Freedom Index

A Congressional Scorecard Based on the U.S. Constitution

 
John Hoeven

John Hoeven

Senator

North Dakota

Republican

Contact:

Phone: (202) 224-2551
Office: 338 Russell Senate Office Building Washington DC 20510

Constitutional Votes

Score Congress
52% Lifetime
57% 118th (2023-2024) 118th (2023-2024)
78% 117th (2021-2022) 117th (2021-2022)
17% 116th (2019-2020) 116th (2019-2020)
43% 115th (2017-2018) 115th (2017-2018)
53% 114th (2015-2016) 114th (2015-2016)
55% 113th (2013-2014) 113th (2013-2014)
58% 112th (2011-2012) 112th (2011-2012)
John Hoeven

John Hoeven

Senator

North Dakota

Republican

Status: Active Legislator

Contact:

Phone: (202) 224-2551
Office:
338 Russell Senate Office Building Washington DC 20510
Home Town: Bismarck

Committees

Committee on Indian Affairs
Committee on Energy and Natural Resources
Committee on Agriculture, Nutrition, and Forestry
Committee on Appropriations

 

Constitutional Votes

Score Congress
52% Lifetime
57% 118th (2023-2024) 118th (2023-2024)
78% 117th (2021-2022) 117th (2021-2022)
17% 116th (2019-2020) 116th (2019-2020)
43% 115th (2017-2018) 115th (2017-2018)
53% 114th (2015-2016) 114th (2015-2016)
55% 113th (2013-2014) 113th (2013-2014)
58% 112th (2011-2012) 112th (2011-2012)

Voting History

Congressional Scorecard Based on the U.S. Constitution

The Congressional Scorecard is a nationwide educational program of The John Birch Society. Its purpose is to create an informed electorate on how members of Congress are voting. The Scorecard is nonpartisan; it does not promote any candidate or political party. Bills are selected for their constitutional implications and cost to the taxpayers.

Please share this Scorecard in your district to inform people about the constitutionality of their congressman's votes.
U.S. Constitution, Amendment I --- 11 C.F.R. §114(4)(c)(4) --- 616 F.2d 45 (2d Cir. 1980)

Congressional Scorecard

Based on the U.S. Constitution

Scorecard 116-1

The Congressional Scorecard is a nationwide educational program of The John Birch Society. Its purpose is to create an informed electorate on how members of Congress are voting. The Scorecard is nonpartisan; it does not promote any candidate or political party. Bills are selected for their constitutional implications and cost to the taxpayers.

Please share this Scorecard in your district to inform people about the constitutionality of their congressman's votes.
U.S. Constitution, Amendment I --- 11 C.F.R. §114(4)(c)(4) --- 616 F.2d 45 (2d Cir. 1980)

In this Scorecard, we chose the most crucial votes of the 116th Congress (January 3, 2019 – January 3, 2021). This includes legislation that violates the Constitution and infringes on individual rights, bills that expand the size and scope of government, and measures that surrender U.S. sovereignty and self-government.

In this Scorecard, we chose the most crucial votes of the 116th Congress (January 3, 2019 – January 3, 2021). This includes legislation that violates the Constitution and infringes on individual rights, bills that expand the size and scope of government, and measures that surrender U.S. sovereignty and self-government.

Constitutional Vote Constitutional vote
Unconstitutional Vote Unconstitutional vote
Did not vote Did not Vote
This legislator voted constitutionally on 17% of the votes shown below.
Yes
Unconstitutional Vote

HR 133 Appropriations/Coronavirus (Passed 92 to 6 on 12/21/2020). Spends $1.4 trillion in discretionary appropriations and another $900 billion in Covid aid. See U.S. Const., Art. I, Sec. 8.

Estimated Cost Per Household: $10,899

H.R. 133, the 2021 Consolidated Appropriations Act, includes about $1.4 trillion in discretionary appropriations and another $900 billion in Covid aid. Among other discretionary provisions, it includes $77 billion for overseas military operations and $590 million in foreign aid. The Covid aid provisions include federal unemployment benefits, $600 checks per adult or dependent child, and $81.9 billion in Education Department grants.

Overspending yielded an annual federal deficit of $3.1 trillion in fiscal 2020. Congress is minimizing its accountability to voters by combining all discretionary federal spending and coronavirus aid into one gigantic “take it or leave it” bill. Also, most of the coronavirus aid provisions, including direct checks, federal unemployment benefits, and subsidization of the economy, exceed the federal government’s authority. These and other matters are reserved for the states and the people under the 10th Amendment.

Appropriations/Coronavirus

H.R. 133, the 2021 Consolidated Appropriations Act, includes about $1.4 trillion in discretionary appropriations and another $900 billion in coronavirus aid. Among other discretionary provisions, it includes $696 billion for the Department of Defense, including $77 billion for overseas military operations. It also includes $590 million in aid to developing countries. The coronavirus aid provisions include $600 checks per adult or dependent child, $300 per week in federal unemployment benefits through March 14, 2021, $325 billion in loans and grants to small businesses, $81.9 billion in Education Department grants, $25 billion in rental assistance, and $13 billion in agricultural assistance.

The Senate passed H.R. 133 on December 21, 2020 by a vote of 92 to 6 (Roll Call 289). We have assigned pluses to the nays because spending, which yielded an annual federal deficit of $3.1 trillion in fiscal 2020, is courting fiscal disaster. Additionally, Congress is minimizing its accountability to voters by combining all discretionary federal spending and coronavirus aid into one gigantic “take it or leave it” bill. Furthermore, most of the coronavirus aid provisions, including direct checks, federal unemployment benefits, and subsidization of the economy, exceed the federal government’s authority. These and other matters are reserved for the states and the people under the 10th Amendment.

View vote details at congress.gov/bill/116th-congress/house-bill/133
No
Unconstitutional Vote

Senator Rand Paul's (R-Ky.) amendment to HR 6172 Surveilling Americans (Rejected 11 to 85 on 5/14/2020). Prohibits surveillance of American citizens under FISA authorities. See U.S. Const., amend. 4.

During consideration of the Foreign Intelligence Surveillance Act (FISA, H.R. 6172), Senator Rand Paul (R-Ky.) introduced an amendment to prohibit the use of certain methods to collect information concerning a U.S. person under FISA authorities. Specifically, it would prohibit the collection of electronic surveillance, physical search of premises or property, use of pen register and “trap and trace” phone number identification devices, production of tangible things, and targeting for acquisition of information of a U.S. person. It would require a warrant issued by a non-FISA federal court for the use of such methods.

This amendment seeks specifically to limit FISA authorities and place specific surveillance powers in the hands of non-FISA courts.

Surveilling Americans

During consideration of the Foreign Intelligence Surveillance Act (FISA, H.R. 6172), Senator Rand Paul (R-Ky.) introduced an amendment to prohibit the use of certain methods to collect information concerning a U.S. person under FISA authorities. Specifically, it would prohibit the collection of electronic surveillance, physical search of premises or property, use of pen register and “trap and trace” phone number identification devices, production of tangible things, and targeting for acquisition of information of a U.S. person. It would require a warrant issued by a non-FISA federal court for the use of such methods.

The Senate rejected Paul’s amendment on May 14, 2020 by a vote of 11 to 85 (Roll Call 91). We have assigned pluses to the yeas because this amendment seeks specifically to limit FISA authorities and place specific surveillance powers in the hands of non-FISA courts.

View vote details at congress.gov/bill/116th-congress/house-bill/6172
No
Unconstitutional Vote

Senator Rand Paul's (R-Ky.) amendment to HR 4378 Spending Cut (Rejected 24 to 73 on 9/26/2019). Cuts the appropriation bill’s funding for federal operations and services by 2 percent.

Estimated Cost Per Household: $+214

During consideration of the short-term appropriations bill (H.R. 4378), Senator Rand Paul (R-Ky.) introduced an amendment to cut the bill’s funding for federal operations and services by two percent.

Most of the spending falls outside the scope of constitutionally authorized federal powers. The federal government needs to start reining in federal spending and debt in order to avert future fiscal disaster. Although two percent may not seem like much, modest cuts are still better than none at all.

Spending Cut

During consideration of the short-term appropriations bill (H.R. 4378), Senator Rand Paul (R-Ky.) introduced an amendment to cut the bill’s funding for federal operations and services by two percent. On the Senate floor, Paul pleaded, “The debt is growing at 8 percent a year. Spending is growing only at 4.5 percent, 5 percent a year. The debt is growing more rapidly because we have accumulated so much. We have over a $22 trillion debt. The interest this year is over $300 billion. As it grows faster and faster, the interest will exceed what we are spending on the military within about five years…. What I have put forward today … is an opportunity for the Senators who truly believe the debt is a problem to try to restrain spending with a 2-percent cut across the board.”

The Senate rejected Paul’s amendment on September 26, 2019 by a vote of 24 to 73 (Roll Call 310). We have assigned pluses to the yeas not only because most of the spending falls outside the scope of constitutionally authorized federal powers, but also because the federal government needs to start reining in ballooning federal spending and debt in order to avert future fiscal disaster. Although two percent may not seem like much, modest cuts are still better than none at all.

View vote details at senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=116&session=1&vote=00310
Yes
Unconstitutional Vote

HR 1957 Public Lands (Passed 73 to 25 on 6/17/2020). Permanently funds the Land and Water Conservation Fund (LWCF) at $900 million annually. Creates the National Parks and Public Land Legacy Restoration Fund (NPPLLRF), funded at $1.9 billion annually for five years. See U.S. Const., Art. I, Sec. 8.

Estimated Cost Per Household: $22

H.R. 1957, the Great American Outdoors Act, permanently funds the Land and Water Conservation Fund (LWCF) at $900 million annually. The bill also creates the National Parks and Public Land Legacy Restoration Fund (NPPLLRF), which is funded at $1.9 billion annually for five years. This funding comes from oil, gas, and other energy royalties on federal property, and the NPPLLRF allocates this funding to maintenance in national parks and other federal lands.

This bill irresponsibly increases the federal deficit and diverts energy royalties from being spent for needed constitutional purposes. Also, the Constitution does not authorize Congress to purchase private property except “for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.” Moreover, the federal government already owns a huge percentage of land directly — about 28 percent of the nation — and is a demonstrably poor steward of public lands.

Public Lands

H.R. 1957, the Great American Outdoors Act, permanently funds the Land and Water Conservation Fund (LWCF) at $900 million annually. The LWCF was created in 1964 to purchase and develop land for “recreational” uses. The bill also creates the National Parks and Public Land Legacy Restoration Fund (NPPLLRF), which is funded at $1.9 billion annually for five years. This funding comes from oil, gas, and other energy royalties on federal property, and the NPPLLRF allocates this funding to maintenance in national parks and other federal lands.

The Senate passed H.R. 1957 on June 17, 2020 by a vote of 73 to 25 (Roll Call 121). We have assigned pluses to the nays not only because this bill irresponsibly increases the federal deficit and diverts energy royalties from being spent for needed constitutional purposes, but also because the Constitution does not authorize Congress to purchase private property except “for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.” Moreover, the federal government already owns a huge percentage of land directly — about 28 percent of the nation — and is a demonstrably poor steward of public lands.

View vote details at congress.gov/bill/116th-congress/house-bill/1957
Yes
Unconstitutional Vote

HR 1158 Appropriations (Passed 81 to 11 on 12/19/2019). Provides $860.3 billion in discretionary spending for four of the 12 fiscal 2020 appropriations bills. See U.S. Const., Art. I, Sec. 8.

Estimated Cost Per Household: $6,698

This bill (H.R. 1158) would provide $860.3 billion in discretionary spending for four of the 12 fiscal 2020 appropriations bills. Here are some highlights of the unconstitutional programs hidden within this bill: $70.7 billion in overseas contingency operations funding, including for the undeclared war in Afghanistan; $22.3 billion for the unconstitutional Federal Emergency Management Agency (FEMA); and $3.28 billion in unconstitutional federal funding for state and local law-enforcement activities.

Many programs within this defense-related minibus are for unconstitutional purposes, and in light of a $26 trillion national debt and a $3.8 trillion budget deficit, this jumbo-sized appropriations bill is also fiscally irresponsible.

Appropriations

This bill (H.R. 1158) would provide $860.3 billion in discretionary spending for four of the 12 fiscal 2020 appropriations bills: $695.1 billion for the Defense Department; $68 billion for the Homeland Security Department; $73.2 billion for the Commerce and Justice Departments and science and related agencies; and $23.8 billion for the Treasury Department, Internal Revenue Service, and other agencies. Here are some highlights of some of the unconstitutional programs hidden within this super-sized appropriations bill: $70.7 billion in overseas contingency operations funding, primarily for the ongoing, undeclared war in Afghanistan and other counterterrorism operations; $22.3 billion for the unconstitutional Federal Emergency Management Agency (FEMA); $17.4 billion in unconstitutional disaster relief funds; and $3.28 billion in unconstitutional federal funding for state and local law-enforcement activities.

The Senate passed H.R. 1158 on December 19, 2019 by a vote of 81 to 11 (Roll Call 428). We have assigned pluses to the nays because many programs within this defense-related minibus are for unconstitutional purposes, and in light of a $26 trillion national debt and a $3.8 trillion budget deficit, this jumbo-sized appropriations bill is also fiscally irresponsible.

View vote details at congress.gov/bill/116th-congress/house-bill/1158
Yes
Constitutional Vote

S 109 Abortion Funding (Rejected 48 to 47 on 1/17/2019). Prohibits the use of federal funds to cover the cost of most abortions.

The No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2019 (S. 109) would prohibit the use of federal funds to cover the cost of abortions, except in cases of rape, incest, or when a woman’s life is at risk unless an abortion is performed. The bill would also prohibit qualified health plans from including abortion coverage.

The government should not subsidize or make provision for the killing of innocent human life.

Abortion funding

The No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2019 (S. 109) would prohibit the use of federal funds to cover the cost of abortions, except in cases of rape, incest, or when a woman’s life is at risk unless an abortion is performed. The bill would also prohibit qualified health plans from including abortion coverage.

The Senate did not vote directly on the bill, but on a motion to invoke cloture (and thus limit debate) so the bill could come up for a vote. The motion to invoke cloture was rejected on January 17, 2019 by a vote of 48 to 47 (Roll Call 7; a three-fifths majority of the entire Senate is required to invoke cloture). We have assigned pluses to the yeas because the government should not subsidize or make provision for the killing of innocent human life.

View vote details at senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=116&session=1&vote=00007
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