Freedom Index 118-2 - The New American
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Freedom Index

A Congressional Scorecard Based on the U.S. Constitution

Freedom Index 118-2

The Freedom Index rates congressmen based on their adherence to constitutional principles of limited government, fiscal responsibility, national sovereignty, and a traditional foreign policy of avoiding foreign entanglements.

The scores are derived by dividing a congressman's constitutional votes (pluses) by the total number he cast (pluses and minuses) and multiplying by 100. The average House score for this index is 32 percent, and the average Senate score is 30 percent. Twenty-five representatives and two senators earned 100 percent. We encourage readers to examine how their own congressmen voted on each of the 10 key measures. We also encourage readers to commend legislators for their constitutional votes, and to urge improvement where needed.

Freedom Index 118-2

The Freedom Index rates congressmen based on their adherence to constitutional principles of limited government, fiscal responsibility, national sovereignty, and a traditional foreign policy of avoiding foreign entanglements.

The scores are derived by dividing a congressman's constitutional votes (pluses) by the total number he cast (pluses and minuses) and multiplying by 100. We encourage readers to examine how their own congressmen voted on each of the 10 key measures. We also encourage readers to commend legislators for their constitutional votes, and to urge improvement where needed.

Our second look at the 118th Congress shows how every member of the House and Senate voted on key issues such as continuing resolutions, abortion (House only), Ukraine (House only), and Covid vaccine mandates (Senate only).

Senate

11. EPA Truck Emissions Rule (Veto Override)

Date: 6/21/2023
Good Vote: Yes
S. J. Res. 11 would formally disapprove of an Environmental Protection Agency (EPA) rule mandating stricter emissions standards on heavy-duty vehicles and engines. The rule aims to reduce nitrogen oxide emissions from such vehicles by nearly 50 percent by 2045. The Senate failed to override President Biden’s veto of S. J. Res. 11 on June 21, 2023 by a vote of 50 to 50 (Roll Call 167). We have assigned pluses to the yeas because the federal government has no authority under the Constitution to implement environmental regulations. Furthermore, the EPA’s rule feeds right into the climate-change hoax and, by extension, the UN’s Agenda 2030, and would impose onerous regulations on businesses.

12. ATF Firearm Brace Rule

Date: 6/22/2023
Good Vote: Yes

H. J. Res. 44 would formally disapprove of a January 2023 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule expanding the definition of a “short-barreled rifle” to include those with stabilizing braces, and requiring such firearms to comply with various requirements under the National Firearms Act (NFA).

The Senate rejected H. J. Res. 44 on June 22, 2023 by a vote of 49 to 50 (Roll Call 171). We have assigned pluses to the yeas because the ATF’s stabilizing-brace rule violates the Second Amendment-protected right to keep and bear arms. Furthermore, there is no constitutional basis for the ATF’s or NFA’s existence.

13. Declaration of War

Date: 7/19/2023
Good Vote: Yes

During consideration of the fiscal 2024 National Defense Authorization Act (S. 2226), Senator Rand Paul (R-Ky.) offered an amendment “to express the sense of Congress that Article 5 of the North Atlantic Treaty does not supersede the constitutional requirement that Congress declare war before the United States engages in war.” Under Article 5, member nations of NATO “agree that an armed attack against one or more of them … shall be considered an attack against them all and consequently they agree that, if such an armed attack occurs, each of them … will assist the Party or Parties so attacked.”

The Senate rejected Paul’s amendment on July 19, 2023 by a vote of 16 to 83 (Roll Call 191). We have assigned pluses to the yeas because according to the U.S. Constitution only Congress has the authority to declare war. U.S. membership in NATO increases the likelihood of the United States being dragged into a war that neither the American people nor Congress wants. Rather than allowing NATO and its UN parent to determine when we go to war, we should get out of both organizations.

14. Covid Vaccine Mandates

Date: 7/26/2023
Good Vote: Yes

During consideration of the fiscal 2024 National Defense Authorization Act (S. 2226), Senator Ted Cruz (R-Texas) offered an amendment to “Prohibit the Secretary of Defense from issuing any replacement Covid-19 vaccine mandate without Congressional approval.” Cruz’ amendment would also require the Department of Defense to (1) “reinstate any service member separated solely for Covid-19 vaccine status who wants to return to service”; (2) “restore the rank of any service member demoted solely for Covid-19 vaccine status”; (3) adjust to “honorable” any “general” discharge given due to Covid-19 vaccine status; (4) “expunge … any adverse action based solely on Covid-19 vaccine status”; and (5) “make every effort to retain service members not vaccinated against Covid-19.”

The Senate rejected Cruz’ amendment on July 26, 2023 by a vote of 46 to 53 (Roll Call 199). We have assigned pluses to the yeas because it is unconstitutional to force vaccinations on people.

15. Continuing Resolution

Date: 9/30/2023
Good Vote: No

H.R. 5860, the “Continuing Appropriations Act, 2024 and Other Extensions Act,” would appropriate federal government funding at fiscal 2023 levels from October 1, 2023 through November 17, 2023. Additionally, it would appropriate $16 billion in disaster relief for fiscal 2024 and extend federal authorization for multiple programs, including certain Medicare, Medicaid, and Federal Aviation Administration programs. Notably, the bill does not include funding for Ukraine.

The Senate passed H.R. 5860 on September 30, 2023 by a vote of 88 to 9 (Roll Call 247). We have assigned pluses to the nays because Congress needs to cut spending to avoid fiscal disaster. Additionally, Congress’ inability to promptly pass a 2024 budget, instead using a continuing appropriations bill that funds the federal government at bloated fiscal 2023 levels, illustrates the breakdown of the federal budgeting process.

16. Mask Mandates

Date: 10/25/2023
Good Vote: Yes
During consideration of a consolidated appropriations minibus (H.R. 4366), Senator J.D. Vance (R-Ohio) offered an amendment that would prohibit any funds made available by the bill for the Transportation Department for fiscal 2024 to be used to enforce a Covid-19 mask mandate. The Senate adopted Vance’s amendment on October 25, 2023 by a vote of 59 to 38 (Roll Call 266). We have assigned pluses to the yeas because the federal government has no authority under the Constitution to impose mask mandates.

17. U.S. Military in Niger

Date: 10/26/2023
Good Vote: Yes
Senator Rand Paul (R-Ky.) introduced a joint resolution (S. J. Res. 44) to direct the president to remove U.S. Armed Forces from hostilities in or affecting Niger. The resolution noted that a coup d’etat in July 2023 triggered a regional conflict that threatens to involve U.S. military forces in the country. As of June 2023, more than 1,000 members of the U.S. military were deployed there. The Senate blocked Paul’s joint resolution on October 26, 2023 by a vote of 11 to 86 (Roll Call 270). We have assigned pluses to the yeas because the deployment of U.S. forces to Niger was not specifically authorized by Congress, and under the Constitution only Congress has the power to declare war.

18. Consolidated Appropriations Minibus

Date: 11/1/2023
Good Vote: No

The Consolidated Appropriations Act, 2024 (H.R. 4366) would provide roughly $279 billion in total discretionary spending for three of the 12 fiscal 2024 appropriations bills. This includes funding for Defense Department military construction projects; the Department of Veterans Affairs, Department of Agriculture, Food and Drug Administration, Department of Transportation, and Department of Housing and Urban Development; and various other government agencies.

The Senate passed H.R. 4366 on November 1, 2023 by a vote of 82 to 15 (Roll Call 284). We have assigned pluses to the nays because, with the exception of the Department of Defense, none of these federal departments or agencies is authorized by the Constitution. Furthermore, in light of a $33.9 trillion national debt and a $1.7 trillion budget deficit, this appropriations bill is fiscally irresponsible.

19. Student Loan Repayment Rule

Date: 11/15/2023
Good Vote: Yes

S. J. Res. 43 would formally disapprove of a July 2023 Department of Education rule modifying Income Driven Repayment (IDR) plans for student-loan borrowers. This rule, unveiled shortly after the U.S. Supreme Court struck down a Biden administration student loan-forgiveness plan in Biden v. Nebraska, would reduce the amount borrowers pay and make it easier to forgive loans held for 20 to 25 years. Speaking on the Senate floor, Senator Bill Cassidy (R-La.) stated the rule “transfers the burden of $559 billion in Federal student loans to the 87 percent of Americans who don’t have student loans, who chose not to go to college, or who already responsibly paid off their debts.”

The Senate rejected S. J. Res. 43 on November 15, 2023 by a vote of 49 to 50 (Roll Call 310). We have assigned pluses to the yeas because the federal government has no authority under the Constitution to subsidize or involve itself in higher education. Furthermore, the Department of Education’s rule merely transfers the cost of these unpaid loans to taxpayers, harming Americans and further eroding our nation’s fiscal situation.

20. Spending Reductions

Date: 11/15/2023
Good Vote: Yes

During consideration of the Further Continuing Appropriations and Other Extensions Act (H.R. 6363), Senator Rand Paul (R-Ky.) offered an amendment to reduce funding in the bill by 15 percent, except for the Department of Defense, military construction, and the Department of Veterans Affairs, and to rescind $30 billion in enforcement funds provided to the Internal Revenue Service.

The Senate rejected Paul’s amendment on November 15, 2023 by a vote of 32 to 65 (Roll Call 311). We have assigned pluses to the yeas because reining in government spending ought to be an urgent priority given that about 80 percent of the current federal bureaucracy is unconstitutional and the national debt recently surpassed $33 trillion. Members of Congress must also be willing to take more drastic and immediate action to eliminate all spending that is not specifically authorized by Article I, Section 8 of the U.S. Constitution. Their ongoing failure to do so is contributing to the erosion and decline of the American Republic.

Legislator Scores

Legend: [ + ] Constitutional Vote[ - ] Unconstitutional Vote[ . ] Did not Vote
Name Party State Score 12345678910
Tammy Baldwin D WI 10% -----+----
John Barrasso R WY 78% ++.+-+-+++
Michael Bennet D CO 10% -----+----
Marsha Blackburn R TN 70% ++-+++--++
Richard Blumenthal D CT 0% ----------
Cory Booker D NJ 0% ----------
John Boozman R AR 50% ++-+-+--+-
Mike Braun R IN 100% ++++++++++
Katie Boyd Britt R AL 60% ++-+-+--++
Sherrod Brown D OH 10% -----+----
Ted Budd R NC 70% ++-+-+-+++
Maria Cantwell D WA 0% ----------
Shelley Capito R WV 50% ++-+-+--+-
Benjamin Cardin D MD 0% ----------
Thomas Carper D DE 0% ----------
Robert Casey D PA 0% ----------
Bill Cassidy R LA 50% ++---+--++
Susan Collins R ME 40% ++---+--+-
Chris Coons D DE 0% -.--------
John Cornyn R TX 56% ++-+-+--+.
Catherine Cortez Masto D NV 0% ----------
Tom Cotton R AR 60% ++-+-+--++
Kevin Cramer R ND 60% ++-+-+--++
Michael Crapo R ID 70% ++-+-+-+++
Ted Cruz R TX 90% ++++++-+++
Steve Daines R MT 70% ++++-+--++
Tammy Duckworth D IL 0% ----------
Richard Durbin D IL 0% ---.------
Joni Ernst R IA 70% ++-+-+-+++
Dianne Feinstein D CA 0% ----......
John Fetterman D PA 0% -----.----
Deb Fischer R NE 60% ++-+-+--++
Kirsten Gillibrand D NY 0% ----------
Lindsey Graham R SC 50% ++-+-+--+-
Charles Grassley R IA 60% ++-+-+--++
Bill Hagerty R TN 80% ++++++--++
Margaret Hassan D NH 0% ----------
Joshua Hawley R MO 80% ++++-+-+++
Martin Heinrich D NM 0% ----------
John W. Hickenlooper D CO 0% ----------
Mazie Hirono D HI 0% ----------
John Hoeven R ND 60% ++-+-+--++
Cindy Hyde-Smith R MS 50% ++-+-+--+-
Ron Johnson R WI 80% ++++-+-+++
Timothy Kaine D VA 20% -----++---
Mark Kelly D AZ 10% -----+----
John Kennedy R LA 80% ++++-++-++
Angus King I ME 0% ------.---
Amy Klobuchar D MN 10% -----+----
James Lankford R OK 70% ++++-+--++
Mike Lee R UT 100% +++++++.++
Ben Lujan D NM 0% ----------
Cynthia Lummis R WY 80% ++++-+-+++
Joe Manchin D WV 30% +----+--+-
Edward Markey D MA 10% ------+---
Roger Marshall R KS 90% +++++++-++
Mitch McConnell R KY 50% ++-+-+--+-
Robert Menendez D NJ 0% ----------
Jeff Merkley D OR 10% ------+---
Jerry Moran R KS 50% ++-+-+--+-
Markwayne Mullin R OK 60% ++-+-+--++
Lisa Murkowski R AK 50% ++-+-+--+-
Christopher Murphy D CT 0% ----------
Patty Murray D WA 0% ----------
Jon Ossoff D GA 0% ----------
Alex Padilla D CA 0% -----..---
Rand Paul R KY 100% ++++++++++
Gary Peters D MI 0% ----------
John Reed D RI 0% ----------
Pete Ricketts R NE 70% ++-+-+-+++
James Risch R ID 67% ++-+-+-++.
Mitt Romney R UT 40% ++---+--+-
Jacky Rosen D NV 10% -----+----
Mike Rounds R SD 50% ++-+-+--+-
Marco Rubio R FL 70% ++++-+--++
Bernard Sanders I VT 10% ------+---
Brian Schatz D HI 0% ----------
Eric Schmitt R MO 90% ++++++-+++
Charles Schumer D NY 0% ----------
Tim Scott R SC 75% ++-+......
Rick Scott R FL 70% ++-+-+-+++
Jeanne Shaheen D NH 10% -----+----
Kyrsten Sinema D AZ 10% -----+----
Tina Smith D MN 0% ----------
Debbie Stabenow D MI 0% ----.-----
Dan Sullivan R AK 60% ++-+-+--++
Jon Tester D MT 10% -----+----
John Thune R SD 60% ++-+-+--++
Thom Tillis R NC 56% ++-+-+-.+-
Tommy Tuberville R AL 80% ++++-+-+++
Chris Van Hollen D MD 0% ----------
J. D. Vance R OH 80% +++++++-+-
Mark Warner D VA 0% ----------
Raphael G. Warnock D GA 0% ----------
Elizabeth Warren D MA 0% ----------
Peter Welch D VT 10% ------+---
Sheldon Whitehouse D RI 0% ----------
Roger Wicker R MS 50% ++-+-+--+-
Ron Wyden D OR 0% ----------
Todd Young R IN 50% ++-+-+--+-

Average Constitutional Score by Party

Party Score
Democrat 3.5%
Republican 66.6%
Independent 5%