to question its fiscal wisdom) passed by 69-30.

Senator Bennett was among those who supported this bailout. The amendment then proceeded and was successfully passed on a voice (unrecorded) vote.

One year later brought the same thing, only at a higher cost. In debate on the appropriations bills House Resolution 5093, Senator Dashcle (D-SD) proposed an amendment to provided nearly $6 billion in “disaster” aid to farmers affected by drought. This money came in addition to what was appropriated the previous May in the 10-year farm bill, which the Congressional Budget Office estimated would cost $781 billion.

As happened previously, a point of order was raised, and Daschle made a motion to wave the Budget Act with respect to his amendment. This motion—another vote in support of a bailout for the agricultural industry—was passed on September 10, 2002 by a vote of 79 to 16. Senator Bennett voted in favor of this bailout, helping lead to a voice vote passing Daschle’s amendment.

Debt Limit Increase

On May 23, 2003 the Senate passed House Resolution 51 by a vote of 53 to 44. This resolution raised the public debt ceiling by $984 billion (after being raised by $450 billion the year previous). On September 27, 2007 the Senate passed House Resolution 43 by a vote of 53 to 42, raising the debt limit by $850 billion to a new high of $9.8 trillion. This was the fifth increase in the debt limit since 2002, representing a $3 trillion increase over the previous five years. The debt limit has been raised several other times, of course, but showing just these two votes is an interesting snapshot when contrasted with the fact that while Senator Bennett voted for these big-government debt increases, he voted against raising the debt limit when the President pushing for the increased debt had a “D” after his name, rather than an “R”.

Prescription Drug Benefit

On November 25, 2003 the Senate voted 54 to 44 to pass the final conference report of House Resolution 1. This version created a prescription drug benefit for Medicare recipients which would heavily subsidize the purchase of drugs for seniors and low-income recipients. The total cost of this un-constitutional program was projected at the time of passage to be $434 billion, was revised one month later to be $534 billion, and just over one year after that was projected to cost $1.2 trillion over the decade following its enactment. According to one report, this benefit program alone “adds some $17 trillion to the projected Medicare shortfall — an amount greater than all of Social Security’s unfunded obligations.”

Senator Bennett was among those voting for this un-constitutional subsidization of medicine and bailout for seniors and low-income families.

The Mother of All Bailouts

The Emergency Economic Stabilization Act of 2008 (which, of course, did not stabilize the economy) passed 74 to 25 in the Senate on October 1, 2008.

This bill, as most know, authorized the Treasury Department to enjoy a $700 billion line of credit (of taxpayer money) to purchase “troubled” mortgage-related securities from banks and other financial institutions. This bailout also increased the FDIC protection for bank accounts from $100,000 to $250,000, extended dozens of tax provisions set to expire, and increased incentives for renewable energy development and use, among other things. The fear-based argument used to justify political support for this bailout—that the lending markets were frozen, the economy was on the cliff and it needed a “jump start”—have since proven false. Senator Bennett bought into this fear hook, line, and sinker as demonstrated by a recent statement in which he said:

I strongly believe we did the right thing by passing the initial round of TARP to make credit available and avoid a collapse of the entire system.

Conclusion

Senator Bob “Bailout” Bennett will feel the heat on the campaign trail this year as he attempts to justify his votes and defend or redefine his record. Perhaps he agrees with then-President Bush who, defending his own support for the bailouts, declared, “I’ve abandoned free-market principles to save the free-market system.”

Just as one cannot save the free market by abandoning the principles upon which it is founded (and, in fact, promoting government action which would have a damaging effect on the very thing supposedly trying to be saved), one cannot save the Constitution by repeatedly ignoring its restrictions on authority.

Senator Bennett has found it necessary to “reintroduce” himself to the people of Utah no doubt because he is unrecognizable as a Senator who has sworn an oath to support and defend the Constitution, because he failed to stand up and carry out that oath. Perhaps this analysis is what led the President of the Club For Growth to recently state that “Bob Bennett is out of touch with the times and with his state, and Utah Republicans have better choices for their candidate in November.”

Jesus Christ once taught his followers that “by their fruits ye shall know them”. One can only assume that Senator Bennett is a kind and friendly individual, but his fruits—of which only a very small portion have been highlighted in this article—clearly demonstrate who Bennett is not, and that is a friend of the Constitution.

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27 comments so far. Care to chime in?

I tried to find out what Bob Bennett’s political stances are by visiting his website—he doesn’t list them. He assumes that “Republican” is enough of a clarification of his political beliefs.

#1 Jeffrey T | January 19th, 2010 5:02 PM

Connor,

It may help your point a little to include a large number of examples in rapid, bullet-point format, rather than just extensive paragraphs on a few of them.

#2 Jeffrey T | January 19th, 2010 5:06 PM

Connor: Welcome to the Defriended-by-Bennett club! For me it was exhilarating that he could not take the heat of a very pointed but not rude question on my part a month or two ago.

I feel it coming. Bennett is history, and for good reason. We deserve far better. In addition to the items you list above, his vote on allowing wiretapping and surveillance for just about any reason is reason enough to send him packing.

Mike Lee is the anti-Bennett. In other words, what makes Mike Lee doubly attractive in this race is that he is Constitutionally everything that Bennett is not. Utahns have a great deal of integrity in religious matters. I suspect that this election will be a healthy turning point–that their political integrity will catch up with their religious integrity to a great degreed by voting for someone who does not absolutely disdain the Constitution.

#3 Frank Staheli | January 19th, 2010 10:35 PM

Looks like the followers of Madison are trying to hold the Hamiltonians accountable for not adhering to Madison’s view. That’s just silly.

#4 Joseph | January 20th, 2010 8:54 AM

I have listened to Bob Bennett in this “phone call” town hall meetings. Very frustrating, because if you ask a question you are muted after, and cannot ask him to elaborate or even give any kind of rebuttal. You are right on Connor, and I’m grateful you are putting your words out there.

If you live in Summit or Wasatch County, I’m the Summit County Co-ordinator, and working on Wasatch County as well. We are ready to hand Bob Bennett his pink slip. JOIN US. http://www.theSTARforum.org STAR stands for Save The American Republic.

#5 Jacqueline Smith | January 20th, 2010 11:05 AM

Conner,

Love your site and your insightful writing. I agree with you: I have been very disappointed in sen Bennett’s voting record. One of the commenters has mentioned Mike Lee as a good alternative. After reading Mike Lee’s website, I have to say that I cannot support him, either. He’s just more of the same – wants to have the appearance of supporting the constitution, but wants to vote for things not authorized by it. e.g. He wants to create a database of everyone in the US. He says it’s to prevent illegal immigrants from getting a job, but I would rather have freedom. Mike Lee also favors a flat tax. What’s to prevent congress from raising the “flat rate” to 90%? The only real way to fix the income tax system is to abolish it. In my opinion, Mike Lee is just like Bob Bennett – he just wants to drive off the cliff at 30 mph, Instead of 70 mph. If I could find a candidate who would just say “I will vote the exact same way Ron Paul does”, well, he’d (she’d) get my vote and my support. I’d go knock on doors for such a candidate.

#6 Oldjarhead | January 20th, 2010 3:17 PM

Mike Lee will make a wonderful Senator. The federal government needs to go back to the original intent of the founding fathers and have limited government. For this to happen the states have got to pick up the slack on things like education. It is the chicken and egg problem. With education for example, Utah leans heavily on the feds for funding. Until out legislature is able to match what they are giving now plus what the feds are giving us we cannot tell the feds to take a hike. I say we should elect Mike to go fight to end these non constitutional mandates and at the same time ask our legislature to put up or shut up.
Mike has my vote.

#7 Brad Caldwell | January 20th, 2010 3:41 PM

Oldjarhead,

I don’t think you can say that Mike Lee is just like Bennett even if you don’t favor the flat tax and the database. His understanding and committment to the Constitution are almost the polar opposite of Bennett.

Personally I’m not gung-ho about the database idea either, but as for the flat tax, who’s to stop COngress from raising it to 90%? – We the people. While I would love to see the income tax abolished the fact is that our current tax system has 40% of the population paying nothing in taxes which means 40% of the population who have nothing to lose (that they can see) when government serivces cost too much or when they are expanded. On top of that we have another 30% of the population who pay less in taxes than “their fair share” (being defined as the same proportion as they make in income) for the services that we have. Suddenly there is only 30% of the population that is financially motivated to keep government limited – no wonder it is growing out of control. A flat tax would go a long way toward fixing that because virtually all the voters would be paying for the expanding government.

Now my challenge to you – if you don’t think Mike Lee is not good enough show me any candidate better than him. If he’s headed toward the cliff at 30 mph let me know who in this race is headed there at 25 mph. As far as I have been able to find none of the other candidates are better than (or even as good as) Mike.

#8 David | January 20th, 2010 4:17 PM

Brad, David,

I appreciate your comments – well reasoned, polite debate always helps to clarify one’s own thoughts.

However, I have decided that I will not vote for the “lesser of two evils” anymore. I voted for Reagan. And saw great expansion of gov’t and erosion of freedom (think “asset forfeiture” and “dept of education expansion”, rather than abolishment, as had been promised, etc.)

I have decided, that for me, voting for the lesser of two evils is still voting for evil, and I won’t do it. If there is no one worthy of my vote, then I vote for “none of the above”.

To continue with the cliff analogy, I won’t vote for or support anyone who wants to drive off the cliff.

Several years ago, I helped campaign for a candidate who was “principles- driven” (as opposed to “issues – driven”) he told everyone what the principles were, and from that, I could tell you where he stood on any issue.

Please tell me (and this is a sincere request) what Mike Lee’s prinicples are. From reading his website, I can tell you a couple of them: He supports the Income Tax. He supports gov’t tracking of all Americans (unless you can certify who is allowed to work and who isn’t without it. I can’t think of a way.) He supports the Second Amendment to the Constitution, (but doesn’t clarify what that entails – would he keep the ATF?)

There are more, of course, but those were the ones that jumped out.

For contrast, I know what Ron Paul’s principles are, so I can easily tell you where he stands on any issue.

I wish you all the best!

#9 Oldjarhead | January 20th, 2010 4:42 PM

Oldjarhead,

I don’t vote for the lesser of two evils, either. And yet I’m supporting Mike Lee. Chew on that. :)

#10 Connor | January 20th, 2010 4:45 PM

Oldjarhead,

I don’t condone voting for the lesser of two evils either – I choose to vote for the best person I can find. I voted none of the above in the 2008 presidential race but I can’t find a better candidate than Mike – even among people who are not running. If you think there are better positions to support than Mikes find a someone who supports those and encourage them to run – even if it’s yourself.

#11 David | January 20th, 2010 5:27 PM

Mike is an amazing individual. I think you should express your concerns in constitutional terms to Mike. Ask him the questions and then if you decide not to vote for him then that is your choice. I know of nobody out there who understands the proper role of government better than Mike. Mike will act upon that knowledge and make great decisions. I wholeheartedly support Mike Lee because I know him and absolutely trust him to do the right thing based on correct principles and constitutional mandates.

#12 Brad Caldwell | January 20th, 2010 5:48 PM

You talk about voting … will you even get the chance? The problem we have in our state is that most people don’t really understand the process. In order for Mike Lee to be on the ballot at all, or Cherilyn Eagar, or James Williams, or Tim Bridgewater, all who are running for this seat, the STATE DELEGATES must elect them instead of Bob Bennett. If you want to have SAY on who that person is on the ballot in November, join the Repbulican party, and become a delegate. There are many of us that can help you in this process. If you want to connect with someone that will teach you the precinct process go to http://www.utahrising.com and find a county coordinator in your area.

#13 Jacqueline Smith | January 20th, 2010 7:06 PM

I agree completely, Connor. Mr. Bennett needs to find a new job, and while we’re at it, let’s send Mr. Hatch packing as well. I’m not familiar with Mike Lee. So far I have liked Cherilyn Eagar, but I admit, I have been preoccupied with other things and haven’t been following the race very closely. As a current Republican Party state delegate, I get a call about once a week for some survey that is obviously being paid for by Mr. Bennett. I think he is running scared.

#14 rachel | January 20th, 2010 8:55 PM

I am planning on running as a delegate in weber county just so I can help get rid of Hatch and Bennett. I will only cast a vote for someone who is principled. A public database is not the answer and neither is a flat tax. The IRS needs to be abolished! FED needs to be abolished! The 16th an17th amendments need to be repealed.

#15 Marc | January 21st, 2010 10:29 AM

Rachel, I also like Cherilyn Eager (or at least I like a lot of the principles she speaks about) but I don’t love her. She has a loose interpretation of the enumerated powers granted to the legislative branch in article 1, section 8 of the US Constitution. She claims that the ‘necessary and proper clause’ (which many legislators have interpreted to mean they can do whatever they want) gives her authority to legislate things not enumerated in the Constitution. She does this while at the same time advocating the 9th and 10th amendments. But you can’t claim that congress has the authority to legislate anything it deems necessary while at the same time advocating that the powers not delegated to the federal government are reserved to the states/people. She’s inconstant.

As for those of you who have raised concerns about Mike’s stance on a database and/or flat tax, why don’t you ask him to clarify his stance on those issues? Every issue I’ve asked him to clarify he has sited under which enumerated power congress has the authority to legislate and by what moral ground he feels congress should act. He’s not founding father material in my mind but he will at least bind himself down to the Constitution that they created. I can’t say the same about Bennett or Eager though.

#16 Jim Davis | January 21st, 2010 11:54 AM

Wow, Jim … That stance on Cherilyn is the exact opposite impression I was given. I felt she talks about that clause and says that is what Congress has been doing, and that is NOT right. Necessary and proper to legislate ONLY WITHIN their limitations is what I take from what she has said. I just really think you must have misinterpreted some of the things Eagar has said. I feel Eagar has a little more “fire” than Mike, but I think Mike is extremely well versed. I would like to see a primary between the two of them, and give the people a chance to pick the better of the two Consitutional candidates.

#17 Jacqueline Smith | January 21st, 2010 2:51 PM

Mike Lee is no friend of the Constitution. On his campaign website he advocates continuing social security and medicaid. Where in the constitution does it allow for those programs? Also, if Mike Lee is so intent on clearing up the meaning of the constitution why doesn’t he seek a position in the courts which have gained that power? Mike Lee only seems to be saying the right things but I HIGHLY doubt he would follow through with half of what he has said.

#18 Clay Winston | January 21st, 2010 3:43 PM

Ha, I love it!

Our friend Clay Winston accessed my blog by searching “Senator Bennett” on http://blogsearch.google.com. Even better is that, based on his IP address, he’s accessing this blog from the network operated by the United States Senate in Washington, D.C.

Gee, I wonder who Mr. Winston is a fan of? Bennett’s operatives are now trying to discredit their biggest foe, Mike Lee, so that they can keep their job. Sorry, Mr. Winston, but your anti-Mike stuff won’t fly here.

#19 Connor | January 21st, 2010 3:59 PM

Jacqueline, I have private correspondence that clearly shows that Cherilyn’s interpretation of the general welfare and necessary and proper clauses is far out of line with the proper role of the federal government according to the Constitution—all in the name of regulating “debauchery”. When challenged to back up her position, she stopped replying to me. I’d be happy to give you more details privately.

#20 Connor | January 21st, 2010 4:16 PM

This is hilarious!!! If Clay is a supporter of Bennett, does he realize that Bennett has promised to exert any and all efforts to continue Social Security as long as he is able? He made this promise to my face, in a personal conversation. And yet he accuses Mike Lee of supporting these “unconstitutional” programs?

#21 Jeffrey T | January 21st, 2010 4:30 PM

I’m curious — what is Mike Lee’s stance on continuing Social Security (and all other government entitlement programs) besides honoring the government’s commitment to those who have already paid in? Any talk of phasing out the SSA and other such organizations all together?

#22 S. Logan | January 21st, 2010 7:18 PM

Welcome to the Internet “Clay”

#23 Russell | January 22nd, 2010 11:03 PM

I’ve heard both Cherilyn and Mike speak and I think that they both have an excellent grasp on the Constitution. However I have a real concern about how “slick” a speaker Mike is. The problem is, I don’t see any depth in him. Get past the constitution, and there’s nothing there.

What track record does he have in politics? Cherilyn has 30 years of working for candidates and creating 501C3 organizations fighting various causes for the family.

But my biggest beef with Mr. Lee is that he legally represents Energy Solutions who wants to dump toxic waste in Utah, while Utah doesn’t want it. So who will he REALLY represent?

#24 Rocky N | January 28th, 2010 7:35 PM

Rocky
If you don’t see depth in Mike then you need to get to know him better. You need to understand the difficulty he had in deciding to run and the internal desire to make a difference in our great land and right the wrongs that are happening in Washington. Spend the time to know the man and you will find the leader we need.
When it comes to energy solutions, blame the state legislature for allowing it in the first place and ask our fellow conservatives why they allowed it. Mikes company was hired to help energy solutions hold our lawmakers to the laws and rules they made.
Mike is a great guy and will have my vote.

#25 Brad C | January 28th, 2010 8:03 PM

Check out what Senator Bennett said today during his campaign kickoff with Neocon Newt Gingrich:

I think we should be a little bit careful in saying ‘all we need to do is have everybody honor his or her oath of office to the Constitution’ because there are as many versions as to what the Constitution really means as there are careful examiners of the wording and history of it.

Here’s a video of it.

#26 Connor | February 3rd, 2010 11:55 PM

How in the world can people trust someone who thinks being bound by their own voluntary oath is optional – who won’t even attempt to defend their actions as being in keeping with that oath?

#27 David | February 4th, 2010 9:08 AM

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