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This House would abolish congressional earmarks
This House would abolish congressional earmarks
Under the US Constitution, Congress is responsible not just for voting tax revenues for the federal executive to spend, but also for appropriating (directing) those funds so that they can only be used for particular areas of expenditure. To a large extent this involves fairly broad grants of money to government departments and agencies (e.g. to the US Department of Transportation for highway construction), which still gives the President and his Administration the discretion to allocate funds to particular projects within those areas (e.g. where new highways will actually be built). However, Congress can choose to be very specific in the appropriation of money for particular tasks (e.g. requiring that a precise sum of money be spent constructing a new highway between Town A and Town B in the state of Delaware). Often such appropriations of money are inserted into the text of bills at the request of individual Representatives or Senators, and are known as earmarks. They usually require the Government to spend money on particular projects in the Congressman’s district or state, although they can also provide targeted exemptions from particular taxes or fees. It is estimated that the 2009-10 US budget contained some $16 billion in earmarks. Many earmarks are inserted in the course of bills’ passage through Congressional committees, with membership of the key Appropriations Committees being particularly associated with the opportunity for Congressmen to obtain earmarks to favour their constituents. Other earmarks, often called “soft earmarks” are inserted into the text of Congressional committee reports, but these are also regarded as binding upon the executive in the same way that earmarks on actual Congressional bills are.
Earmarks have been controversial for decades, with opponents arguing that they create bloated and wasteful budgets to the detriment of taxpayers. They are also seen as the main means by which “pork barrel” politics is practiced, with Congressmen competing to insert as many earmarks as possible into legislation in order to bring federal spending into their state and so boost their chances of re-election. “pork” or “pork barrel” is “a bill or project requiring considerable government spending in a locality to the benefit of the legislator's constituents who live there”,[1] all the countries taxpayers pay for a local project. Earmarks have become more widely debated in 2010, as the Tea Party movement campaigned against the ballooning federal debt and wasteful government spending and House Republicans pledged in March to deny themselves the use of earmarks. Many new Republican Congressmen elected in the November 2010 midterms had vowed to end earmarks entirely, and the House leadership under incoming Speaker Boehner has committed itself to a moratorium on their use that would apply to all Congressmen of whatever party. Republican Senators are more divided on the issue, and it remains unclear whether they will follow suit.
[1] Collins English Dictionary, ‘pork barrel’, 2003
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| Points For | Points Against |
|---|---|
| Abolishing earmarks will save money | Earmarks are part of the power of the purse |
| Earmarks do not represent an efficient use of taxpayers' money | Earmarking should become a transparent and publicly monitored process |
| Earmarks erode trust in the government | Congressional earmarks are a check on an excessively powerful executive branch |
| Earmarks transfer too much power to political parties' central leadership | Earmarks help to create congressional stability |
| Earmarks do not accord with democratic principles of equity, fairness and justice | Imposing a ban on earmarking will destabilise congrerss |
Remember to choose a winning argument!
Abolishing earmarks will save money
Point
Scrapping earmarks will save billions of dollars and contribute to reducing the appalling US budget deficit. Earmarks totalled about $16 billion of the 2009-10 budget,[1] unnecessary spending which should be cut in the interests of both present and future US taxpayers. Earmarks can be a large amount of a department’s budget, in 2005 the Office of Naval Research derived a quarter of its budget through earmarks.[2] Granted, removing earmarks alone will not be sufficient to eliminate the budget deficit and get rid of wasteful government spending, but earmarks are the obvious place to start. Until these most egregious examples of waste are tackled, it will not be possible to move on to cut bigger spending programs.
[1] Kane, Paul, ‘Congressional earmarks worth nearly $16 billion’, 2010
[2] Charging RINO, ‘The Problem with Earmarks’, 2006
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Counterpoint
Scrapping earmarks won’t save money, it’s just a distraction from the real challenge the government faces. As Earmarks are just a way of describing a government funded program[1] they do not represent additional government spending, they simply appropriate small amounts of it (less than 0.5% of the whole US budget, and only 1.5% of discretionary spending) for specific projects.[2] If the earmarks were not there, the money would still be spent; its use would simply be decided by the executive branch rather than directed to a particular end by Congress. For this reason, ending the use of earmarks will do nothing to cut the deficit. If you were serious about doing that you would have to think about cutting entitlement programs such as Medicare and Medicaid, raising the pension age further, reducing military expenditure, and increasing taxes.[3]
[1] Harris-Lacewell, Melissa, ‘In Defense of Earmarks’ 2009
[2] Sell, T.M., ‘A few kind words for earmarks’, 2009
[3] Hoyer, Steny H., ‘’Pork’ doesn’t fatten budget’, 2009
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Appendix
Charging RINO, ‘The Problem with Earmarks’, 2006, http://chargingrino.blogspot.com/2006/06/problem-with-earmarks.html, "Some stats: 'The number of earmarks in the annual defense spending bill increased from 587 worth $4.2 billion in fiscal 1994 to 2,506 worth $9 billion in fiscal 2005, according to a recent Congressional Research Service study. There were 231 'plus-ups' - the Navy's term for the money Congress adds for its members' pet projects - totaling nearly $600 million just in the Office of Naval Research budget in fiscal 2005, about a quarter of the total.' [...] This is a problem. And until members of Congress take serious steps to end their addiction to earmaking, it's not a problem that's going away."
Counterpoint:
Harris-Lacewell, Melissa, ‘In Defense of Earmarks’ 2009, http://www.thenation.com/blog/defense-earmarks, "earmarks are not necessarily evil. [...] An earmark is just a way of describing a government funded project where the spending is designated for a particular group or location."
Sell, T.M., ‘A few kind words for earmarks’, 2009, http://crosscut.com/2009/02/09/politics-government/18839/A-few-kind-words-for-earmarks/, “Earmarks were in fact less than 1 percent of the federal budget in 2008. Congress could use a germaneness rule, so that amendments to bills, including earmarks, have to relate to the original bill. That would prevent some shenanigans. But even though a lot of earmarks get through Congress, it’s difficult to argue that earmarks are what has driven up the federal deficit.”
Hoyer, Steny H., ‘’Pork’ doesn’t fatten budget’, 2009, http://blogs.usatoday.com/oped/2009/03/opposing-view-p.html, [link not working], Earmarks [...] make up a tiny portion of the budget but have received a disproportionate share of attention.
[...] Some politicians try to cultivate an image of fiscal discipline by railing against earmarks -- and "pork" also makes a great story for the news media. But as congressional scholar Thomas Mann recently noted, earmarks do not generally increase spending but simply allow members of Congress to direct a small part of a program's funding. "Abolishing all earmarks would therefore have a trivial effect on the level of spending," Mann explained, adding that "hyperbolic attacks on earmarks are a disservice to the public, encouraging people to concentrate way too much attention and energy on a largely symbolic issue and ignore the critical decisions that we face.'
Getting our fiscal house in order is much more difficult and more essential than arguing over earmarks. We must take a tough look at the future of Social Security, Medicare and Medicaid and reform our defense budget to protect our security and tax dollars. Only by making tough choices on big issues will we return our nation to fiscal responsibility.
Rauch, Jonathan, ‘Earmarks Are A Model, Not A Menace’, 2009 http://www.nationaljournal.com/njmagazine/st_20090314_4955.php, "Obsessing about earmarks, indeed, has the perverse, if convenient, effect of distracting the country from its real spending problems, thus substituting indignation for discipline.
[...] These days, the problem is not so much with earmarking as with Congress's and the public's obsession with it. "It just takes too damn much time," Lilly says. "Congress is spending an inordinate amount of time on 1 percent of the budget and giving the executive branch much too free a rein on the other 99 percent."
Earmarks do not represent an efficient use of taxpayers' money
Point
Earmarks usually represent expensive programs of little worth to the American people. As the main means of pork barrel politics, earmarks are typically vanity projects with little economic benefit. Examples include the Alaskan “Bridge to Nowhere” (a $400 million project to connect an island community of just 50 people to the mainland),[1] $1 million for shuttle buses at Western Kentucky University,[2] and a grant of $300 000 for the Polynesian Voyaging Society of Hawaii.[3] Worse, a recent Harvard Business School study found that states which received the most federal spending via earmarks from well-connected Congressmen actually suffered economically as a result, because the federal money crowded out private investment and distorted the local jobs market.[4]
[1] Volpe, Paul, ‘Politifact: ‘Bridge’ Going Nowhere Before Palin Killed It’, 2008
[2] WKU News, ‘Funding secured for 2 more projects’, 2009
[3] Mendoza, Jim, ‘McCain criticizes Voyaging Society earmark’, 2010
[4] Coval, Joshua et al., ‘Do Powerful Politicians Cause Corporate Downsizing?’, 2011
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Counterpoint
There will always be some wasted spending but earmarks often appropriate money for projects that are considered very worthwhile by the local community.[1] After all, representatives know that useless vanity projects will not attract positive headlines back home, so they have every incentive to ensure that the money goes into stimulating local economies, investing in neglected communities, and making a positive impact on the lives of millions of Americans.[2] For example Senator McCain singled out $6.6million for research on Formosan termites as unjustified but for local people they represent a threat to buildings as they consume wood.[3] Furthermore, who is more likely to appreciate the needs on the ground, a faceless, unaccountable Washington-based bureaucrat, or an elected local representative closely in touch with the needs of their constituents? As Rahm Emanuel argues “I know more about the needs of the people I represent than some bureaucrat in Washington, an ideologue in the White House, or worse, a bureaucrat with orders from a White House ideologue.”[4] Finally, if there are some worthless examples of earmarks, then by all means eliminate those through scrutiny and votes in Congress on a case-by-case basis. There is no need to abandon the whole system.
[1] Elander, Eugene, ‘So, what’s wrong with earmarks?’, 2009
[2] Rauch, Jonathan, ‘Earmarks Are A Model, Not A Menace’, 2009
[3] Grace, Stephanie, ‘In defense of earmarks’, 2009
[4] Emanuel, Rahm, ‘Don’t Get Rid of Earmarks’, 2007
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Appendix
Counterpoint:
Elander, Eugene, ‘So, what’s wrong with earmarks?’, 2009, http://www.opednews.com/articles/So-what-s-wrong-with-earm-by-Eugene-Elander-090309-812.html, "One person's earmark is another's vitally needed infrastructure project." Many call all earmarks that do not benefit them "wasteful", while accepting earmark funding for their own local needs as "necessary". "Waste" and "necessity" are in the eyes of the beholder. Because most earmarks do not benefit any given citizen, citizens often view nearly all earmarks as "wasteful".
Rauch, Jonathan, ‘Earmarks Are A Model, Not A Menace’, 2009 http://www.nationaljournal.com/njmagazine/st_20090314_4955.php "Competition for funding, combined with flexibility and local knowledge, makes earmarks 'often some of the best expenditures the federal government makes in a particular area,' Lilly says. 'I would say, on the whole, earmarks probably provide as much value-added as non-earmarked federal spending.'"
Emanuel, Rahm, ‘Don’t Get Rid of Earmarks’, 2007 http://www.nytimes.com/2007/08/24/opinion/24emanuel.html?_r=1&oref=slogin “In my own district, I obtained an earmark to rebuild a bridge that not only was rated as deficient but also was identified by the Department of Homeland Security as a major evacuation route in case of a terrorist attack on Chicago. Does that make me an “earmark thug” or a congressman who took care of a critical need in his district?
Other earmarks I’ve championed include money for after-school programs, computers for police patrol cars, master teacher training programs and a children’s hospital research facility. I make no apologies for these earmarks, which serve important public purposes — and might even save a life. I’m happy to defend them in the well of the House or against attacks from campaign opponents.”
Cole, Zachary, ‘Congress spending vote stirs earmarks debate’, 2009, http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/03/04/MN8P168F1I.DTL, To Sen. John McCain, R-Ariz., the $7.7 billion in earmarks tucked into a $410 billion spending bill are wasteful pork. But those are fighting words to Tony Pearsall, a former police captain and city councilman in Vallejo, whose nonprofit group would get one of those earmarks.
The group, Fighting Back Partnership, which runs programs for at-risk kids in the Vallejo public schools, would benefit from a $333,000 earmark requested by Martinez Democratic Rep. George Miller.
"When you are dealing with kids, who are our future, how can you consider it pork or unreasonable spending?" Pearsall asked. [...]
Pearsall said his Vallejo nonprofit is run on a shoestring with small grants from the federal and state governments and private foundations. Without the federal help, youth programs would be cut back, he said.
"It would be devastating," he said. "Right now Vallejo is bankrupt. There are not many programs in the schools because the school district is in dire straits financially. All the city departments are in dire straits financially."
Grace, Stephanie, ‘In defense of earmarks’, 2009, http://blog.nola.com/stephaniegrace/2009/03/in_defense_of_earmarks.html, A recent analysis of the $410 billion spending bill just approved by Congress, issued by the watchdog group Taxpayers for Common Sense, placed both Louisiana senators in the top five of earmark sponsors.
Does that mean Louisiana's voters are up in arms, or that they should be? Hardly.
The bill includes things like $8.6 million for Louisiana Coastal Area Ecosystems Restoration projects, $5.7 million for Morganza to the Gulf hurricane protection, $16.5 million for maintenance and operations of the Gulf Coast Intracoastal Waterway. Not exactly frivolous, in most local eyes.
Nor is the $6.6 million for Formosan termite research now heading New Orleans' way, even though anti-earmark purist Sen. John McCain has singled it out as an example of unjustified spending. Perhaps McCain doesn't know, or care, how much of a threat those bugs present to the area's building stock.
That's the point. Earmarks, if used properly, give power to those who do know the local landscape.
In the just-completed spending bill, Landrieu ranked third with $332 million in earmarks, which should come as no surprise, given that she's an unabashed earmark fan.
"I advocate for these and other Louisiana projects because they are important to the people and communities in my state, " Landrieu said. "There will always be a need to direct appropriations dollars based on the reality on the ground."
Emanuel, Rahm, ‘Don’t Get Rid of Earmarks’, 2007 http://www.nytimes.com/2007/08/24/opinion/24emanuel.html?_r=1&oref=slogin “I happen to believe that I know more about the needs of the people I represent than some bureaucrat in Washington, an ideologue in the White House, or worse, a bureaucrat with orders from a White House ideologue.”
Earmarks erode trust in the government
Point
The use of earmarks erodes trust in politicians and the federal government for two reasons. First, it reinforces a belief that politicians ignore the wider national interest but are simply out for themselves, scrabbling to channel as much federal pork as possible back home in order to aggrandise themselves and ensure re-election. Second, it assumes that the answer to every local problem or issue is for the federal government to raise yet more tax revenue and bestow it from on high because Washington-knows-best. It is a symbol that makes it hard to resist spending both for politicians and their constituents.[1]
[1] Minge, David, ‘The Case Against Academic Earmarking’
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Counterpoint
What erodes trust in Congress is the endless squabbling between parties who put their own partisan advantage over the national interest, not the lobbying of individual representatives and senators on behalf of their constituents. Politicians erode trust by loudly arguing that government is the problem.[1] Earmarks are in fact important in linking Congress to citizens, as they produce concrete benefits at a local level that can be associated with the activities of elected officials. This increases trust and helps to legitimise the wider activities of the federal government, including its taxes. This helps to explain why opinion polls find that most people trust their own Congressman to do the right thing, even as confidence in Congress as a whole sinks to record lows.[2]
[1] Sell, T.M., ‘A few kind words for earmarks’, 2009
[2] Reich, Robert, ‘House of Ill-Repute: It’s Time to Ban Earmarks”, 2006
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Appendix
Minge, David, ‘The Case Against Academic Earmarking’, http://www.aaas.org/spp/yearbook/2002/ch12.pdf, "unfortunate is the symbolism of earmarking. In an era of large deficits it was easier to resist such spending. We needed discipline to balance the budget. Earmarks could not be afforded. Now with the surplus, we are threatened with an opening of the floodgates. It is hard to convince constituents of the need for restraint and fair play when word of earmarks leaks out."
Los Angeles Times, ‘Earmark games in Washington’, 2009, http://articles.latimes.com/2009/mar/10/opinion/ed-earmarks10, “Earmarks, which are inserted into spending bills without the usual committee review, don't always amount to wasteful pork. It's not hard to decide whether a bridge to nowhere is a worthwhile project, but such clear examples of abuse get a great deal of attention because they're relatively rare. It's much harder to determine whether an educational program in Missouri or a museum expansion in Los Angeles is really something taxpayers should be funding. That's why blanket moratoriums aren't necessarily the best approach. It's better to open the books to scrutiny and let the public decide whether an individual earmark is wasteful or unnecessary.”
Counterargument:
Sell, T.M., ‘A few kind words for earmarks’, 2009, http://crosscut.com/2009/02/09/politics-government/18839/A-few-kind-words-for-earmarks/, “The complaining about lack of congressional oversight in the stimulus package underscores the absurdity of the post-modern America polity: We brag about our freedom, democracy, and superior form of government, and yet relatively few Americans have any faith in it or understand how it works. (And if we’re the greatest nation on earth, why do we have to keep telling everybody?)
My own students will frequently say they know nothing about government and pay little attention to it, but they know that most people in government are corrupt. How they know this is never made clear. My response often is, if so many government officials were truly on the take, they’d dress better.
Some of this automatic distrust stems from nearly 40 years of candidates campaigning against government, a gift of politics in general and the Republicans in particular. For far too long, the typical campaign rhetoric has been “government is the problem; elect me and I’ll destroy government.” The first part is yelled; the second part barely whispered.
You heard it loud and clear from the right throughout the 2008 campaign — the system is broken. Exactly how it’s broken, nobody really says, but apparently we’re going to hell on a hot rail unless we elect a bunch of people who hate government to somehow want to fix it. That’s like saying we could fix education if we hired a bunch of people who hate school.”
Reich, Robert, ‘House of Ill-Repute: It’s Time to Ban Earmarks”, 2006, http://www.commondreams.org/views06/0912-32.htm, "The conventional view in the House is Americans really don't care about lobbying reform because they take corruption for granted, and it won't especially hurt Republicans (or benefit Democrats) this fall. According to this view, Americans think Congress is rotten to the core except when it comes to their own representative, who they consider a fine, upstanding person. The phenomenon is roughly analogous to what Americans think about education -- the system is terrible except their own schools, which are fairly good."
Earmarks transfer too much power to political parties' central leadership
Point
The ability to support or withhold approval from earmarks strengthens the party leaderships in Congress too much. Effectively the leadership can bribe elected representatives with pork for their state or district in order to get them to vote for flawed legislation or budgets. This was clearly seen in the 2010 Healthcare bill where in the Senate votes were secured from conservative Democrats by offering federal spending or subsidies that only affected the states of Louisiana and Nebraska.[1] One consequence of the temptation provided by earmarks is poor policy-making, but more broadly it discourages Congressmen from thinking and voting independently, according to their consciences and their belief in what is best for the nation.
[1] Murray, Shailagh and Montgomery, Lori, ‘Deal on health bill is reached’, 2009
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Counterpoint
Some observers would argue that Congress suffers from a lack of party unity, rather than too much of it, and that anything that helps the leaderships to deliver on their party’s campaign promises is of value. So the promise of earmarks is part of the normal give-and-take of legislative politics, often allowing a representative to ameliorate the adverse impact of a policy at a local level and allow necessary bills to be passed.[1] However, even if you think this is bad, eliminating earmarks will not get rid of undue influence on voting in Congress. Instead it will hand that power to the executive, with the White House being able to offer incentives to wavering Congressmen to get them to vote for its programs in the form of promises about increased spending on projects in their state or district.
[1] Plumber, Bradford, ‘The liberal case for pork’, 2006
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Appendix
Counterpoint: Plumber, Bradford, ‘The liberal case for pork’, 2006, http://www.tnr.com/article/politics/sugar-daddy, If deficit hawks and goo-goo groups had their way, many perfectly good bills would never pass. In 1986, the Reagan administration was trying to shepherd a surprisingly progressive tax-reform bill through Congress. (Although the bill would have reduced the tax rate on the top income bracket, it also raised corporate taxes by $120 billion over five years and simplified the tax code by closing about $300 billion worth of corporate loopholes. More importantly, the bill effectively eliminated federal income taxes for those under the poverty line.) At the time, liberals cheered, while right-wingers in the Reagan administration were furious. William Niskanen, the president's acting chief economic adviser, reportedly said of the bill, "Walter Mondale would have been proud."
The problem was that the reform bill faced an uphill battle through the Senate. A multitude of businesses and special interests risked losing their much-cherished tax breaks, and they lobbied hard against several provisions in the bill. The only way to ensure that the bill survived was to grease it up with pork. A large number of temporary tax preferences--known as "transition rules"--were added to the bill, at the behest of individual Senators, for over 174 beneficiaries, including a variety of cities and municipal facilities. Senate Majority Leader Bob Dole worked to get his party behind the reform, and for his efforts received a tax preference for the redevelopment in his home state of Kansas. Even Ohioan Howard Metzenbaum, a longstanding opponent of narrowly-tailored corporate tax breaks, secured exemptions for convention centers in his home state.
As Alan Murray and Jeffrey Birnbaum reported in Showdown at Gucci Gulch, the definitive account of the 1986 tax reform, "Every time [Senate Finance Committee Chairman Bob] Packwood ventured onto the Senate floor, his colleagues stuffed pieces of paper into his jacket pocket, with additional requests for transition rules." It was a feeding frenzy. It was obscene. But it also worked: "The transition rules were a necessary evil; they would help assure passage of the bill." And since the exemptions cost little in the context of the larger bill, it was well worth the price.
Less than a decade later, Bill Clinton discovered the virtues of pork while trying to pass his deficit-reduction package in 1993. Since Republicans flatly refused to support the president's budget, Clinton had to strong-arm several holdout Democrats into supporting the bill and its unpalatable tax hikes. Legislative bribery did the trick. Arizona Senator Dennis DeConcini stopped opposing the budget after he was promised a cut on Social Security taxes, benefiting seniors (a key constituency in his state). Dianne Feinstein wavered on the bill until she received R&D subsidies for California companies. The budget ended up squeaking through the Senate on Vice President Al Gore's tie-breaking vote and paved the way for balanced budgets late in the decade--a previously unthinkable task which some economists credit with helping to spur the economic boom in the '90s. Pork made it all possible.
The point is this: Any big-government program on the progressive wish list will likely prove even more difficult to pass than the 1986 tax reform or 1993 budget. Single-payer health care? Card check for unions? Reductions in carbon emissions? It won't get done without an orgy of earmarks to entice the inevitable skeptics in Congress. That won't be pretty, but if the price of, say, universal insurance is a bit of borderline corruption here and there, it's a tradeoff worth making. And, while it's true that conservatives can use earmarks to pass their own massive spending programs--the prescription-drug benefit comes to mind--in the long run, institutional mechanisms that enable activist government will favor liberals.
Earmarks do not accord with democratic principles of equity, fairness and justice
Point
Earmarks are fundamentally unfair, benefiting some states and congressional districts much more than others regardless of the merits of their case for federal spending. Where spending priorities are decided by the executive they can set objective criteria and organise competitive bidding processes for specific projects. Earmarks avoid this merit-based approach and instead channel money to specific projects according to how well-connected their Congressional representatives are.[1] Congressmen on the key spending committees, especially the Appropriations Committees, are best placed to channel pork back to their districts. It has been found that earmark spending rises between 40-50% in a state if one of its Senators becomes Chair of a top-three committee.[2]
[1] Minge, David, ‘The Case Against Academic Earmarking’
[2] Coval, Joshua et al., ‘Do Powerful Politicians Cause Corporate Downsizing?’, 2011
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Counterpoint
All spending benefits some states over others, all that depends is the actors who are deciding on where the money goes. If spending is equal per person then it can be accused of not being progressive or benefiting states that need it more. If it is made by some other method then it will always favor some over others. It is right that those who are determining where money is going should be elected representatives rather than a bureaucrat or a simple formula.
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Minge, David, ‘The Case Against Academic Earmarking’, http://www.aaas.org/spp/yearbook/2002/ch12.pdf, "Within the academic community, the earmarking process could become corrosive. At its logical extreme, faculty would be rewarded more for their role in politics than for developing sound research proposals. Assistant professors would be encouraged to put up lawn signs and distribute campaign literature to enhance their political influence with Members of Congress. Given the importance of fundraising, department heads, deans, and university presidents would be drawn into raising money for congressional races as a way of gaining the ultimate influence. We certainly do not want to go down that road."
Earmarks are part of the power of the purse
Point
Earmarks are an important aspect of Congress’s proper powers and role within the constitution, they have been used since the early 19th Century.[1] The US Constitution gives Congress the power of the purse – exclusive authority over the raising of money and its appropriation to particular spending areas. Directing federal funds to individual projects at a local level is an important part of this;[2] indeed many Congressmen such as Rahm Emanuel consider it their duty for which they can be held accountable by voters.[3] It is part of having several layers of accountability and representation at the federal level, congressmen for local interests, Senators for states and the President for the whole country.[4] The unconstitutional alternative is for Congress to cede this power entirely to the executive branch.
[1] Plumber, Bradford, ‘The liberal case for pork’, 2006
[2] Feehery, John, ‘Reform, don’t ban, earmarks’, 2009
[3] Emanuel, Rahm, ‘Don’t Get Rid of Earmarks’, 2007
[4] Harris-Lacewell, Melissa, ‘In Defense of Earmarks’ 2009
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Counterpoint
The power of the purse was given to congress in order to keep taxation down, and therefore spending as well. Unnecessary spending on earmarks is therefore opposed to the founding fathers intentions.[1]
[1] ThisNation.com, ‘Congressional Power’
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Appendix
Plumber, Bradford, ‘The liberal case for pork’, 2006, http://www.tnr.com/article/politics/sugar-daddy, "Since the age of Jefferson, members of Congress have been earmarking money in spending bills for local projects that might not otherwise receive attention from federal agencies--and doing it to win votes back home. (James Monroe warned that pork would be 'productive of evil.')"
Feehery, John, ‘Reform, don’t ban, earmarks’, 2009, http://www.politico.com/news/stories/0309/20001.html, Getting rid of earmarks is not only impractical; it gives way too much power to the executive branch.
Earmarks are a small, but essential, price to pay to protect democracy and our form of representative government.
Our nation’s founders bestowed upon Congress the power of the purse as a reaction to the absolute power of King George and his fellow monarchs. But what good is the power of the purse without the right to actually direct some of the spending of the president.
Undoubtedly, Congress has abused their power to spend the people’s money, and unfortunately, corruption has become all too commonplace.
But the reaction to this corruption should not be the wholesale abdication of power to an all-powerful executive.
Rather, Congress should reform its spending ways to rebuild the taxpayer’s trust in the process.
Emanuel, Rahm, ‘Don’t Get Rid of Earmarks’, 2007 http://www.nytimes.com/2007/08/24/opinion/24emanuel.html?_r=1&oref=slogin, "Some members of Congress, on both sides of the aisle, eschew earmarks. That is their right. But most members believe it is their prerogative and their duty to channel federal resources to important public purposes."
Harris-Lacewell, Melissa, ‘In Defense of Earmarks’ 2009, http://www.thenation.com/blog/defense-earmarks, But there is nothing inherently evil or bad about such a system. In fact, it is nearly impossible to imagine any other way of crafting a federal budget. Of course we all pay into the pot. Of course some projects benefit some localities and other projects benefit other localities. This is part of the genius of our Founding Fathers. They created a system with multiple layers of accountability. Members of the House of Representatives are elected from local districts and they are supposed to worry about being responsive to local interests. They are reelected every 2 years to ensure maximum accountability to these local interests. It is their job to make sure that many of the local spending projects end up in their district. If your representative is not doing this then you should fire her! Seriously. Please make sure that federal government money is allocated to your community and if it isn't please run against your member of Congress in 2010.
Now Senators are elected from states and are supposed have somewhat broader interests. They have a longer electoral clock (6 years) so that they can think more long term and because they are accountable to an entire state they are supposed to take a broader view. Good. Senators are not as accountable to localized interests. Each of us is BOTH a citizen of a congressional district and of a state. It is right and proper to have both our local interests and state interests represented in political bargaining. Part of the reason every state has 2 senators is so we can have overlapping understandings of what it means to represent a state.
Then there is the president who has a view of the entire nation and so is meant to guard broad national interests alongside the local concerns. At its best it is a great system where the multiple overlapping constituencies allow all of our interests to have some chance of representation.
The system is not made better by denying the reality of local interests just to claim to be doing everything in the national interest. We are a country of states, we are states of cities, we are cities of neighborhoods. Each of us, each of our communities, makes up the big picture.
Local spending projects (earmarks) are just part of that process. The only way to govern without local spending proects is for the federal government to simply give all the money to the states and let the states decide how to spend the cash. Trust me when I tell you that this is not a good idea. If you have any doubt about what happens when states are allowed to set autonomous policy without federal intervention then I suggest you spend some time reading about slavery and the Civil War.
Earmarking should become a transparent and publicly monitored process
Point
The use of earmarks has become progressively more transparent and accountable in recent years.[1][2] There is now a Congressional database of earmark requests, a requirement on representatives and senators for disclosure on their websites, as well as a certification obligation that they declare that neither they nor their family will benefit from the requested appropriation. Earmarks are thus a “nonbureaucratic, transparent system of rapid-response grants for pressing local concerns”, something which is genuinely useful.[3] There however could be further reforms such as having committees authorize all spending and banning last minute vote buying.[4]
The attention given to earmarks by the media and campaigning groups means that requests now receive far more scrutiny than they did in the past so we can be sure that campaigners and the press will make sure what they do is benefiting their constituency.[5]
[1] Emanuel, Rahm, ‘Don’t Get Rid of Earmarks’, 2007
[2] Marlowe, Howard, ‘In defense of earmarks’, 2008
[3] Rauch, Jonathan, ‘Earmarks Are A Model, Not A Menace’, 2009
[4] Feehery, John, ‘Reform, don’t ban, earmarks’, 2009
[5] Sell, T.M., ‘A few kind words for earmarks’, 2009
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Counterpoint
Transparency is difficult in such immense spending bills as there is no way the appropriations committee can vet all the thousands of earmarks.[1][2] Earmarks move below the radar so earmarks encourage corruption.[3] Although collusion cannot easily be proved, the ability of a Congressman to solicit campaign contributions in exchange for using earmarks to provide federal investment, subsidies, tariff protection and tax breaks for individual firms and industries is worrying.[4]
[1] Rauch, Jonathan, ‘Earmarks Are A Model, Not A Menace’, 2009
[2] Minge, David, ‘The Case Against Academic Earmarking’
[3] Minge, David, ‘The Case Against Academic Earmarking’
[4] Lessig, Lawrence, ‘the wong in earmarks’, 2008
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Appendix
Marlowe, Howard, ‘In defense of earmarks’, 2008, http://thehill.com/business-a-lobbying/k-street-insiders/k-street-insiders/20154-in-defense-of-earmarks, “Earmarks are not evil if their sponsors and purposes are made public and if appropriations committee aides are given the time and resources to vet each one thoroughly. Those members of Congress who abhor earmarks should propose legislative changes that take Congress back to the pre-Budget Act days of the Nixon era, when the president controlled the budget. The reforms enacted last year need to be given a chance to work before anyone considers changing them.”
Emanuel, Rahm, ‘Don’t Get Rid of Earmarks’, 2007 http://www.nytimes.com/2007/08/24/opinion/24emanuel.html?_r=1&oref=slogin, “Bringing transparency and accountability to the earmark process is a significant reform, a pledge we made and a pledge we kept. And it’s one we’ve extended to lobbyists, by barring them from providing gifts or trips to members of Congress and by increasing reporting requirements for their meetings and their campaign money-raising activities. To overlook or dismiss the impact of these reforms adds to the public’s cynicism about government.
[...] to suggest, as some news reports have, that the earmark process under the new Democratic Congress is worse than before is wrong, unsubstantiated and cynical. We wouldn’t even be having the conversation if our reforms hadn’t forced the full reporting of all earmarks, something vigorously opposed by the previous Congressional leadership.
Past Congresses helped turn the people’s house into an auction house. The old earmark process empowered the special interests. Now, in the space of a few months, the new Democratic Congress has taken earmarks out of the shadows while cutting their cost by half. We have preserved Congress’s power of the purse and given our constituents, the news media and even our political opponents the most useful tool to guard against corruption: sunshine.”
Rauch, Jonathan, ‘Earmarks Are A Model, Not A Menace’, 2009 http://www.nationaljournal.com/njmagazine/st_20090314_4955.php "Political discretion can be abused, and one would certainly not want most federal spending to be subject to it. But, provided that transparency is assured, shouldn't there be a place in government for elected officials to exercise judgment in the use of taxpayer money? In fact, if you wanted to create a nonbureaucratic, transparent system of rapid-response grants for pressing local concerns, you would come up with something very much like today's earmarking system (and you'd call it 'reinventing government')."
Rauch, Jonathan, ‘Earmarks Are A Model, Not A Menace’, 2009 http://www.nationaljournal.com/njmagazine/st_20090314_4955.php “Reformers who want to ban earmarking might think again. 'You're never going to abolish earmarks,' Moran says. 'What you'll wind up abolishing is the transparency, the accountability.' If unable to earmark, legislators will inveigle executive agencies behind the scenes, fry bureaucrats at hearings, and expand or rewrite entire programs to serve parochial needs. This, of course, is the way things worked in the bad old days. 'I think you'll wind up going back to that system,' Kolbe cautions.
A better approach is to improve transparency and further routinize the earmarking process, as President Obama proposed on Wednesday when he signed the omnibus spending bill. But here is a reform that would help much more: Declare earmarking an ex-problem and move on. Next time you come across someone who looks at a giant federal spending bill and sees only the 2 percent that happens to be earmarked, tell that person to get over it.”
Feehery, John, ‘Reform, don’t ban, earmarks’, 2009, http://www.politico.com/news/stories/0309/20001.html, “Undoubtedly, Congress has abused their power to spend the people’s money, and unfortunately, corruption has become all too commonplace.
But the reaction to this corruption should not be the wholesale abdication of power to an all-powerful executive.
Rather, Congress should reform its spending ways to rebuild the taxpayer’s trust in the process.
First, it should insist on transparency. Last-minute deals to add special little projects, all to buy votes, should be prohibited.
Second, it should insist that the committee of jurisdiction authorize all appropriated projects. The authorization process should be revitalized to give each and every spending request the scrutiny it deserves.
Third, no member should be given the power to be able to both authorize and appropriate spending projects. The temptation is simply too great when members have that much power to spend taxpayers dollars.
Fourth, the Congress should use an outside accrediting agency (perhaps GAO or the CBO) to give a seal of approval that the spending requests are in the national interest, and not just in the parochial or private interest of the requesting member.”
Sell, T.M., ‘A few kind words for earmarks’, 2009, http://crosscut.com/2009/02/09/politics-government/18839/A-few-kind-words-for-earmarks/, “for the most part, the officials charged with dispensing stimulus dollars will do the best they can with what they have, because they are in fact closer to the people and will catch hell if they don’t do their jobs. That is our system of government: federalism, which divides and shares power between the states and the national government. Amazingly, it still works. It’s not perfect; it never will be. But it lumps along with remarkable resiliency.”
Counterpoint:
Rauch, Jonathan, ‘Earmarks Are A Model, Not A Menace’, 2009 http://www.nationaljournal.com/njmagazine/st_20090314_4955.php Steve Ellis of the watchdog group Taxpayers for Common Sense - "There's no way the Appropriations Committee is able to vet the thousands of earmarks worth billions of dollars."
Minge, David, ‘The Case Against Academic Earmarking’ http://www.aaas.org/spp/yearbook/2002/ch12.pdf, "Earmarks are bad because they are obscure and do not face competitive review—except in the backroom politics of the Appropriations, Transportation, or other committees that engage in the process. Earmarks lack peer review and the scrutiny of public hearings. They are not included in the Administration’s budget. Often they originate in only one Chamber. Thus earmarks move below the radar."
Minge, David, ‘The Case Against Academic Earmarking’ http://www.aaas.org/spp/yearbook/2002/ch12.pdf, “The bills and committee reports that contain most earmarks are often not available for inspection until the day before they are debated. Given the length of the reports, the short time, and the press of other responsibilities, most Members of Congress lack the time and the staff to sift through the reports to find offensive pork barrel earmarks.”
Lessig, Lawrence, ‘the wong in earmarks’, 2008, http://www.lessig.org/blog/2008/09/the_wrong_in_earmarks.html, “the problem with earmarks is that they've become an engine of corruption. The explosion after the Republicans took over under Newt was because they were a newly deployed source of influence, designed (too often) to induce or repay a gift (or what others call, a campaign contribution).”
Congressional earmarks are a check on an excessively powerful executive branch
Point
The ability of Congress to earmark funds is an important check on the Presidency. Remember, removing earmarks does not save any money, it just means the executive rather than the legislature determines how it will be spent.[1] There are plenty of examples of US administrations spending money wastefully,[2] and others of Congress forcing them to commit money to worthwhile programs – both the improved body armour for troops and the Predator drone program originated as earmarks. As it is difficult to determine what is waste and what is not the books should be opened to scrutiny letting the public decide rather than there being an outright ban.[3]
[1] Rockwell, Lew, ‘In Defense of Earmarks’ 2008
[2] Elander, Eugene, ‘So, what’s wrong with earmarks?’, 2009
[3] Los Angeles Times, ‘Earmark games in Washington’, 2009
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Counterpoint
Earmarks may represent relatively small sums in themselves, but they act as a “gateway drug” to more profligate spending. By giving individual Congressmen the gratification of directing small amounts of taxpayers’ money to their own advantage, it makes it more likely they won’t say no later when major new spending proposals like Obamacare are put up for a vote. An addiction to earmarks also reinforces the Washington assumption that more government spending and intervention is always the answer.
Improve thisAppendix
Rockwell, Lew, ‘In Defense of Earmarks’ 2008, http://www.lewrockwell.com/blog/lewrw/archives/022527.html, “All the usual suspects are criticizing earmarks again. Being anti-earmark, like McCain and the Beltway types, is a way to seem anti-spending while actually strengthening executive power. Earmarks do not increase spending; they are congressional allotments of proposed spending. If money is not directed by Congressman X to the public library in Topeka, it goes to the presidency, where the federal agencies spend it. Earmarks are, in effect, a legislative blow at executive supremacy. A very minor one, it is true, but you can tell by the neocon yelps, not to mention the opposition of the Club for Growth, that earmarks are comparatively a good thing. So it is no contradiction for Ron Paul to request earmarks that his constituents want. He votes against the spending, of course, but if the earmark goes through, that's better than Bush and Cheney getting the dough for their nefarious scheme.”
Elander, Eugene, ‘So, what’s wrong with earmarks?’, 2009, http://www.opednews.com/articles/So-what-s-wrong-with-earm-by-Eugene-Elander-090309-812.html, “Each and every government program and project, at all levels, should be evaluated on its own merits in a thorough and objective manner. All of the earmarks in the present federal budget do not begin to compare to all of the billions which go into unneeded, and often non-functional, new weapons systems. During the Cold War, it was estimated that the United States and the Soviet Union had enough nuclear missiles on hand to kill the entire human population of the Earth ten times over, not to mention destroying the planet. Most of those missiles are still around, and many are not even secured. Compared to that doomsday situation, I'll take earmarks and public works projects anytime.”
Earmarks help to create congressional stability
Point
In a system with a two-yearly election cycle, a certain element of incumbent advantage provides stability and continuity in the legislature (and re-election rates have been sharply down in both 2008 and 2010). Many other factors promote incumbency, including the media attention a Congressmen rightly receives back home, perks of office such as large staffs and generous travel expenses, redistricting, and the ability of an incumbent to call upon an existing network of volunteers and donors to support their re-election bid. In any case, earmarks are only a tiny share of overall spending, and donations from local interest groups are usually heavily outweighed by both individual contributions and those from national organisations. Their money goes to candidates who share their ideological position and who they feel will vote to support the major legislative and budget initiatives they favour.
Improve thisCounterpoint
Earmarks serve to strengthen the advantages of incumbency when Congressmen seek re-election. They are used to generate pork barrel spending in the constituency, for example a former senator of Nevada claims the University of Nebraska lost $30 million per year when he retired,[1] which the Congressman can point to as an argument for their re-election, especially if they have seniority and a place on a major spending committee.[2] They may also make it easier for incumbents to raise large campaign contributions from grateful companies and industry associations, in 2007 people at companies that received defense earmarks gave lawmakers more than $47 million.[3] These reasons help to explain why incumbent re-election rates in Congress are regularly above 90%, a worrying trend as it suggests there is limited democratic accountability.
[1] Minge, David, ‘The Case Against Academic Earmarking’
[2] Henke, John, ‘Why Earmarks are a Problem’, 2008
[3] Heath, David and Bernton, Hal, ‘$4.5 million for a boat that nobody wanted’, 2007
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Appendix
Minge, David, ‘The Case Against Academic Earmarking’, http://www.aaas.org/spp/yearbook/2002/ch12.pdf, "if institutions rely on earmarking, they face the vagaries of the political process in a much more capricious way. They risk the loss of their political patron. Members of Congress and the Senate move on. Those institutions that depend on a 'sugar daddy' may face a period of drought when their patron leaves. Recently Senator John Kerry (D-NE) said that the University of Nebraska lost $30 million per year when he retired. Indeed, his decision was a sad moment for faculty and staff at that institution."
Henke, John, ‘Why Earmarks are a Problem’, 2008, http://www.qando.net/details.aspx?Entry=8092, “earmarks are the primary fulcrum for outside interests to corrupt the legislative process. Earmarks are the source of much of the undue power of individual Congressmen.”
"Earmarks aren’t just corruption bait, though. They are also an Incumbent Slush Fund, allowing politicians to spread the pelf around their State/District to secure votes and favor. Perhaps we should start counting them as de facto campaign contributions. That’s exactly how they are used."
Heath, David and Bernton, Hal, ‘$4.5 million for a boat that nobody wanted’, 2007, http://seattletimes.nwsource.com/html/nationworld/2003948586_favorfactory14m.html, “Earmarks are federal dollars that members of Congress dole out to favor seekers — often campaign donors. In the process, lawmakers advocate for the companies, helping them bypass the normal system of evaluation and competition. This can result in earmarks that are wasteful or potentially harmful. [...] This can result in earmarks that are wasteful or potentially harmful.
[...] People who benefit from earmarks generally give money to those who deliver them: Of the nearly 500 companies identified as getting 2007 defense earmarks, 78 percent had employees or political action committees who made campaign contributions to Congress in the past six years.
Though individual contributions are limited by law, people at companies that received defense earmarks gave lawmakers more than $47 million.
The 2,700 earmarks Congress put in the 2007 military spending bill cost $11.8 billion. The Pentagon didn't ask for the money in its budget and, because its budget is capped by law, cuts had to be made to find room for the favors.”
Imposing a ban on earmarking will destabilise congrerss
Point
There is very little chance of Congress ever being willing to give up on having earmarks for their constituency’s. If the ban is voluntary many will not comply and if the ban is mandatory it will need congress to agree to it in the first place. Even those who voice opposition to earmarks make use of the system so it would never pass.[1]
[1] Elander, Eugene, ‘So, what’s wrong with earmarks?’, 2009
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Counterpoint
A ban is perfectly possible and Congress has come close already, for example with the house banning earmarks to for profit companies.[1]
[1] Kane, Paul, ‘House bans earmarks to for-profit companies’, 2010
Improve this
Appendix
Elander, Eugene, ‘So, what’s wrong with earmarks?’, 2009, http://www.opednews.com/articles/So-what-s-wrong-with-earm-by-Eugene-Elander-090309-812.html, "One of the ironies in the anti-earmark position is that often its strongest advocates are among the first to demand funds for projects in their own Congressional districts. Tabulations of earmarks in recent legislation show little difference between the amounts of funds asked by anti-earmark and pro-earmark legislators. As the Chinese say, empty rice barrels make the most noise. We seem to have a lot of those barrels in Congress."
Voting Results
Bibliography
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