Frank Guinta on Government Reform Republican Representative (NH-1)

Identify constitutionality in every new congressional bill.

The Contract from America, clause 1. Protect the Constitution:

Require each bill to identify the specific provision of the Constitution that gives Congress the power to do what the bill does.

Audit federal agencies, to reform or eliminate them.

The Contract from America, clause 5. Restore Fiscal Responsibility & Constitutionally Limited Government in Washington:

Create a Blue Ribbon taskforce that engages in a complete audit of federal agencies and programs, assessing their Constitutionality,

Moratorium on all earmarks until budget is balanced.

The Contract from America, clause 9. Stop the Pork:

Place a moratorium on all earmarks until the budget is balanced, and then require a 2/3 majority to pass any earmark.

Member of House Committee on Oversight & Government Reform.

The House Committee on Oversight and Government Reform's government-wide oversight jurisdiction and expanded legislative authority make it one of the most influential and powerful committees in the House. The Committee serves as Congress' chief investigative and oversight committee. The chairman of the committee is the only committee chairman in the House with the authority to issue subpoenas without a committee vote.

Paperback: Rick Santorum
vs. Newt Gingrich
On The Issues

Ban stock trading based on Congressional insider knowledge.

Congressional Summary:Stop Trading on Congressional Knowledge Act (STOCK Act): Amends the Securities Exchange Act and the Commodity Exchange Act to prohibit purchase or sale of either securities or commodities by a person in possession of material nonpublic information regarding pending or prospective legislative action.

• Amends the Ethics in Government Act to require formal disclosure of certain securities and commodities futures transactions.
• Amends the Lobbying Disclosure Act to subject to its registration, reporting, and disclosure requirements all political intelligence activities, contacts, firms, and consultants.

Bill explanation (ProCon.org, "Insider Trading by Congress", Feb. 3, 2012):

• On Mar. 17, 2011, Tim Walz (D-MN) introduced the STOCK Act where it gained nine co-sponsors by Nov. 4, 2011.
• On Nov. 13, 2011, the TV show "60 Minutes" reported that several members of Congress allegedly used insider information for personal gain. The STOCK Act received 84 additional House co-sponsors in the five days following the report, and Scott Brown (R-MA) filed the STOCK Act in the Senate on Nov. 15, 2011. Kirsten Gillibrand (D-NY) also filed a variation of the STOCK Act in the Senate on Nov. 17, 2011.
• On Jan. 24, 2012, in his State of the Union Address, President Obama said "Send me a bill that bans insider trading by members of Congress, and I will sign it tomorrow."
• Immediately after the speech, Senate Majority Leader Harry Reid (D-NV) told reporters, "I think people should have enough sense not to do it [insider trading] without legislation, but I will support legislation."
• On Feb. 2, 2012, a revised version of the STOCK Act passed in the Senate by a vote of 96-3 with Senators Richard Burr (R-NC), Tom Coburn (R-OK), and Jeff Bingaman (D-NM) dissenting.

No recess appointments without Congressional approval.

Congressional Summary: Resolution Disapproving of the President's appointment of four officers during a period when no recess of the Congress for a period of more than three days and expressing that those appointments were made in violation of the Constitution.

Text of Resolution:

• Whereas the Constitution states, 'Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days';
• Whereas, on January 4, 2012, President Barack Obama appointed Richard Cordray to be the Director of the Bureau of Consumer Financial Protection and appointed Sharon Block, Terence Flynn, and Richard Griffin to the National Labor Relations Board; and
• Whereas these appointments broke the long-established precedent of Congress being in recess for more than three days before the President can make a recess appointment:
• Now, therefore, be it Resolved, That the House of Representatives disapproves of the President's appointment of four officers when no recess of the Congress for a period of more than three days was authorized.

OnTheIssues Notes:Pres. Obama attempted to appoint Elizabeth Warren to the Consumer Financial Protection Bureau in May 2011; House Republicans disapproved of Ms. Warren. House Speaker John Boehner disallowed the Senate's adjournment resolution, which meant the Senate was legally not adjourned and Pres. Obama could not make a "recess appointment" which would otherwise be allowed. This Resolution brings the issue to the fore again, for another set of Obama appointments for which House Republicans disapprove.

Elected to House with pledge of 6-year term limit.

Organizational Self-Description: U.S. Term Limits, the nation's oldest and largest term limits advocacy group, announced that 14 new signers of its congressional term limits amendment pledge have been elected to the 114th Congress. The group includes five new senators, eight new House members and one House incumbent who signed the pledge for the first time this cycle. The pledge calls for members to co-sponsor and vote for a constitutional amendment limiting House members to three terms (six years) and Senators to two terms (12 years). The USTL President said, "The American people are fed up with career politicians in Washington and strongly embracing term limits as a remedy. Gallup polling shows that 75% of Americans support term limits."

Opposing legal argument: [ACLU, Nov. 7, 2014]: In U.S. Term Limits v. Thornton (May 22, 1995), the Court ended the movement to enact term limits for Congress on a state-by-state basis. The Court held that the qualifications for Congress established in the Constitution itself could not be amended by the states without a constitutional amendment, and that the notion of congressional term limits violates the "fundamental principle of our representative democracy 'that the people should chose whom they please to govern them.'"

Opposing political argument: [Cato Institute Briefing Paper No. 14, Feb. 18, 1992]: Several considerations may explain political scientists' open hostility to term limitation:

• Political scientists were instrumental in promoting the professionalization of legislators.
• They are cynical about the attentiveness, general knowledge, and judgmental capacity of the average voter.
• They are committed to the conservation of leadership.
• They perceive attacks on professional politicians as a threat to their own self-proclaimed professionalism.
• And political partisanship may encourage them to oppose term limits.