Dismantling the Administrative State

Mar 3, 2017

Last month, the Senate voted to use the Congressional Review Act to undo an Obama-era regulation issued by the Interior Department. In response, the director of the Department’s Office of Surface Mining Reclamation and Enforcement told Politico, “I believe there’s a good chance that […] a court will overturn Congress’ actions here as an unconstitutional usurpation of the executive branch’s powers.”

Lee Finalizes Joint Economic Committee Staff

Feb 22, 2017

WASHINGTON – Sen. Mike Lee (R-UT) finalized his new Joint Economic Committee staff Wednesday, hiring Scott Winship as a project director. Winship was most recently a visiting fellow at The Foundation for Research on Equal Opportunity and formerly served as a fellow at the Brookings Institution and the Manhattan Institute, as well as a research manager at Pew Charitable Trusts.

The Military Humanitarian Operations Act

Feb 17, 2017

One of the most important features of the United States Constitution is the sharing of war powers between Congress and the president. The Framers knew the Executive Branch, united under the direction of a single individual, would possess certain characteristics – “Decision, activity, secrecy, and despatch,” as Alexander Hamilton famously wrote – that are necessary for conducting successful wars and responding quickly to national-security emergencies. Likewise, they understood that the Legislative Branch’s unique attributes – its proximity to the people and its consensus-based policymaking process, for instance – are best suited for making decisions that involve long-term commitments and include significant changes to the United States’ relationship with a foreign power.

Conservatism for the Forgotten Man

Feb 17, 2017

Donald Trump’s presidency represents a substantive – and long overdue – indictment of Washington’s political and policymaking consensus. For too long, Democrats and Republicans alike have clung to policy solutions that are no longer relevant to our evolving world and that fail to address the most urgent problems of our generation: economic insecurity, unequal opportunity, political marginalization.

Floor Remarks on EPA Nominee Scott Pruitt

Feb 16, 2017

"I look forward to voting to confirm Mr. Pruitt as EPA Administrator, and I encourage my colleagues to do the same."

Sens. Lee, Paul Introduce Military Humanitarian Operations Act

Feb 16, 2017

WASHINGTON – Sens. Mike Lee (R-UT) and Rand Paul (R-KY) introduced the Military Humanitarian Operations Act today, a bill previously introduced by Sen. Lee and former-Sen. Jim Webb (D-VA) in 2012. The Military Humanitarian Operations Act would require the president to receive congressional authorization before ordering the United States military on a humanitarian mission where hostilities are anticipated.

Lee Statement on Air Force Secretary Nominee Heather Wilson

Feb 15, 2017

I am grateful to Dr. Wilson for her willingness to take on this job and I was pleased with our discussion this morning on matters important to the Air Force. She is highly qualified and her wealth of experience in the Air Force, Congress, and private sector will serve her well at the helm of a large organization.

Conservatism for the Forgotten Man

Feb 15, 2017

"Conservatives may not support everything this coalition does. And when we don’t, we should say so. But we are a part of it now. And within it, I believe conservatives can thrive – if we do what we do best."

Repealing CFPB's Prepaid Card Rule

Feb 10, 2017

Millions of Americans, mostly young, poor, and minority, either do not have a bank account or are “under banked” – meaning they do not have access to a full range of basic financial services. Life without a bank account can be very difficult in America today. You can’t cash checks, order products online, or get credit for emergencies.

Earmarks Would Only Weaken Congress

Feb 10, 2017

In November the American people voted to give Republicans unified control of the federal government because, in large part, we pledged to "drain the swamp" — that corrupt political culture prevailing in our nation's capital that enables elites to manipulate the levers of government to their advantage. Changing business as usual in Washington is a tough fight. But we would be going the wrong way if Republicans were to lift the current ban on earmarks — those infamous provisos attached to spending bills that funnel taxpayer money to pet projects and parochial interests — as some have proposed. The most that can be said of the proposal to revive earmarks — a practice Republicans voted to prohibit in 2010 — is that it begins from a correct observation that political dysfunction is plaguing Washington today. Article I of the Constitution vests "all legislative powers" in Congress. But in recent decades, legislators have been giving away many of their lawmaking powers to the executive branch. So today, just as the vast majority of the federal government's rules are written by unelected bureaucrats in the executive branch, these same bureaucrats often enjoy more discretion than members of Congress in deciding how federal taxpayer money is spent. Republicans are rightfully frustrated by this state of affairs, which has led some of our colleagues in the House to float the idea of bringing back earmarks. As they tell it, reviving earmarks would strengthen Congress by reclaiming the legislature's most potent authority: the power of the purse. Congress needs to assert its power of the purse, but not in this manner. Letting members of Congress take credit for federal money steered to their constituents does not fix the incentive problem at the core of today's congressional dysfunction. In fact, it would only worsen it. As anyone who worked in Washington before 2010 will remember, earmarking was not the innocuous exercise of Congress' constitutional spending power; it was the tool lobbyists and leadership used to compel members to vote for bills that their constituents — and sometimes their conscience — opposed. The good news is that there's a better way to strengthen Congress. Instead of reviving earmarks, which would ultimately only further weaken the legislative branch, there are other ways to reinvigorate Congress' power of the purse without also reinvigorating special interests in Washington. For example, Congress can use the authorization process to reform how federal agencies spend taxpayer dollars to ensure the process for selecting funding priorities and recipients is transparent, merit-based and consistent with congressional intent. We can also rewrite our outdated budget process rules in a way that puts Congress back into the driver's seat instead of the current role of junior partner to the executive branch. As the co-leaders of the Article I Project, a network of House and Senate conservatives committed to putting Congress — and, by extension, the American people — back in control of Washington, our mission is to make Congress once again responsible, both in discharging its constitutional duties and making itself accountable for the consequences. Unfortunately, bringing back earmarks would not do this. It would make our job harder, make Congress weaker and make federal power more centralized, less accountable and more corrupt. That's why we'll be working to keep the ban in place, and we invite conservatives to join us. An unabridged version of this article, co-written by Rep. Jeb Hensarling (R-TX), first appeared in The Washington Examiner.