A Constitutional Report Card on the 1/8/2012 Meet the Press/Facebook GOP Presidential Debate
February 2, 2012
On Monday, January 16, Republican candidates squared off in Myrtle Beach, New South Carolina, for the FOX News/ Wall Street, and South Carolina Republican Party debate, one of a series of primary debates for Republicans seeking their party’s nomination for President of the United States.
Today I am pleased to offer you another in our series of Constitutional Report Cards from these debates, the goal of which is to help you better understand the issues on the table and the positions represented by the respective candidates. In this report card, we have graded each of the candidates based on the fidelity of his or her answers to the United States Constitution.
The Bible reminds us that “my people are destroyed for lack of knowledge” (Hosea 4:6). When it comes to our God-blessed civic duty to cast our votes “in the fear of the Lord,” we must have knowledge. To do so we need to understand the standard. We also need the facts. Please remember to pray for us as we try to be faithful in bringing both to Christian families in our nation.
BACKGROUND: On January 8, 2012, the six leading Republican candidates appeared for the Meet the Press/Facebook New Hampshire Republican candidates’ debate. The purpose of this document is to provide a report card that will help Christian families evaluate the statements made by the candidates during that debate from a constitutional perspective. This report card is limited in its scope in that it only addresses issues specifically on the table during the January 8, 2012 debate. The scores are based on the actual statements made by the candidates during that debate. Candidates’ comments are taken at face value and evaluated without regard to their past statements or policy records, unless the candidates or those posing the questions specifically addressed the past statements and previous policy record of the candidate. Nothing in this report card should be construed as advocacy for a specific presidential candidate.
Meet the Press and Facebook hosted this debate. This report card is intended to score each of the six candidates on the basis of their own answers and on whether their proposals, as stated, are in keeping with their potential duty to uphold and defend the United States Constitution.
* Each candidate is scored on the basis of his or her answers in this debate alone. To score an (A) the candidate only need to provide an answer that will not in some way violate the United States Constitution.
I. Qualifications of the President
The Constitution of the United States only authorizes the president of the United States to carry out a limited number of functions. These important functions include: Serving as Commander in Chief of the Armed Forces, possessing foreign policy and treaty power, along with Congress, upholding and enforcing the Constitution of the United States, and holding the power to veto acts of Congress. However, the president has absolutely no lawmaking authority. If the president exercises a power that is not specifically authorized in the United States Constitution, then that exercise of governmental power is unauthorized and invalid.
Question #1: Why shouldn’t Governor Romney be the nominee for this party? What about his record concerns you most and what makes him disqualified for being the nominee?
Former Speaker of the House Newt Gingrich:
Representative Gingrich said that we should look at who is most likely to survive the billion-dollar campaign that President Obama will run. He said that a bold “Reagan conservative” with a strong economic plan is much more likely to succeed than a relatively timid “Massachusetts moderate.” He also said that even the Wall Street Journal pointed out that Governor Romney’s economics plan is so timid that it resembles President Obama’s plan. He brought out the fact that Massachusetts was fourth from the bottom in job creation under Governor Romney, which Representative Gingrich compared to his own record of 11 million jobs created while he was Speaker of the House. He also worked with President Reagan in the 1980s recovery. He said that Governor Romney would have a very hard time getting elected.
Constitutional Grade: C
Remarks: One of the fundamental problems during any election process is the fact that many people set aside their integrity and become pragmatists. A president should not be selected on the basis of pragmatic arguments of electability. This flawed thinking has resulted in a long line of men who were not qualified to hold the office of president. The primary concern for those under a constitutional form of government should be an individual’s personal qualifications, not on the basis of party affiliation, campaign contributions, or electability.
Former Massachusetts Governor Mitt Romney:
Governor Romney said that he is proud of his record as the governor “next door.” He described himself as a solid conservative that brought important changes to Massachusetts. He made cuts in taxes nineteen times and balanced the budget each year as governor. He pointed out that he put in place a $2 billion rainy day fund and started creating jobs after the job losses prior to his becoming governor. He pointed out that they created more jobs in Massachusetts than Obama created in the entire country.
Governor Romney also brought out that he empowered the state police to enforce immigration laws, and implemented English immersion in the schools. He enumerated conservative governors Nikki Haley of South Carolina, Chris Christie of New Jersey, and Kelly Ayotte of New Hampshire, who back his campaign. He contrasted himself with President Obama as not being a lifetime politician without leadership experience, but a leader with experience, twice in the private sector, in the Olympics and as a governor.
Constitutional Grade: A
Former Senator Rick Santorum:
Senator Santorum wondered why Governor Romney didn’t run for reelection if his record was that great. He explained that he himself ran for reelection multiple times, won in a 71 percent Democratic district, and had a 90 percent conservative voting record. He also brought up that in 1994 he ran at the same time as Governor Romney, but that Governor Romney lost because he “wouldn’t stand for conservative principles.” He pointed out that Governor Romney lost because he didn’t hold to conservative principles on homosexual “rights,” abortion, and other issues, saying at that time that he was going to be to the left of Ted Kennedy on these issues. To the monitor’s remark that Senator Santorum endorsed Governor Romney four years before as standing for conservative principles, he replied that this was in comparison with candidate John McCain.
Constitutional Grade: B
Former Massachusetts Governor Mitt Romney:
Governor Romney said that life-long politicians hold an unusual notion, that once they have been elected to a position they want to be reelected again and again. He said that he ran in Massachusetts to make a difference, not to start a political career. He also said that for him, “politics is not a career.” His career was being in business, and his life’s passions have been his family, his faith, and his country.
He believes that by virtue of his experiences he could make contributions to Washington D.C. Governor Romney said that he doesn’t like politicians that get elected, go to Washington D.C., and stay there for twenty or thirty years. He said that he would like to see strict term limits in Washington D.C., and that he would run for reelection as president.
Constitutional Grade: A
Former Speaker of the House Newt Gingrich:
Representative Gingrich called on Governor Romney to “drop a little bit of the pious baloney.” He pointed out that Governor Romney has been running since the 1990s but had lost in 1994 to Ted Kennedy. He lost again in 2008 to Senator McCain. He also pointed out that he had dropped out of office with bad reelection ratings, and while he was governor he was running for president and spent approximately 200 days out of state.
Constitutional Grade: B
Former Massachusetts Governor Mitt Romney:
Governor Romney said that citizenship has always been on his mind. He said that he took the advice of his father, who ran as governor at age fifty-four to not go into politics if his mortgage depended on winning an election, or if he had small children. He also said that the reason he ran against Ted Kennedy, knowing that he would lose, is because he thought that it was best for the country.
Constitutional Grade: A
Texas Representative Ron Paul:
Representative Paul said that he thought that so far the discussion and question were superficial. Character is important, but he thought we should be talking about issues as well. He said that he doesn’t see how any of the candidates can do well against President Obama if they endorse single payer systems and TARP bailouts and do not challenge the Federal Reserve’s $15 trillion injection, which bailed out their friends. He pointed out that Governor Romney did not challenge the huge empire overseas and the overseas spending. He believes that while character, motivation, and history are important, they are really less important than what we believe in.
Constitutional Grade: A
Texas Governor Rick Perry:
Governor Perry said that the question should be who would be best to beat President Obama and invigorate the Tea Party, and who would take the message of a smaller government? He pointed to everyone, including Senator Santorum, as examples of Republican insiders who spend big money in Washington D.C. He also said that even though President Obama put “gasoline on the fire,” the problem was already there, driven by policies and spending from Wall Street and Washington D.C. insiders.
Constitutional Grade: C
Former Massachusetts Governor Mitt Romney:
Governor Romney said that his record as governor would show that he was a conservative. He pointed out that after his failed attempt at the presidency he wrote a book describing his views for the country. He mentioned that, with time, the principles learned in business and as governor made him more conservative. He thought that America should have a leader who understands how the economy works and will passionately put America back on track.
Constitutional Grade: A
Former Utah Governor John Huntsman:
Governor Huntsman said that Governor Romney had criticized him the previous night for putting his country first and serving his country in China, under a Democrat. He pointed out that his two sons, who serve in the Navy, are also serving under a Democrat. He said that he wants the people of New Hampshire to know that he will always put his country first.
Constitutional Grade: A
Former Massachusetts Governor Mitt Romney:
Governor Romney responded by saying that we serve our country by first standing for people who believe in conservative principles and promote an agenda that does not include President Obama’s agenda. He thinks that someone that made the decision to work for President Obama as ambassador to China, and called the President a remarkable leader, shouldn’t represent the Republican Party.
Constitutional Grade: C
Remarks: Governor Huntsman’s service under a president who belongs to an opposing political party should not disqualify him from the presidency.
Former Utah Governor John Huntsman:
Governor Huntsman said that he believes that the country is divided because of attitudes like that of Governor Romney. He said that the American people are tired of the partisan division and that we have to change our direction and come together to find solutions to our problems.
Constitutional Grade: A
Question #19: The moderator pointed out that Representative Gingrich formerly complained about attack ads made against him, but was now involved in attacks against Governor Romney. Is this consistent?
Former Speaker of the House Newt Gingrich
Representative Gingrich responded that he was consistent because the attacks were fact-based and talked about Governor Romney’s record. When asked if he thought calling Governor Romney a predator took things too far, Representative Gingrich said that he would have to look at the film, claiming that he had not seen it. He mentioned that a New York Times article also accuses Bain Capital as having looted a company and left 1700 people unemployed.
Representative Gingrich then asked Governor Romney to admit that his former staff is running the PAC. He said that his millionaire friends are giving to the PAC and that some of the ads simply aren’t true.
Constitutional Grade: D
Remarks: Representative Gingrich’s statement reflects a terrible compromise. His criticism of Governor Romney’s activities at Bain Capital implies that an investor or business owner should not look merely to the profitability of a company or investment, but has an obligation to provide jobs and benefits to employees without regard to profitability. This idea runs against constitutional principles, capitalism, and a free market system. Representative Gingrich is making the same type of criticisms that Marxists make of free market economics. This indicates what types of fundamental compromises Representative Gingrich is willing to make in order to achieve his personal political aims.
Former Massachusetts Governor Mitt Romney:
Governor Romney said that while it is true that former members of his staff, and people that support him, had made the ads, he had not seen them and was prohibited from interfering. He said that he hoped that anything wrong would be corrected. He also mentioned that the claims in one particular ad which he had seen were true. He said that many of Representative Gingrich’s allegations were “over the top.”
Constitutional Grade: A
Former Speaker of the House Newt Gingrich
When asked if either candidate would be willing to request the super PACs to take their ads down, Representative Gingrich responded that he was glad that Governor Romney finally had said that if they are wrong, they should be taken down. He said that his campaign had sent a letter in South Carolina warning the stations to fact-check any ads before they started running them.
Representative Gingrich said that he hopes that when the twenty-seven-and-a-half-minute movie comes out about Bain Capital, it will be accurate. He said that the movie will be based on established newspapers like the Washington Post, the Wall Street Journal, the New York Times, Barron’s, and Bloomberg News.
Constitutional Grade: D
II. Federal Entitlements
The Constitution of the United States only authorizes the United States government to carry out a limited number of functions. If the federal government exercises a power that is not specifically authorized in the United States Constitution, then that exercise of governmental power is unauthorized and invalid. Many constitutional scholars claim that programs such as Social Security, Medicare, and Medicaid are authorized under Article I Section 8 which provides, “Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the debts and provide for the common defense and general welfare of the United States.” This is known as the taxing and spending clause. However, the taxing and spending clause does not provide Congress with an unlimited power to raise taxes, duties, imposes, and excises for any legislation thought to fall within the general welfare of the United States. The general welfare clause in Article I Section 8 is not a power in and of itself; it must be paired with one of the constitutionally-enumerated governmental powers in order to be valid. Money raised by Congress may only be allocated for a limited number of purposes and may only be used to finance a legitimate constitutional function of federal government. The United States Constitution does not provide the United States Congress with the power to initiate and fund governmental social welfare programs such as Social Security, Medicare, and Medicaid. Each of these programs is an unconstitutional governmental intrusion into the lives of Americans.
Question #2: What specifically would you say to Americans, “These are cuts I’m going to make in federal spending that will cause pain [and] that will require sacrifice?” Name three areas in which Americans will feel real pain in order to balance the budget.
Former Utah Governor John Huntsman:
Governor Huntsman said that he supported the Ryan Plan, which is an aggressive approach to taking $6.2 trillion out of the budget over ten years. If he is president, he said that there won’t be any “sacred cows” like Medicare or the Department of Defense. He would move from 24 percent spending as a percentage of GDP to 19 percent. He said that there would be “means testing” for the upper-income category. He said that Medicare and Social Security are also on the table. He also included the Department of Defense, saying that he would make cuts that would protect the American people.
Constitutional Grade: F
Remarks: The Ryan Plan reflects a neo-conservative commitment to Marxist notions of class warfare and wealth redistribution. The Ryan Plan also aims at preserving unconstitutional entitlement programs such as Social Security, Medicare, and Medicaid.
Former Senator Rick Santorum:
Senator Santorum agreed with Governor Huntsman about means testing. He said that we cannot burden the younger generation with an underfunded Social Security. He supports reducing benefits to successful seniors who have a huge amount of wealth. He said that the tax on payroll makes us uncompetitive. He said that he would block grant food stamps, welfare reform, Medicaid, and housing programs, sending them back to the states. He said that he would require individuals to work and set a time limit for them. He said that these programs need to become transitional programs to help people move out of poverty.
Constitutional Grade: F
Remarks: Senator Santorum’s answer reflects his commitment to Marxist notions of class warfare and wealth redistribution.
Former Speaker of the House Newt Gingrich:
Representative Gingrich remarked that pain is the wrong standard. He said that Washington D.C. is fond of asking who will be in pain if governmental entitlement programs fail. He believes that highly paid “Washington commentators” and analysts love the idea of pain. The duty of the president, though, is to manage the federal government so as to change the bureaucracy. He believes that simply eliminating theft from these entitlements could save $100 million in Medicare and Medicaid in just ten years. Representative Gingrich said that he found the Ryan-Wyden bill to be a great improvement because it allowed for a transition in Medicare that makes sense by allowing people to choose and stay in Medicare with the premium support model or go to new models.
Constitutional Grade: D
Question # 3: “With more Americans on government assistance than ever before, is it un-American for Americans to feel relieved when the government helps them?”
Texas Governor Rick Perry:
Governor Perry answered that he would do away with the bureaucrats at the Departments of Commerce, Energy, and Education. Governor Perry said that he believes that the American people want jobs, and that the idea that there are people that are demanding the government’s assistance is wrongheaded. He said that we should create an environment where entrepreneurs will risk their capital with a chance for returns, so that jobs can be created. He also said that he has done this in Texas for the last eleven years as governor.
Constitutional Grade: A
Question #4: Senator Santorum, Paul Ryan has a plan to move seniors off of Medicare and provide a voucher or premium support, and then they would take care of their health care from there. How do you respond to that?
Former Senator Rick Santorum:
Senator Santorum agreed with Paul Ryan’s plan. He said that the members of Congress and all federal employees have a premium support model, which gives them choices. He said that President Obama believes in making choices for the people.
Constitutional Grade: C
Question #16: Many Americans think that health care is a right. In your opinion, what services are all Americans entitled to expect from government?
Texas Representative Ron Paul:
Representative Paul answered that entitlements are not rights. He said that the rights guaranteed were the rights to life, liberty, and a right to keep the fruits of your labor. He said that he did not believe in placing people into groups with special rights, such as homosexuals, women, minorities, and religious groups. He said that there is only one type of right and that was an individual’s right to liberty. He said that no one has the authority to take property from someone and give it to someone else. He suggested that we should go after the “big guys” in Washington D.C. that run the entitlements system, the military industrial complex, and the banking system.
Constitutional Grade: D
Remarks: Representative Paul is right that the Constitution of the United States does not guarantee special rights to groups of people. However, his answer seems to indicate that homosexuality is included in the right to liberty. It is not.
III. Taxation
The Constitution of the United States grants Congress the “Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts [a compulsory fee] and Excises [a tax on the manufacturing, sale, or consumption of goods within a country] shall be uniform throughout the United States” (article I, Section 8). In Article I, Section 9, the Constitution originally forbid any “capitation, or other direct, Tax [to] be laid, unless in Proportion to the Census or Enumeration.” In other words, taxes were to be collected directly from the states according to the size of their population and not according to the size of their wealth. In this manner, all states were to be taxed equally. The Sixteenth Amendment to the Constitution changed this by providing, “the Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.” The Sixteenth Amendment allowed for the federal government to levy an income tax directly, without regard to the population of the state. Many constitutional scholars still point out that the current graduated tax system is unconstitutional since it apportions an uneven and non-uniform tax burden throughout the United States, contrary to Article I, Section 8.
Question #5: There’s been a debate between Warren Buffet and Grover Norquist. Grover Norquist argues for no tax increases under any circumstances. Warren Buffet argues that the wealthier in this country can and should pay more. Which of these men knows more about the American economy?
Former Massachusetts Governor Mitt Romney:
Governor Romney said that he did not believe that the right choice is to raise taxes on Americans, unlike President Obama, who would like to raise taxes and grow government. He said that he believes in shrinking the size of the government and putting a plan together to reduce governmental spending. He would cut “ObamaCare,” thus saving $95 billion a year. He said that he agrees with Perry in returning several programs like food stamps, housing vouchers, and Medicaid, to the states. He said that he would not change Medicare or Social Security, but that in the future, younger people must know that people with higher incomes will receive less payments of the premium support program.
Constitutional Grade: D
Former Utah Governor John Huntsman:
Governor Huntsman said that he put together a tax reform proposal endorsed by the Wall Street Journal. He said that he believes that loopholes and deductions weigh down our tax code to the tune of $1 trillion, and that they need to be phased out, along with corporate welfare and subsidies. He said that he believes that we need to prepare for competition in the twenty-first century.
Constitutional Grade: C
Remarks: A tax deduction is the ability to declare an item or an event non-taxable. By removing “loopholes” and deductions, Governor Huntsman would make property and events taxable that were formerly not taxable. Therefore, his answer is a pledge to issue a tax increase.
IV. Bipartisanship
The Constitution of the United States only authorizes the president to carry out a limited number of functions. These important functions include: Serving as Commander in Chief of the Armed Forces, possessing foreign policy and treaty power, along with Congress, upholding and enforcing the Constitution of the United States, and holding the power to veto acts of Congress. However, the president has absolutely no lawmaking authority. If the president exercises a power that is not specifically authorized in the United States Constitution, the exercise of governmental power is unauthorized and invalid. However, the president’s ability to build consensus among lawmakers typically makes a huge impact on his ability to carry out the duties of his office.
Question #6: Would you propose to work with someone in Congress who vows to make you a one-term president to achieve results in Washington D.C.?
Former Speaker of the House Newt Gingrich:
Representative Gingrich said that every president that works with the opposition leaders knows that they want to make him a one-term president. He gave the example of when he worked for President Regan, and Thomas O’Neill, Speaker of the House, wanted President Regan to be a one-term president, but they succeeded in getting one-third of the Democratic vote for tax cuts. He also pointed out that as Speaker he worked with the Clinton administration to get many things done, including welfare reform.
He agreed with Governor Huntsman that the country comes first, and that political parties should come together to get things done. He pointed out that with a Democratic president and a Republican Speaker he got welfare reform, the first tax cut in sixteen years, a 4.2 percent unemployment rate, and four balanced budgets.
Constitutional Grade: A
Former Massachusetts Governor Mitt Romney:
Governor Romney said that he believes that Republicans and Democrats can work together because of a common interest. He pointed out that he had done this while he was governor of Massachusetts. He said that he believes that common ground can be found. In his very Democratic state he was able to implement nineteen tax cuts, protect charter schools, and drive the schools to be number one in the nation.
Constitutional Grade: A
Texas Representative Ron Paul:
When the moderator remarked that out of hundreds of pieces of legislation authored by Representative Paul, only one has been passed into law, Representative Paul said that this just proves how “out of touch” the U.S. Congress is with the American people. No matter who is in charge, he complained, Democrats or Republicans keep growing the government.
He said that his record was as good as anyone’s with regard to working with other groups, because the Constitution and freedom brings people together. He said that freedom invites variations in our religious and economic beliefs.
He also pointed out that Republican conservatives are not well-known for protecting privacy and personal liberties. He suggested a coalition for overseas spending. He pointed out that his trillion-dollar proposal to cut spending doesn’t immediately deal with Social Security, but instead cuts the overseas budget. That way, the only ones suffering are the ones who received bailouts and special privileges from the government, but the American people get freedom and no income tax.
Constitutional Grade: C
Remarks: Representative Paul speaks as if eliminating Social Security from the budget will cause people to suffer. In the short term this could be true. Howerver, people suffer from their dependency on government, theft in the form of taxation, and social welfare spending.
Former Senator Rick Santorum:
Senator Santorum criticized Representative Paul for not having any record of accomplishing anything and for not being able to work with anyone. He said that even though people like him for his economic plan, nothing has been accomplished. He also said that another problem with Representative Paul is that he will bring the troops home, thus leaving “huge amounts of vacuums all over the place.”
Constitutional Grade: D
Remarks: Senator Santorum continues to support unconstitutional wars and an interventionist foreign policy.
Texas Representative Ron Paul:
Representative Paul said that it is true that it isn’t easy to undo one-hundred years of sliding away from a republic and still running the foreign policy of Woodrow Wilson. He said that we cannot be involved in “nation-building” in 130 countries or have 900 overseas bases. He also said that America should focus on changing our monetary policy, and he pointed out that 75 percent of the American people believe that we should audit the Federal Reserve.
Constitutional Grade: A
Former Senator Rick Santorum:
Senator Santorum said that in his case, he was able to help change the culture in Washington D.C., specifically through welfare reform. He explained that creating dependency on federal dollars is more harmful than not believing in people and their ability to work. He said that while he compromised, it wasn’t in core principles, which were ending the federal program, requiring work, and putting limits on welfare. And, while they compromised on some issues like transportation and day care funding, the consensus was that poverty is not a disability.
Constitutional Grade: D
Remarks: Senator Santorum speaks of compromises that he says were not fundamental compromises. The question must be asked, by what standard are these not fundamental compromises. In light of the Constitution, these are fundamental compromises because they constitute a repudiation of the limits placed on government by the Constitution.
Former Utah Governor John Huntsman:
Governor Huntsman said that it comes down to trust. He pointed out that if the Simpson-Bowles bipartisan proposal landed right on President Obama’s desk, it would be thrown in the garbage can. He said that the reason he won the governor’s race is that he had the will of the people. He says that he wants to travel as president and to bring excitement back to the American people, as well as to bring term limits to Congress.
Constitutional Grade: A
Question #7: “Governor Perry, I want to continue on the theme of leadership. . . As you well know, New Hampshire is an independent place. And I wonder where, besides criticizing the previous administration for running up the debt, I wonder where you would buck your party. What would you say or do to make Republicans uncomfortable?”
Texas Governor Rick Perry:
Governor Perry said that he wants to make Republicans uncomfortable by talking about the spending back in the 2000s. He disagreed with Representative Paul, saying that today’s biggest problem is not foreign policy, but it is that Congress “is out of control with their spending.” He said that the answer is to vote for an outsider, not for someone like the other candidates present, who voted for raising the debt ceiling. He said that what we need first is a part-time Congress and cuts in congressional pay. He also said that he supports a balanced budget amendment to the Constitution.
Constitutional Grade: A
V. Federal Subsidies
The Constitution of the United States only authorizes the United States government to carry out a limited number of functions. If the federal government exercises a power that is not specifically authorized in the United States Constitution, the exercise of governmental power is unauthorized and invalid. Article I, Section 8, provides that “Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States.” This is known as the taxing and spending clause. Money raised by Congress may only be allocated for a limited number of purposes and may only be used to finance a legitimate constitutional function of federal government. Congress is granted the power to regulate interstate commerce. Under the presidency of Franklin D. Roosevelt, this power was unconstitutionally expanded to include intrastate commerce, along with virtually any commercial or non-commercial activity that could be shown to remotely affect commerce. This unconstitutional expansion of power has been used by Congress to regulate areas previously denied to the federal government. Congress has also been granted the authority to exclusively regulate special areas of law such as maritime law, bankruptcy law, copyright law, and patent law. The Constitution does not provide Congress with the authority to save organizations from bankruptcy by providing funding, nor does it allow it to provide companies with subsidies.
Question #8: President Obama and Congress have cut the program that helps low-income people heat their homes by 25 percent. What should be done about this program?
Former Utah Governor John Huntsman:
Governor Huntsman recognized that there are people in need and that this is a challenge that needs to be addressed, but he said that it won’t be possible until we look at energy diversity and independence. He said that as president he would break down the “one product distribution monopoly” and use a multiplicity of products. He gave the 1970s as an example, when the federal trade commission broke up monopolies to benefit consumers. He believes that from an energy independence standpoint, the “one product monopoly” must be disrupted.
Constitutional Grade: D
Remarks: The federal government does not have the authority to prohibit or break up monopolies. Consumers who do not like high prices in energy can form co-ops, and invite other providers to compete in their areas.
Texas Representative Ron Paul:
Representative Paul said that subsidies per se are bad economic and moral policy, because it essentially takes from one group of people and gives to another. He also said this is bad for the economy. He said that energy should be deregulated. He complained about the lack of conversation about the supply and demand of money. Prices go up in areas where the government gets involved. He said that government compounds a problem when it subsidizes someone and prints more money to do so.
Constitutional Grade: A
Former Massachusetts Governor Mitt Romney:
Governor Romney said that we don’t need to have a government that tries to solve the poverty issue across the country, since problems look different in different states. He said that federal programs should be bundled up and sent to the states to craft them accordingly. Some on the list would be food stamps, housing vouchers, Medicaid, and home heating-oil support. He criticized the fact that very little of the money from these programs, which have massive overhead, ever reach those individuals who actually need it the most. He said that states should care for their citizens the way they think best.
He said that one answer to having lower prices is the natural gas that has been found in several states like Pennsylvania, North Dakota, South Dakota, and Texas, which is at a fraction of the cost for BTU of oil.
Constitutional Grade: D
Remarks: The authority of the states is not absolute. States must defend life, liberty, and property from violence. Social welfare is a redistribution of wealth in which property is confiscated from the most productive and given to the least productive.
Former Speaker of the House Newt Gingrich:
Representative Gingrich answered that he will open up offshore development of oil and gas, open up federal lines to oil and gas, and flood the market. He agreed with Representative Paul that the government should allow supply and demand to work for us, not against us. He criticized President Obama for having the highest gas prices in history as a result of his policies.
Constitutional Grade: A
VI. Homosexuality
The Constitution of the United States provides no fundamental right to privacy. However, to accommodate a public climate of immorality and changing social norms, the Supreme Court invented a “right to privacy” which is not mentioned anywhere in the U.S. Constitution, but was justified by what the Court called the “penumbras, formed by emanations” of the Constitution. Since that time, the Supreme Courts’ ruling has been used to open the door to a plethora of “fundamental rights” intended to protect the practice of lewdness, murder, and sexual immorality. Courts have since invented a fundamental right to practice sodomy, in Lawrence v. Texas, and a mother’s so-called right to murder her child, in Roe v. Wade. The Constitution of the United States grants that Congress may propose amendments to the Constitution whenever two-thirds of both houses shall deem it necessary. An amendment may also be proposed by the legislatures of two-thirds of the states. These state legislatures must “call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress.” However, there is no authority in the Constitution for the federal government to define marriage or intermeddle with the family.
Question #9: “How have you stood up for gay rights, and when have you used your voice to influence Republicans on this issue?”
Former Massachusetts Governor Mitt Romney:
Governor Romney said that he doesn’t discriminate on the basis of sexual orientation and that while governor he appointed a homosexual to his cabinet. While he doesn’t believe that we should discriminate in hiring policies and legal policies for homosexuals, he doesn’t favor same-sex marriage. He also said that people with different sexual orientations should have full rights in this country.
Constitutional Grade: D
Remarks: Once a candidate recognizes homosexuality as a legitimate relationship as opposed to a sexually immoral act, they have lost the moral high ground. Homosexuality is not a relationship or identity, it is an immoral action. The federal government has no authority to reconstitute marriage, nor does it have the authority to define words.
Former Senator Rick Santorum:
Senator Santorum said that every person in America, “gay or straight,” should be treated with respect and dignity and have equality of opportunity. He said that he doesn’t favor changing laws in regard to marriage or adoptions. Disagreeing with someone doesn’t mean that you hate him or her. When asked how he would react if one of his sons told him that he was homosexual Senator Santorum said that he would love him as much as before, and would continue to be a good father to him.
Constitutional Grade: D
VII. Employment
The Constitution of the United States grants a limited number of powers, under Article I, Section 8, to the Congress of the United States, that residually affect industry and the national economy. First, Congress has the power over the federal purse through the taxing and spending clause. Secondly, Congress is granted the power to regulate interstate commerce. During the presidency of Franklin D. Roosevelt, this power was unconstitutionally expanded to include intrastate commerce, along with virtually any commercial or non-commercial activity that could be shown to remotely affect commerce. This unconstitutional expansion of power has been used by Congress to regulate areas previously denied to the federal government. Labor is a major area in which the federal government has used the taxing and spending clause, along with the commerce clause, to regulate activities in the work place. All such unconstitutional interferences create encumbrances on the economy growth, destroy jobs, and create an undue burden on business owners.
Question #10: Do you see right-to-work as a federal issue and one that you would promote as president?
Texas Governor Rick Perry:
Governor Perry said that right-to-work is a federal issue, because a federal law was passed that forces the states to take a decision whether or not there is going to be right to work. He said that he supports Jim DeMint’s legislation “of repealing the legislation than forces states to make that decision.” He said that the entire country should be right-to-work. He says that he is not anti-union, but that he is pro-job. He said that the taxes and regulations that President Obama has passed should be tested to see if they create jobs. If they don’t, they should be put away. He encouraged New Hampshire to pass the right-to-work legislation in order to create jobs.
Constitutional Grade: D
Remarks: Governor Perry is correct in that the federal government cannot compel states to pass legislation affecting its approach to employment laws. He is wrong in saying that such an issue is within the jurisdiction of the federal government. The Constitution of the United States does not give the federal government the authority to intermeddle with employment laws at the state level.
Former Massachusetts Governor Mitt Romney:
When asked what positive things unions bring to the country, Governor Romney answered that unions train their workers to be more effective in their jobs and to compete against non-union workers. He agreed with Governor Perry that right-to-work legislation is a good idea for New Hampshire, as well as for the entire country. He also said that we should pull back the political power of governmental unions and pay government workers according to those same jobs in the private sector.
Constitutional Grade: D
Remarks: Governor Romney only mentioned governmental unions. However, the federal government also protects and favors private unions, which have devastating effects on industry.
Former Senator Rick Santorum:
Senator Santorum said that he signed a pledge that he would support the right to work. The reason why he didn’t vote for it while he was a senator for Pennsylvania was that Pennsylvania wasn’t a right-to-work state and he didn’t want to change the law.
Constitutional Grade: D
Question #11: It was Governor Romney who said that if he were president, a person who got out of college would have a job. If President Obama has a second term, he or she would not have a job. Isn’t that the kind of thing that makes people angry, easy answers like that?
Former Speaker of the House Newt Gingrich:
Representative Gingrich said he did not believe that it was an easy answer, but a matter of fact.
Constitutional Grade: A
Former Massachusetts Governor Mitt Romney:
Governor Romney said that he doesn’t blame President Obama for the recession, but rather for keeping it going for so long. He criticized President Obama for raising taxes on businesses, putting in place “ObamaCare,” and stacking the National Labor Relations Board. He also complained about Dodd-Frank, which makes it harder for community banks to provide loans. Businesses all over the country feel like they are under attack and will not hire as a result. In his opinion, the role of the government isn’t just to catch bad guys, but to encourage the good guys.
Constitutional Grade: A
VIII. The Environment
The Constitution of the United States only authorizes the United States government to carry out a limited number of functions. If the federal government exercises a power that is not specifically authorized in the United States Constitution, the exercise of governmental power is unauthorized and invalid. A limited number of powers are granted under Article I Section 8 to the Congress of the United States that residually affect industry and the national economy. First, as has already been mentioned, Congress has power over the federal purse through the taxing and spending clause. Secondly, Congress is granted the power to regulate interstate commerce. Under the presidency of Franklin D. Roosevelt, this power was unconstitutionally expanded to include intrastate commerce, along with virtually any commercial or non-commercial activity that could be shown to remotely affect commerce. This unconstitutional expansion of power has been used by Congress to regulate areas previously denied to the federal government. There is no authority granted under the Constitution whereby the federal government has the authority to regulate environmental issues unless a federal court is called upon to settle a dispute between states.
Question #12: Is the cross-state air pollution rule a fair regulation, or is this job-killing overregulation?
Former Massachusetts Governor Mitt Romney:
Governor Romney said that he is not familiar with the regulation as it applies to New Hampshire, but he does believe that the government has the responsibility to keep the air clean and to ensure that the pollution of one state doesn’t overwhelm another.
Constitutional Grade: C
Remarks: While it is true that the government has the authority to settle disputes between states, and serve injunctions to state activities that harm neighboring states, the federal government does not have the authority to regulate in the interest of the environment within a state. The protection of air and natural resources is an issue reserved to the states in the Tenth Amendment.
Question #13: What exactly is an Environmental Solutions Agency? Why would you disband the EPA and set up something else that looks like the EPA?
Former Speaker of the House Newt Gingrich:
Representative Gingrich criticized the EPA for being a radical and imperious organization that doesn’t cooperate, collaborate, or take economics into account. He gave examples in different states of how the EPA is out of touch with reality. A new agency would be established that would be practical and use common sense as it relates to economics.
Constitutional Grade: D
Remarks: The protection of the environment would be an issue reserved to the states in the Tenth Amendment.
IX. Socialism
The Constitution of the United States only authorizes the United States government to carry out a limited number of functions. If the federal government exercises a power that is not specifically authorized in the United States Constitution, then that exercise of governmental power is unauthorized and invalid. Many constitutional scholars claim that various governmental interventions are authorized under Article I Section 8, which provides, “Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States.” This is known as the taxing and spending clause. However, the taxing and spending clause does not provide Congress with an unlimited power to raise taxes, duties, imposes, and excises for any legislation thought to fall within the general welfare of the United States. The general welfare clause in Article I Section 8 is not a power in and of itself; it must be paired with one of the constitutionally enumerated powers of government in order to be valid. Money raised by Congress may only be allocated for a limited number of purposes and may only be used to finance a legitimate constitutional function of federal government. The Constitution of the United States is established on the principles of a limited local government. Socialism runs contrary to these constitutional principles.
Question #14: Senator John McCain wrote in the Washington Post that be believed President Obama to be a patriot, sincerely intent on using his time in office to advance our country’s cause. He rejected accusations that President Obama’s policies and beliefs made him unworthy to lead America or that he was opposed to its founding ideals. Do you agree with Senator McCain?
Texas Governor Rick Perry:
Governor Perry said that President Obama is a socialist, and he rejected the idea that he reflects our founding fathers’ ideals. Governor Perry said he was a “Tenth Amendment believing governor” and supported letting the states decide on issues like education, health care, and environmental regulations, instead of the one-size-fits-all model.
Constitutional Grade: B
Remarks: President Obama, along with many individuals in both parties, is a European-style socialist. This philosophy of government is impossible under the United States Constitution.
Question #15: The moderator asked Senator Santorum if, when he voted for a new prescription drug benefit that did not have a funding mechanism, he was advancing socialism.
Former Senator Rick Santorum:
Senator Santorum said that the government should have had a funding mechanism and that it was hard to vote for the bill. He pointed out that the bill included health savings accounts, something he had been fighting to get for fifteen years. He also pointed out that the bill included Medicare Advantage, which transformed the entire Medicare system into a premium support type model. He claimed that having medical health savings accounts was an anti-socialistic idea to try to build a bottom-up, consumer-based economy in health care. He said that there were many good things in the bill. He also said that “there was one really bad thing. We didn’t pay for it. We should have paid for it. And that was a mistake.”
Constitutional Grade: D
Remarks: The very fact that the federal government acts on the behalf of the nation to provide health benefits for the few is an act of socialism. This answer is a reflection that Republicans have lost the moral high ground to call President Obama a socialist, because Senator Santorum and a host of other Republicans are also engaged in advancing socialistic policies.
Question #17: What does our [New Hampshire’s] state motto, “Live Free or Die,” mean to you personally, and how would it guide you in the White House?
Former Utah Governor John Huntsman:
Governor Huntsman answered that “it is the fulfillment of a citizenry being able to live out the meaning of our founding documents: life, liberty, and the pursuit of happiness.”
He said that another important thing people take seriously is the idea of real leadership.
Governor Huntsman said that the American people want a leader who will unify them and project a vision for a better tomorrow. He said that as president, he will attack the trust deficit as much as the economic deficit.
Constitutional Grade: C
Question #20: As president, how would you use the bully pulpit to try to shape American culture and values?
Former Senator Rick Santorum:
Senator Santorum pointed out that he had written a book in response to Hillary Clinton’s book It Takes a Village. He said that he believed that it takes a family and that the one thing that is undermining this country is the breaking down of the American family.
He pointed to a study conducted by The Brookings Institution that found that a graduate from high school who enters the work force and marries before having children has a 2 percent chance of being in poverty in America. He asked why the president of the United States and other leaders were not talking about this and trying to formulate policy on the local and state levels to help people to do those things, things which we know work and are good for society. He criticized President Obama for directing programs to not talk about marriage or abstinence as a condition for receiving federal funds.
Constitutional Grade: A
Texas Representative Ron Paul:
Representative Paul said that he would continue “preaching the gospel of liberty.” He said that the most important ingredient that made America great was our founders’ view of liberty. He said that America had deserted that ideal. He said that this view of liberty included our right to life and our right to liberty. “We ought to be able to keep the fruits of our labor,” he said. “We ought to understand property rights. We ought to understand contract rights. We ought to understand what sound money is all about, and we ought to understand what national defense means. That means defending this country. That is the bully pulpit we need. We need to defend liberty.”
Constitutional Grade: A
X. Foreign Policy
The Constitution of the United States grants both the president and Congress the power to engage in foreign policy. The power to declare war is reserved solely to Congress. Although the president is Commander in Chief of the Armed Forces, he does not have the authority to declare war or to engage in international conflicts without a declaration of war issued by Congress. Congress may raise and support armies, but no appropriation for that purpose shall be for a term longer than two years. According to Article I, Section 8, Congress also has the sole power “to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions,” and “to provide for organizing, arming, and disciplining the Militia.” A war or conflict occurring without an act from Congress is unconstitutional. The Constitution establishes no authority to provide social welfare to foreign nations. The principles outlined in the Constitution favor a non-interventionist approach to foreign affairs.
Question #18: If America has lived with a nuclear Soviet Union, and has come to live with a nuclear North Korea, why is it that we cannot live with a nuclear Iran? And if we can’t, are you prepared to take the country to war to disarm that country?
Former Senator Rick Santorum:
Senator Santorum answered that Iran is a theocracy with deeply embedded beliefs, like the afterlife being better than this one. He said that even the Iranian president, Ahmadinejad, affirmed that the principle virtue of the Islamic Republic of Iran is martyrdom. For this reason, Senator Santorum said that there is a difference between China, the Soviet Union, other nations, and Iran.
When the moderator asked if he would be prepared to threaten Pakistan, an indifferent ally with nuclear power, if they don’t disarm, Senator Santorum answered that Pakistan is not a theocracy. He said that he hoped that it would become a more secular state than it is at present. Nevertheless, he said that he considers Pakistan to be a threat, and he criticized the current administration. He said that there were serious problems with the Pakistan military concerning Osama bin Laden and North Waziristan.
Constitutional Grade: D
Remarks: Senator Santorum, who often refers to himself as a man of faith and family values, reveals his faith commitment in this answer. He states that Pakistan’s great hope is to become more secular and non-religious. Not only was this not the view of the founders who framed the United States Constitution, but secularism has done nothing more than advance the cause of tyranny and erode our constitutional protections. While Islam is a false and dangerous religion, during the course of the past century secularism has proved equally false and dangerous. It should also be pointed out that Christianity also teaches that the afterlife is better than this life.