Contract with America

Not to be confused with the Contract from America, 2010.

The Contract with America was a document released by the United States Republican Party during the 1994 Congressional election campaign. Written by Larry Hunter, who was aided by Newt Gingrich, Robert Walker, Richard Armey, Bill Paxon, Tom DeLay, John Boehner and Jim Nussle, and in part using text from former President Ronald Reagan's 1985 State of the Union Address, the Contract detailed the actions the Republicans promised to take if they became the majority party in the United States House of Representatives for the first time in 40 years. Many of the Contract's policy ideas originated at The Heritage Foundation, a conservative think tank.^{[citation needed]}

The Contract with America was introduced six weeks before the 1994 Congressional election, the first mid-term election of President Bill Clinton's Administration, and was signed by all but two of the Republican members of the House and all of the Party's non-incumbent Republican Congressional candidates.

Proponents say the Contract was revolutionary in its commitment to offering specific legislation for a vote, describing in detail the precise plan of the Congressional Representatives, and marked the first time since 1918 that a Congressional election had been run broadly on a national level. Furthermore, its provisions represented the view of many conservative Republicans on the issues of shrinking the size of government, promoting lower taxes and greater entrepreneurial activity, and both tort reform and welfare reform.

When the Republicans gained a majority of seats in the 104th Congress, the Contract was seen as a triumph for Party leaders such as Minority Whip Newt Gingrich, Dick Armey, and for the American conservative movement.

Content of the Contract

The Contract's actual text included a list of eight reforms the Republicans promised to enact, and ten bills they promised to bring to floor debate and votes, if they were made the majority following the election.^{[citation needed]} During the crafting of the Contract, proposals were limited to "60% issues", i.e. legislation that polling showed garnered 60% support of the American people, intending for the Contract to avoid promises on controversial and divisive matters like abortion and school prayer.^[1] Reagan biographer Lou Cannon would characterize the Contract as having taken more than half of its text from Ronald Reagan's 1985 State of the Union Address.^{[citation needed]}

Government and Operational Reforms

On the first day of their majority in the House, the Republicans promised to pass eight major reforms:

1. require all laws that apply to the rest of the country also apply to Congress;
2. select a major, independent auditing firm to conduct a comprehensive audit of Congress for waste, fraud or abuse;
3. cut the number of House committees, and cut committee staff by one-third;
4. limit the terms of all committee chairs;
5. ban the casting of proxy votes in committee;
6. require committee meetings to be open to the public;
7. require a three-fifths majority vote to pass a tax increase;
8. guarantee an honest accounting of the Federal Budget by implementing zero base-line budgeting.

Major Policy Changes

During the first one hundred days of the 104th Congress, the Republicans pledged "to bring to the floor the following [ten] bills, each to be given a full and open debate, each to be given a clear and fair vote, and each to be immediately available for public inspection." The text of the proposed bills was included in the Contract, which was released prior to the election. These bills were not governmental operational reforms, as the previous promises were; rather, they represented significant changes to policy. The main included a balanced budget requirement, tax cuts for small businesses, families and seniors, term limits for legislators, social security reform, tort reform, and welfare reform.

Implementation of the Contract

The Contract had promised to bring to floor debate and votes 10 bills that would implement major reform of the Federal Government. When the 104th Congress assembled in January 1995, the Republican majority sought to implement the Contract.

In some cases (e.g. The National Security Restoration Act and The Personal Responsibility Act), the proposed bills were accomplished by a single act analogous to that which had been proposed in the Contract; in other cases (e.g. The Job Creation and Wage Enhancement Act), a proposed bill's provisions were split up across multiple acts. Most of the bills died in the Senate, except as noted below.

The Fiscal Responsibility Act

An amendment to the Constitution that would require a balanced budget unless sanctioned by a three-fifths vote in both houses of Congress (H.J.Res.1, passed by the US House Roll Call: 300-132, 1/26/95; rejected by the US Senate Roll Call: 65-35, 3/2/95, two-thirds required), and legislation (not an amendment) provide the president with a line-item veto (H.R.2, passed by the US House Roll Call: 294-134, 2/6/95; conferenced with S. 4 and enacted with substantial changes 4/9/96 [1]). The statute was ruled unconstitutional in Clinton v. City of New York, 524 U.S. 417, 118 S.Ct. 2091, 141 L.Ed.2d 393 (1998).

The Taking Back Our Streets Act

An anti-crime package including stronger truth in sentencing, "good faith" exclusionary rule exemptions (H.R.666 Exclusionary Rule Reform Act, passed US House Roll Call 289-142 2/8/95), death penalty provisions (H.R.729 Effective Death Penalty Act, passed US House Roll Call 297-132 2/8/95; similar provisions enacted under S. 735 [2], 4/24/96), funding prison construction (H.R.667 Violent Criminal Incarceration Act, passed US House Roll Call 265-156 2/10/95, rc#117) and additional law enforcement (H.R.728 Local Government Law Enforcement Block Grants Act, passed US House Roll Call 238-192 2/14/95).

The Personal Responsibility Act

An act to discourage illegitimacy and teen pregnancy by reforming and cutting cash welfare and related programs. This would be achieved by prohibiting welfare to mothers under 18 years of age, denying increased AFDC for additional children while on welfare, and enacting a two-years-and-out provision with work requirements to promote individual responsibility. H.R.4, the Family Self-Sufficiency Act, included provisions giving food vouchers to unwed mothers under 18 in lieu of cash AFDC benefits, denying cash AFDC benefits for additional children to people on AFDC, requiring recipients to participate in work programs after 2 years on AFDC, complete termination of AFDC payments after five years, and suspending driver and professional licenses of people who fail to pay child support. H.R.4, passed by the US House 234-199, 3/23/95, and passed by the US Senate 87-12, 9/19/95. The Act was vetoed by President Clinton, but the alternative Personal Responsibility and Work Opportunity Reconciliation Act which offered many of the same policies was enacted 8/22/96.

The American Dream Restoration Act

An act to create a $500-per-child tax credit, begin repeal of the marriage tax penalty, and creation of American Dream Savings Accounts to provide middle-class tax relief. H.R.1215, passed 246-188, 4/5/95.

The National Security Restoration Act

An act to prevent U.S. troops from serving under United Nations command unless the president determines it is necessary for the purposes of national security, to cut U.S. payments for UN peacekeeping operations, and to help establish guidelines for the voluntary integration of former Warsaw Pact nations into NATO. H.R.7, passed 241-181, 2/16/95.

The "Common Sense" Legal Reform Act

An act to institute "Loser pays" laws (H.R.988, passed 232-193, 3/7/95), limits on punitive damages and weakening of product-liability laws to prevent what the bill considered frivolous litigation (H.R.956, passed 265-161, 3/10/95; passed Senate 61-37, 5/11/95, vetoed by President Clinton [3]). Another tort reform bill, the Private Securities Litigation Reform Act was enacted in 1995 when Congress overrode a veto by Clinton.

The Job Creation and Wage Enhancement Act

A package of measures to act as small-business incentives: capital-gains cuts and indexation, neutral cost recovery, risk assessment/cost-benefit analysis, strengthening the Regulatory Flexibility Act and unfunded mandate reform to create jobs and raise worker wages. Although this was listed as a single bill in the Contract, its provisions ultimately made it to the House Floor as four bills:

• H.R.5, requiring federal funding for state spending mandated by Congressional action and estimated by the Congressional Budget Office to cost more than $50m per year (for the years of 1996-2002^[2]), was passed 360-74, 2/1/95. This bill was conferenced with S. 1 and enacted, 3/22/95 [4].
• H.R.450 required a moratorium on the implementation of Federal regulations until June 30, 1995, and was passed 276-146, 2/24/95. Companion Senate bill S. 219 passed by voice vote, 5/17/95, but the two bills never emerged from conference [5].
• H.R.925 required Federal compensation to be paid to property owners when Federal Government actions reduced the value of the property by 20% or more, and was passed 277-148, 3/3/95.
• H.R.926, passed 415-14 on 3/1/95, required Federal agencies to provide a cost-benefit analysis on any regulation costing $50m or more annually, to be signed off on by the Office of Management and Budget, and permitted small businesses to sue that agency if they believed the aforementioned analysis was performed inadequately or incorrectly.

The Citizen Legislature Act

An amendment to the Constitution that would have imposed 12-year term limits on members of the US Congress (i.e. six terms for Representatives, two terms for Senators). H.J.Res.73[6] rejected by the U.S. House 227-204 (a constitutional amendment requires a two-thirds majority, not a simple majority), 3/29/95; RC #277.

Other sections of the Contract

Other sections of the Contract include a proposed Family Reinforcement Act (tax incentives for adoption, strengthening the powers of parents in their children's education, stronger child pornography laws, and elderly dependent care tax credit) and the Senior Citizens Fairness Act (raise the Social Security earnings limit, repeal the 1993 tax hikes on Social Security benefits and provide tax incentives for private long-term care insurance).

Non-implementation of the Contract

A November 13, 2000 article by Edward H. Crane, president of the libertarian Cato Institute, stated, "... the combined budgets of the 95 major programs that the Contract with America promised to eliminate have increased by 13%."^[3] However, since the Contract only promised to "bring to the House Floor the following bills, each to be given full and open debate, each to be given a clear and fair vote and each to be immediately available this day for public inspection and scrutiny",^[4] the Contract did accomplish its promises, even if some bills failed in votes or fell to presidential vetoes.

Effects of the Contract

Some observers cite the Contract with America as having helped secure a decisive victory for the Republicans in the 1994 elections; others dispute this role, noting its late introduction into the campaign.^{[citation needed]} Whatever the role of the Contract, Republicans were elected to a majority of both houses of Congress for the first time since 1953, and several parts of the Contract were enacted. Some elements did not pass in Congress, while others were vetoed by, or substantially altered in negotiations with President Bill Clinton, who would later sarcastically refer to it as the "Contract on America."^[5][6]

As a blueprint for the policy of the new Congressional majority, Micklethwait & Wooldridge argue in The Right Nation that the Contract placed the Congress firmly back in the driver's seat of domestic government policy for most of the 104th Congress, and placed the Clinton White House firmly on the defensive.

George Mason University law professor David E. Bernstein has argued that the Contract "show[ed] . . . that [Congress took] federalism and limited national government seriously," and "undoubtedly made [the Supreme Court decision in United States v.] Lopez more viable."^[7]

See also

Conservatism portal

• Republican Revolution

Notes

1. ^ Heritage Foundation website.
2. ^ "Bill Summary & Status 104th Congress (1995 - 1996)". http://thomas.loc.gov/cgi-bin/bdquery/z?d104:HR00005:@@@L&summ2=m&. 
3. ^ On My Mind: GOP Pussycats Edward H. Crane, Forbes magazine, November 13, 2000
4. ^ "Republican Contract with America". http://www.house.gov/house/Contract/CONTRACT.html. 
5. ^ Wines, Michael (1994-10-25). "THE 1994 CAMPAIGN: THE PRESIDENT; Campaigning On Economy, Clinton Plays The Teacher". The New York Times (The New York Times Company). http://query.nytimes.com/gst/fullpage.html?res=9901E5DC143FF936A15753C1A962958260. Retrieved 2008-03-25. 
6. ^ "Luncheon address by President Bill Clinton". The American Society of Newspaper Editors. 2000-11-28. http://www.asne.org/kiosk/archive/convention/2000/clinton.htm. Retrieved 2008-03-25. 
7. ^ Bernstein, David (2010-12-16) Constitutional Doctrine and the Constitutionality of Health Care Reform, The Volokh Conspiracy

References

• Bader, John B. (1996). Taking the Initiative: Leadership Agendas in Congress and the "Contract with America". Washington, DC: Georgetown University Press. ISBN 087840628X. 
• Barnett, Timothy J. (1999). Legislative Learning: The 104th Republican Freshmen in the House. New York: Garland. ISBN 0203800370. 
• Killian, Linda (1998). The Freshmen: What Happened to the Republican Revolution?. Boulder, CO: Westview Press. ISBN 0813399513. 
• Koopman, Douglas L. (1996). Hostile Takeover: The House Republican Party, 1980-1995. Lanham, MD: Rowman & Littlefield. ISBN 0847681688. 
• Micklethwait, John & Wooldridge, Adrian (2004). The Right Nation: Conservative Power in America. New York: Penguin Press. ISBN 1594200203. 
• Pitney, John J., Jr.; Hamby, Alonzo L.; Charen, Mona; Murdock, Deroy & Pipes, Sally C. (1995). "100 Days That Shook the World? The Historical Significance of the Contract with America". Policy Review 73. http://www.hoover.org/publications/policyreview/3565422.html.  Conservative commentary.
• Rae, Nicol C. (1998). Conservative Reformers: The Republican Freshmen and the Lessons of the 104th Congress. Armonk, NY: M. E. Sharpe. ISBN 0765601281. 

Sources

• Text of the Contract, from the U.S. House website
• The Contract with America: Implementing New Ideas in the U.S., from the Heritage Foundation
• Beyond the Contract, criticism of the Contract from Mother Jones magazine