VoteKansas.org

Kansas Senator Sam Brownback is reportedly a fence-sitter on the pending vote to create an unconstitutional race-based government in Hawaii. So is Susan Collins...

Someone should remind Brownback that he is a conservative and a good man who reveres the constitution. People expect more of him than this.

A vote on the Federal Marriage Amendment in the Senate today failed to garner support of even a majority of the Senate today, failing 49-48.

UPDATE: From the AP:

WASHINGTON - A constitutional amendment to ban gay marriage went down to Senate defeat Wednesday, but supporters said that several new votes for the measure represent progress that gives the GOP’s base reason to vote on Election Day.

Supporters failed to get the 60 votes required for the measure to survive a test vote. Had it survived, a two-thirds majority in both houses of Congress would have been required to send an amendment to the states. It then would have had to be ratified by at least 38 state legislatures.

But they took solace in the fact that the idea received several new votes from Republican freshmen elected after the amendment received its last vote in 2004.

UPDATE: Republicans who joined Democrats in voting against the amendment included Sens. John McCain (R-AZ), John Sununu (R-NH), Olympia Snowe (R-ME), Susan Collins (R-ME), Arlen Specter (R-PA), Judd Gregg (R-NH) and Lincoln Chafee (R-RI).

Chuck Hagel (R-NE) skipped the vote. 

Drudge today is linking to a Washington Times piece on the Akaka bill to create a race-based government.

From the article:

Hawaii Sen. Daniel K. Akaka thinks Hawaiians should be allowed to govern themselves as Native Americans and Alaskans do, and after seven years of pushing a bill to start the process, the Senate is expected to take it up this week.

Mr. Akaka says the bill is a way to give "indigenous" Hawaiians a sense of pride and a chance for sovereignty for the first time since 1893, when Queen Liliuokalani was deposed and lands were illegally seized by U.S. Marines and a cadre of sugar-plantation businessmen.

More:

The bill calls for an Office of Native Hawaiian Relations in the Department of the Interior, and a Native Hawaiian Interagency Coordinating Group to administer programs, a commission that would certify who are indigenous Hawaiians, and provides a process of reorganization of the Native Hawaiian governing entity.

"The bill will not authorize gaming in Hawaii. The bill will not allow private lands to be taken. The bill will not create a reservation in Hawaii," Mr. Akaka said.

But, according to Senate sources, at least one Republican Senator approached the bill's supporters including Hawaiian Governor Linda Lingle to talk about the gambling issue. The supporters of the bill were asked to clarify that this would not lead to gambling in Hawaii but Lingle expressly declined that request.

A vote on the unconstitutional Native Hawaiian Government Reorganization Act is expected tomorrow evening.

If Senate conservatives overcome the odds this Thursday and invoke cloture on the Death Tax Repeal bill not only will the unjust and excessively punitive death tax be on the fast track to repeal, but a vote on the race-based creation of a new Native Hawaiian government will be delayed.

The Senate schedule currently calls for the consideration of the Akaka bill after the consideration of Death Tax repeal. If conservatives break a Democratic filibuster against the Death Tax Repeal the Senate will be forced to debate the Death Tax for an extended period of time -- leaving opponents of race-based governing more time to garner the necessary votes to kill the Akaka bill.

As reported below, opponents of Akaka are close...but I think need more time.

Word on the Hill is that some of those opponents will organize a press conference tomorrow to help rally the troops. Will it be too little too late? I hope not.

UPDATE: The presser is a go:

WASHINGTON—U.S. Sens. John Cornyn (R-Texas) and Lamar Alexander (R-Tenn.) will hold a press conference on Wednesday, June 7 in S-219, the Capitol, to discuss their opposition to legislation that would create a racially-separate government for native Hawaiians living across the United States, the Native Hawaiian Government Reorganization Act of 2005, S. 147.

Sens. Cornyn and Alexander will be joined by native Hawaiians who are in Washington to express their opposition to the legislation, and the Chairman of the U.S. Commission on Civil Rights, Gerald A. Reynolds. WHAT: U.S. Sens. John Cornyn and Lamar Alexander hold press conference with native Hawaiians and Chairman of U.S. Civil Rights Commission to oppose Native Hawaiians Bill

WHEN: Wednesday, June 7 2:00 p.m.

The House Democratic Steering Committee is meeting today to consider whether or not to strip Rep. William Jefferson of his Committee slot.

UPDATE: Newt Gingrich says it is time to strip Jefferson of his Ways and Means Committee Post: 

As someone who led the pledge in the Contract with America for members of Congress to abide by the same laws as the rest of us, I have been following the case of Rep. William Jefferson (D-La.) with growing concern. The time has come for the House leadership to make clear that, in protesting the FBI's raid on Jefferson's congressional office, they are protecting the Constitution, not protecting corruption.

Nothing would send this message with more clarity than to move this week to strip Rep. Jefferson of his position on the powerful Ways and Means Committee. Simultaneously, the House Ethics Committee should begin proceedings leading to the possible expulsion of Jefferson from Congress. The Ethics Committee also should ask the Justice Department to cooperate in this effort to protect the House from corruption, and the Justice Department should agree. Like all of us, Rep. Jefferson has the presumption of innocence, and he should be allowed to defend himself. But as a member of the U.S. House of Representatives, he should be notified by leadership that if he fails to cooperate in timely manner to House actions, the House will protect its institutional integrity from behavior unbecoming of a member and intolerable to the People's House by moving to expel Jefferson.

A Senate vote on cloture on the motion to proceed to the Native Hawaiian bill is likely to occur this Thursday. Opponents of race-based governing need 41 votes to deny cloture and therefore kill the bill.

Various hill sources confirm that opponents of the Akaka bill have absolutely no idea how that vote will resolve itself. This is one of those rare instances in the Senate where the outcome of a scheduled vote is all but certain. According to one Senate source, opponents of race-based governing may be as close as one vote shy of the requisite 41 votes. That figure should be enough to get conservatives cranking on all cylinders in order to apply the necessary pressure to the U.S. Senate.

Newt Gingrich gives kudos to the Mike Pence immigration reform plan in his latest Human Events column:

I hope the House will take a serious look at Rep. Pence's thoughtful and pragmatic approach to solving this issue.

As mentioned yesterday, the Senate this week is casting politically explosive votes. Two on items generally favored by conservatives, and one on the unconstitutional Native Hawaiian Government Reorganization Act.

The Hill reports:

The Senate will vote this week on cutting off debate on a constitutional amendment to ban same-sex marriages, an issue conservatives have clamored for since the 2004 election. It will also vote to quash a potential filibuster of the estate-tax repeal, another high priority for conservatives.

But Frist has also brought a skunk to what otherwise would be a conservative garden party by also scheduling the Native Hawaiian Government Reorganization Act, sponsored by Democratic Sen. Daniel Akaka (Hawaii).

More: 

Aides to conservative senators say they are discussing ways to tie the bill up on the floor, possibly by offering anti-abortion amendments. But, nevertheless the bill has a good chance of passing, and if it does it will likely be with the support of almost every Senate Democrat and a minority of the Senate Republican Conference.

If conservative GOP senators such as Lamar Alexander (Tenn.), Jeff Sessions (Ala.), John Ensign (Nev.), Tom Coburn (Okla.) and John Cornyn (Texas) square off against the Hawaii bill, as they are expected to, it would be the second time in a month that the conservative heart of the Senate GOP conference has rebelled against a bill Frist has brought to the floor. Passage would begin to establish a trend in which bills pass the Senate floor with overwhelming Democratic support and the backing of few Republicans.

“Frist is the leader of what may be a Republican majority but isn’t a conservative majority,” said Michael Franc, vice president of government relations for the Heritage Foundation.

As we have seen, Franc is right. This is indeed a disturbing trend. 

Alabama Senator Jeff Sessions today has a must read Op-Ed in the Washington Post:

The death tax hits hardest at heirs of small-business owners and family farmers. In many cases, the heirs cannot afford to pay the tax and are forced to downsize, lay off employees or even sell their business or farm.

There can be no doubt that closely held family businesses that are growing and beginning to compete with the big guys are often devastated by the tax. I believe the death tax is a major factor in business consolidation and loss of competition.

This tax hurts the growth of minority-owned businesses. As the first generation of African American millionaires begins to die, many of the companies they founded will have to be sold to pay the estate taxes. For example, the tax almost forced the oldest African American-owned newspaper -- the Chicago Daily Defender -- out of business.

Also pay close attention to Andy Roth's blogging as this issue plays out on the Senate floor this week.

This afternoon, when the Senate gavelled in from its week long recess, Senate Minority Leader Harry Reid used a parliamentary procedure to hold up the completion of the immigration reform bill.

Given the terrible mess the Senate passed bill is in, this will not make too many conservatives unhappy.

Neverthless, Reid took advantage of the fact that the Senate bill is not in compliance with the constitutional rule that all revenue bills must originate in the House. The Senate bill contains tax revenue positions, and as such faces a "blue slip" in the House -- a process where the House denies the Senate-passed bill for the aformentioned reason.

GOP Senate leadership had hoped to fix the problem by attaching the immigration bill to a earlier passed House revenue bill and then sending it back to the House. When Senate Whip Mitch McConnell asked unanimous consent to do that today, Reid objected insisting that Democrats would want to amend that House passed bill.

McConnell pointed out that all the amendments that Dems wanted to attach to that bill could be attached to the pending Death Tax Repeal bill. 

This tactic fits in well with the idea that Reid wants to kill the immigration reform bill because he thinks Republicans will suffer in November if they fail to pass any bill. 

The Senate this week will be a political powder keg. At least three contentious votes have been scheduled.

First, the Senate will revisit SJ Res. 1, the Federal Marriage Amendment. Of course, this resolution will not come close to passage, but it will provide the Senate the opportunity to debate the measure.

Also scheduled are votes on the repeal of the death tax and the creation of race-based governing. I expect those two votes to be cast close together. Unfortunately, pro-death tax liberals in the Senate look to have the numbers needed to filibuster the elimination of an unfair federal tax on small businesses and families.

Adding insult to injury, proponents of race-based governing at this point have a leg up on Senators who revere the Constitution and oppose this nonsense. The Senate vote on this matter is not on final passage. It is a vote on a motion to proceed to the bill. If, as feared, that vote is approved, the Senate could be on the Native Hawaiian bill for the better part of next week. That being said, if I am the Senate Majority Leader I would want to get this embarrasing anti-constitutional bill off the floor as soon as possible so as not to compound the PR damage.

Also on the horizon in the Senate -- possibly next week -- is a vote on a flag burning amendment.

To be certain, there are many highly charged political votes upcoming. But it does not look as though conservatives will be winning many of them. I hope I am wrong. 

Mary Katharine Ham today asks the simple question; "Did anybody ask the Hawaiians?"

In her column Mary Katharine talks to grassroots Hawaiians who are agitating for a voter referendum on the Akaka bill which would create the first ever race-based government here in the United States. These Hawaiians know that if the people of Hawaii are given a vote on this issue they will dispatch this nonsense with ease.

From my column last week:

A poll commissioned by the Grassroot Institute of Hawaii showed that by a 2 to 1 margin respondents were against Congress approving the Akaka bill. The poll also showed Hawaiians overwhelmingly want to vote on the measure in a referendum before Congress considers the bill. But the push for a Hawaiian referendum on the Akaka bill is stymied by a Hawaiian law that says any such referendum must be generated by the state legislature.

Grassroots opponents of the Akaka bill in Hawaii say this state law prevents the majority of Hawaiians from making their voice heard on the issue because large institutions backing Akaka have too much influence over members of the state legislature. As such, the fight will have to be fought on the floor of the United States Senate where Akaka has much more support than he does in his own state.

That floor fight will take place in the Senate this week. It's time for Senators to stop paying attention to back room dealing and collegial back slapping and pay attention to the Constitution.

UPDATE: John Fund writes:

Despite all this, the Akaka bill is at least an even bet to win a Senate majority this week. Democrats, who long ago bought into racial spoils politics, are largely on board. The Bush administration has chosen to remain neutral. Linda Lingle, who in 2002 became Hawaii's first Republican governor in 40 years, is convinced the bill is will help her party win over Hawaiian voters. She has been remarkably successful in convincing some GOP senators, such as Lindsey Graham of South Carolina and Norm Coleman of Minnesota, that the bill is benign. The Office of Hawaiian Affairs, a quasi-state agency, has spent lavishly on a snow job for senators, including its hiring of the top lobbying firm of Patton Boggs.

But the Akaka bill is not just another special-interest boondoggle. It too important not to have senators give it the most exacting scrutiny. Creating a race-based government in Hawaii would create a dangerous precedent that could lead to ethnic balkanization on the mainland too.

Robert Novak says next week's Senate vote on the Akaka bill won't even be close:

Paid conservative lobbyists have helped grease the way for passage in the Senate this week of the long-pending bill, opposed by the Bush administration, that would give Native Hawaiians the same status as mainland Indian tribes.

A report boosting the bill was written by two Bush administration alumni: former Assistant Attorney General Viet Dinh and former White House aide H. Christopher Bartolomucci. Also lobbying for the measure have been Chuck Cooper, an assistant attorney general in the Reagan administration, and Ben Ginsberg, a longtime lawyer representing the Republican Party. All have been hired by the Office of Hawaiian Affairs, a quasi-government entity.

The bill is expected to glide through the Senate, with foes unable to collect the 41 votes needed for a filibuster. But prospects in the House are uncertain.

Well done National Review:

Send-a-brick.com, a group dedicated to securing the borders has been sending bricks to Senate offices to prove a point during the immigration debate. As the above pic of a Mel Martinez staffer illustrates, they seem to be doing a good job. Pretty soon the Martinez office will have their very own brick patio.

UPDATE: A friend on the hill tells me that the Senate Superintendent's office has collected over 1800 bricks from Senators' offices. Here is an email the Superintendent's office sent to Senators: 

John at Powerline explains:

Procedurally, the Times says that any member of the House can introduce a "blue-slip resolution" to return the defective bill to the Senate. While the account is unclear, it sounds as if the bill's return is automatic if a Congressman objects

Majority Leader Bill Frist says there is an easy fix: attach the Senate bill to a revenue measure that has already passed the House. That would work, but Harry Reid refuses to go along. He says the constitutional objection is "technical in nature" and should simply be ignored. So, as we suspected, John McCain isn't the only Senator who views the Constitution as optional.

Speaking of unconstitutional congressional acts, there is this and this.  

Michael Barone provides his usual thoughtful analysis here regarding the Mike Pence immigration reform plan. Pence's plan provides border security and a private sector administered guest worker program sans legalization:

Private worker placement agencies that we could call "Ellis Island Centers" will be licensed by the federal government to match willing guest workers with jobs in America that employers cannot fill with American workers. U.S. employers will engage the private agencies and request guest workers. In a matter of days, the private agencies will match guest workers with jobs, perform a health screening, fingerprint them and provide the appropriate information to the FBI and Homeland Security so that a background check can be performed, and provide the guest worker with a visa granted by the State Department. The visa will be issued only outside of the United States.

Pence's proposal has no legalization provisions.

Interestingly, House Judiciary Committee Chairman James Sensenbrenner, who will dominate the House members in conference committee, says he is absolutely against any legalization proposal, but would consider a guest worker plan. This suggests that the Pence/Krieble proposal, or something like it, could emerge from conference committee.

Barone goes on to express some discomfort with the idea of guest worker programs that do not lead to citizenship: 

The United States has always held out the prospect of citizenship to legal immigrants, with the single exception of the 1943-64 Bracero Program (which granted temporary legal status to migratory Mexican farm laborers), and that prospect has helped to stimulate assimilation.

But he concedes that there are "some good arguments for guest workers" and that there are some attractive provisions in Pence's plan:

I like the way that Pence/Krieble uses private sector contractors. Government, alas, is not very good at using information technology, and CIS (formerly INS) has been one of the least effective government bureaucracies.

Read more here.