State Legislative Scorecards: Think Constitutionally, Act Locally!

State legislation is as important as federal legislation, if not more so. Use our Scorecards to hold your state lawmakers accountable. ...
Kyle Flemming
Article audio sponsored by The John Birch Society

Do you know who your state legislators are? Do they know the purpose of government? How faithful are they to the U.S. Constitution? And what can we do if they violate our God-given rights?

The John Birch Society’s state Legislative Scorecards, published by The New American and available for free at TheFreedomIndex.org, were created to help you answer these important questions and provide a practical solution. They’re a powerful and effective tool in the hands of “We the People,” giving you, the individual citizen, the ability to keep an eye on your state legislators, track their voting records, and hold them accountable.

Making informed decisions about your state’s lawmakers is more crucial today than ever before. Not only is 2024 a presidential election year in the United States, but Covid-19, the 2020 election, and the overturning of Roe v. Wade have increasingly brought to our attention the reality that the fate and freedom of millions of Americans — especially the preborn — remains in the balance of the legislatures of the several states. Did your state legislators push back against the draconian “lockdown” policies? Where do they stand when it comes to abortion, gun control, illegal migration, or election integrity? Are they pro-life, pro-liberty, and pro-property?

Based on the U.S. Constitution

The Legislative Scorecards allow you to see how your state legislators voted on key issues. Notably, they evaluate state lawmakers based on their fidelity to the U.S. Constitution and America’s founding principles. Ensuring that state legislators adhere to the principles of the U.S. Constitution is essential. This is because the Constitution was established to “secure the Blessings of Liberty to ourselves and our Posterity.” As the greatest and longest-lasting constitution ever written, the U.S. Constitution formed a federal republic that protects individual rights and guarantees state sovereignty. Moreover, Article VI, Clause 3 of the Constitution requires that all state legislators (not just their federal counterparts) “shall be bound by Oath or Affirmation, to support this Constitution.” Our state legislators have a lawful duty to uphold the Constitution, and it is vital that we know whether they know and appreciate what that document expects of them.

Your state legislators’ performance, as determined by their willingness to follow the U.S. Constitution, is as significant as that of your U.S. representative and senators, if not more so. Although the Declaration of Independence asserts that the proper role of any government is to safeguard the “unalienable Rights” of the people, we must remember that both the U.S. Constitution and the Declaration of Independence are creations of the states. Indeed, it’s the several states, acting as sovereign entities that derive their power from the citizens, that make the United States a single nation and provide for our federal system of government. Federalism is the U.S. Constitution’s framework that permits a limited national government with few and defined powers while maintaining state sovereignty. Its divisions of power and checks and balances between the national government and the states are indispensable to preventing tyranny. Article I, Section 8 of the Constitution enumerates the powers of Congress. Powers not delegated to the national government, which are numerous and indefinite, are reserved to the states or to the people. Would you describe your state legislators as constitutionalists who serve as primary guardians of the people’s liberty?

It’s true that Congress routinely usurps powers not granted to it by the Constitution, but we should keep in mind that nearly half of Congress is comprised of former state legislators. More pertinent, however, is what James Madison, the Father of the Constitution, warned about in his 1789 speech proposing the Bill of Rights. He recognized that in certain situations there would be more “danger” of “powers being abused by the state governments than by the government of the United States.” He noted that “some states have no bills of rights, there are others provided with very defective ones, and there are others whose bills of rights are not only defective, but absolutely improper.” Presently, much the same could be said about the 50 state constitutions, many of which still do not provide adequate protections for our rights and freedoms.

Thankfully, the Bill of Rights, consisting of “further declaratory and restrictive clauses,” was added to the U.S. Constitution to “prevent misconstruction or abuse of its powers” by either the national government or the states. For example, the First Amendment to the U.S. Constitution has a “restrictive” emphasis that is addressed exclusively to “Congress,” prohibiting the national government from intruding on areas of state sovereignty, whereas the Second Amendment begins with a “declaratory” phrase proclaiming a citizen-led “Militia” as being necessary for the security of a “free State,” thereby enshrining an individual right. Similarly, the Ninth and 10th Amendments make a critical distinction between the “rights” of the people versus the “powers” of government, as is the case elsewhere throughout the Constitution. Nevertheless, the federal courts have unconstitutionally incorporated almost every provision of the Bill of Rights directly into the states via the 14th Amendment. This has effectively nationalized the Bill of Rights, weakening federalism. Have your state legislators voted to pass bills that infringe upon your rights protected by the Second, Fourth, or Fifth Amendments? Does your state legislature use its powers under Article VI and the 10th Amendment to nullify unconstitutional federal edicts?

Preserving Freedom Through Education

The Legislative Scorecards can be viewed, downloaded, and printed for all 50 states at TheFreedomIndex.org. Organized by session year, they rate every member of every state legislature. Each Scorecard features a single legislator, showing how he or she voted on six key issues. Votes are selected in terms of their constitutional implications and costs to the taxpayers. Both lifetime scores and session-year scores are calculated. The Scorecards help you to discern between the rhetoric of your state legislators and their actual voting records.

We encourage you to read the vote descriptions in the Legislative Scorecards. They summarize the votes and explain why they are constitutional or not. You can think of them as mini-lessons on the U.S. Constitution! They serve as an excellent resource for promoting discussion of the Constitution, and their constitutional focus is what distinguishes the Scorecards of The New American and The John Birch Society from those of other so-called conservative groups. President George Washington informed his fellow citizens that “the Constitution is the guide which I never can abandon.” He viewed the Constitution, undergirded by religion and morality, as the solution to preserving America’s independence and prosperity. Likewise, the Legislative Scorecards are intended to educate the American people, candidates, and state legislators on the principles of the U.S. Constitution.

Another merit of the Scorecards is that they reveal the voting records of state legislators without endorsing or opposing candidates. They are nonpartisan, and are not meant to advance any candidate or political party. They’re designed so that citizens can exhort or admonish Republicans, Democrats, or Independents when it comes to enforcing the U.S. Constitution. In fact, the Scorecards prove that the battle to save this country won’t be won by simply voting for a specific political party.

According to data from the Scorecards in 2023, out of the more than 7,380 state lawmakers in the United States, fewer than 200 received perfect, 100-percent scores by voting constitutionally on each selected vote. By this measure, just three percent of state legislators, irrespective of party affiliation, are consistently abiding by the U.S. Constitution. The average constitutional score by major party nationwide was a disappointing 62 percent among Republicans and a dismal 14 percent among Democrats. Some “red state” legislatures, such as South Carolina (50 percent), Nebraska (47 percent), Georgia (47 percent), and Indiana (42 percent), had an average constitutional score by Republicans that was less than their party’s national average, and did not have a single constitutionalist who received a 100-percent score without missing any votes. At the same time, Democrats in Oklahoma (44 percent) and Alabama (43 percent) on average outperformed Republicans in Indiana. Despite Republicans in Florida (80 percent), Ohio (76 percent), and Kentucky (72 percent) receiving score averages that exceeded their party’s national average, they also did not have a constitutionalist with a perfect, 100-percent score. States with the highest overall legislator averages and multiple perfect-score constitutionalists were Alabama and Arkansas (56 percent) and Louisiana (55 percent). States with the lowest overall averages and no perfect-score constitutionalists were the “blue states” of Delaware (18 percent) and Massachusetts (24 percent).


You can make a difference: Use the Legislative Scorecards to help inform your family, friends, and neighbors about the rights and freedoms protected by the U.S. Constitution. View, download, and share the Scorecards by visiting TheFreedomIndex.org.

The Legislative Scorecards cover a variety of topics related to legislative activity occurring in the several states. For instance, state lawmakers across the country, predominantly “conservative” Republicans, are being misled into introducing and passing resolutions that would apply to Congress for a “convention of states” under Article V of the U.S. Constitution. These efforts to hold another constitutional convention (Con-Con) ought to be resisted. Instead of failing to uphold their oath of office and attempting to rewrite the U.S. Constitution, state legislators should act to immediately nullify all unconstitutional federal laws. Whenever the federal government assumes undelegated powers, in clear violation of the 10th Amendment, nullification of such acts is the proper remedy. Article V was designed to correct potential errors or defects in the Constitution, not to address those who “misconstrue or abuse its powers.” The states must use Article VI to enforce the Constitution, not use Article V to change it.

Freedom-loving Americans have plenty to be concerned about, considering that the vast majority of legislators are voting in blatant disregard of the U.S. Constitution. As Ronald Reagan said, “Freedom is never more than one generation away from extinction.” We cannot depend on politicians to be the sole advocates of constitutionalism. The American Founders viewed the Constitution’s federal system as a means of self-government whereby sovereignty, rights, and power reside in the individual and then extend outward in society to include institutions of civil government. In other words, self-government, under God, begins with the individual. It involves concentric circles of responsibility and citizenship. A free and well-governed society is an inward-outward and bottom-up process, not a top-down imposition. Our Republic will not be restored overnight, but our commitment to ensuring that the Constitution is read, respected, and reinforced is imperative. Yet, for us to act well, we need knowledge, which comes from learning. Each generation of Americans must be taught Americanism, and educating others demands that we first educate ourselves.

Familiarize yourself with the Legislative Scorecards, but do not stop there. Learn your state legislators’ names, backgrounds, values, and career history. Learn about your state government. The more information you have, the more effectively you can hold your state’s lawmakers accountable. Then use the Scorecards to inform your fellow citizens about how their legislators are voting with regard to constitutional principles.

Let us remain vigilant and never take our rights or freedoms for granted. In America, we get the government we deserve. There are those who actively seek to destroy our Constitution. If we don’t rein in their plans at the state level, it isn’t likely we’ll do it at the national level. It’s time to take a stand for Americanism. We must work hard and make choices for liberty — it will not happen otherwise!

Steps You Can Take Now

The 2025 legislative sessions in state capitols are fast approaching, and this year’s campaign season brings plenty of opportunities to think constitutionally and act locally. Regardless of the state you live in, you can make a difference. Your efforts today will help preserve our freedoms tomorrow. You can take the following steps right now:

• Share the latest Legislative Scorecards with your friends, family, and colleagues, as well as with those who have influence in our communities and are members of our churches, schools, local businesses, and civic groups. Use social media to spread the message.

• Organize literature drops to distribute the Scorecards in your local district to inform people about your legislators’ voting records. Select households where you can have the most impact (e.g., “conservatives” or registered voters).

• Bring the Scorecards to town hall meetings, gun shows, fairs, etc. Be sure to ask permission from the event organizers. If you can, arrange an interview with local media.

• Contact and meet with your state legislators, candidates, and their staff members. Mention the Legislative Scorecards and highlight your legislators’ performance. Listen, and then explain why their votes were or were not constitutional.

• Write “thank you” letters to legislators who scored 83 percent or higher on the Scorecards. Your appreciation will encourage them to continue to vote in alignment with constitutional principles.

Scorecard User Guide

The following list contains instructions for navigating and using the state Legislative Scorecards:

• Getting started: Visit the TheFreedomIndex.org or TheNewAmerican.com/Freedom-Index. Scroll down to the map of the United States under “State Legislator Voting Records.”

• Mobile shortcut: You can also add TheFreedomIndex.org shortcut to your mobile device for quick access. For iOS users, go to the home page, swipe down, and tap the share icon at the bottom of your screen. Swipe up until you see “Add to Home Screen.” Tap it and then tap “Done.” For Android users, go to the home page. Hit the three vertical dots at the top. Above “Desktop site” you will see the “Add to Home screen” option. Click on it. In the popup, edit the name of the shortcut if you want to, and then tap “Add.”

• Finding the Scorecards: Click a state on the map. You can search for members of the state legislature by name, session, party, or chamber. Click a member to view his or her voting history and scores. Here you can “Print Latest Scorecard” or customize your Scorecard. You can also view vote reports and search for specific legislation.

• Saving and sharing the Scorecards: You can copy the links of Scorecard pages by clicking “Copy shortcut to Clipboard” near the bottom. Then simply copy and paste the URLs of the PDFs for sharing.

• Distributing the Scorecards: The “Scorecard Power Pyramid” (link: https://gojt.us/spp9) is an excellent guide for distributing the Scorecards.