Jeb Bush presidential campaign, 2016/Federalism
From Ballotpedia
Ballotpedia's scope changes periodically, and this article type is no longer actively created or maintained. It may also contain neutrality issues.
Jeb Bush |
Former governor of Florida (1999-2007) |
2028 • 2024 • 2020 • 2016 |
This page was current as of the 2016 election.
Judiciary
- Bush said on February 18, 2016, that he would nominate a new Supreme Court justice if he were in President Obama’s position, but said that in this “divisive” political climate, it would be “unlikely that the Senate would provide the necessary consent for that nomination.” He added that his own Supreme Court pick would “not aspire to legislate from the bench.” His comments come after Supreme Court justice Antonin Scalia passed away on February 13, 2016. Senate Republicans have said that the seat should be filled by the next president, not President Obama.[2]
- Jeb Bush said during the Republican presidential debate on February 13, 2016, that President Barack Obama "has every right to nominate Supreme Court justices. I'm an Article II guy in the Constitution. ... We want a strong executive for sure. But in return for that, there should be a consensus orientation on that nomination, and there's no doubt in my mind that Barack Obama will not have a consensus pick when he submits that person to the Senate." Commenting on what type of nominee should be put forward, Bush described "someone with a proven conservative record, similar to Justice Scalia, that is a lover of liberty, that believes in limited government, that consistently applied that kind of philosophy, that didn't try to legislator from the bench, that was respectful of the Constitution."[3]
- Bush also released the following statement, in part, on February 13, 2016: "Justice Scalia was a brilliant defender of the rule of law–his logic and wit were unparalleled, and his decisions were models of clarity and good sense. I often said he was my favorite justice, because he took the Constitution, and the responsibility of judges to interpret it correctly, with the utmost seriousness. Now it is up to all of us to fight for the principles Justice Scalia espoused and carry forth his legacy."[4]
- At the ninth Republican presidential primary debate on February 13, 2016, Bush discussed whether he would have a litmus test for a U.S. Supreme Court nominee: “Not on specific issues, not at all. I think the next president -- if I'm president, I will appoint people -- I'll nominate people that have a proven record in the judiciary. The problem in the past has been we have appointed people thinking you can get it through the Senate because they didn't have a record. And the problem is that sometimes we're surprised. The simple fact is the next president needs to appoint someone with a proven conservative record, similar to Justice Scalia, that is a lover of liberty, that believes in limited government, that consistently applied that kind of philosophy, that didn't try to legislator from the bench, that was respectful of the Constitution. And then fight and fight, and fight for that nomination to make sure that that nomination passes. Of course, the president, by the way, has every right to nominate Supreme Court justices. I'm an Article II guy in the Constitution. We're running for the president of the United States. We want a strong executive for sure. But in return for that, there should be a consensus orientation on that nomination, and there's no doubt in my mind that Barack Obama will not have a consensus pick when he submits that person to the Senate.”[5]
- On January 24, 2016, Bush detailed his commitment to appointing conservative federal judges. He wrote, “In my view, the federal courts have a vital but limited role in our national life. Their job is not to second-guess laws or to substitute their own judgment for the provisions of the Constitution. It is to apply the laws as written, and follow the Constitution above all. … As president, I will search for nominees who agree with this job description—nominees in the mold of such Justices as Samuel Alito, Antonin Scalia, and Clarence Thomas—and I will fight for their confirmation.”[6]
- Bush wrote an op-ed for Fox News.com on December 9, 2015, detailing his proposal to restore states’ rights. He pledged to veto legislation that “exceeds federal authority,” nominate judges who believe in “the Constitution’s limits on federal authority,” reform the regulatory process to return power to the states, and permit states “to enforce laws that promote the goals of federal immigration law without allowing states to create their own immigration regimes.”[7]
- When asked at a December 1, 2015, campaign event in Iowa about his effort as governor to save Terri Schiavo’s life, Bush said, "I can assure you, this was a very, very difficult time and it breaks my heart I was not successful.” He added that he did everything that he could legally do, noting the importance of respecting the Constitution. He said, "You better be serious about that. Rule of law in this country continues to be something that keeps us extraordinary and exceptional."[8]
- When asked on NBC’s Meet the Press, November 1, 2015, if he would adopt a litmus test for potential Supreme Court nominees, Jeb Bush said, “I don't believe in litmus tests, but I'm going to make sure that my appointments to the Supreme Court would have a consistent proven record of judicial restraint.” He added, “I would ask deep questions about judicial philosophy, and then make sure that the person had a proven record. I think the lessons of the last few years is that you've got to fight for your candidates that you nominate, and they ought to have a clear, consistent record so that you have a higher assurance they're not going to wander off.”[9]
- According to the Tampa Bay Times, "Former Gov. Bush had appointed 22 black judges up to this point in his tenure, including Peggy Quince, the first black female justice on the Supreme Court, a choice he approved along with Democratic Gov. Lawton Chiles, days before Chiles died in 1998."[10]
- In the 2004 case of Terri Schiavo, the Florida woman who’s husband wanted to remove her feeding tube, "the Florida Supreme Court ruled that the law letting the governor order her feeding tube reinserted violated the separation of powers guaranteed by the state's Constitution," according to The New York Times. A spokesperson for Bush said, "The governor was disappointed in the ruling, and his prayers go out to Terri's family. At the same time, the governor respects the role of the judicial branch on issues such as this and the rule of law. And he recognizes the Florida Supreme Court is the final arbiter on state laws, and as such recognizes that the options before us may be limited."[11]
First Amendment to the U.S. Constitution
- In a radio interview in September 2015, Jeb Bush said the Washington Redskins should not be required to change their name. “I don’t think politicians ought to be having any say about that, to be honest with you. I don’t find it offensive. Native American tribes generally don’t find it offensive,” Bush added. Daniel Snyder, the team’s owner, contributed $100,000 to a super PAC backing Bush in July 2015.[12]
- Speaking of the Kentucky county clerk who refused to issue marriage licenses to same-sex couples, Bush said on September 3, 2015, “[She] is sworn to uphold the law and it seems to me there ought to be common ground, there ought to be big enough space for her to act on her conscience and for, now that the law is the law of the land, for a gay couple to be married in whatever jurisdiction that is.”[13]
- During a July 2015 campaign stop in South Carolina, Bush said decisions regarding Confederacy-related names and symbols, like changing the name of a local high school sports team from the Rebels, “ought to be sorted out at the local level.”[14]
Religious Freedom Restoration Act (RFRA)
- During a March 30 interview on The Hugh Hewitt Show, Jeb Bush commented on Indiana's Religious Freedom Restoration Act. He said, "I think if you, if they actually got briefed on the law that they wouldn’t be blasting this law. I think Governor Pence has done the right thing. Florida has a law like this. Bill Clinton signed a law like this at the federal level. This is simply allowing people of faith space to be able to express their beliefs, to have, to be able to be people of conscience. I just think once the facts are established, people aren’t going to see this as discriminatory at all."[15]
Second Amendment to the U.S. Constitution
- On February 16, 2016, Jeb Bush tweeted a photo of a gun with his name engraved on it. The tweet said: "America." Bush later explained the tweet, saying, "The purpose was we went to a gun manufacturing facility where lots of jobs are created, high-wage jobs. And I received a gun and I was honored to have it." Bush visited “FN Manufacturing, a high-security firearm company in Columbia, South Carolina,” according to CNN.[16]
- During the sixth Republican presidential primary debate, on January 14, 2016, Jeb Bush discussed how to help prevent mass shootings. He said, “The first impulse of Barack Obama and Hillary Clinton is to take rights away from law- abiding citizens. That's what they do, whether it's the San Bernardino, Calif. attack or if it's these tragedies that take place, I think we need to focus on what the bigger issue is. It isn't law-abiding gun owners. Look, I have an A plus rating in the NRA [National Rifle Association] and we also have a reduction in gun violence because in Florida, if you commit a crime with a gun, you're going away. You're going away for a long, long while. And that's what we should focus on is the violence in our communities. Target the efforts for people that are committing crimes with guns, and if you do that, and get it right, you're going to be much better off than creating a political argument where there's a big divide. The other issue is mental health. That's a serious issue that we could work on. Republicans and Democrats alike believe this. The president's first impulse is do this by executive order, power he doesn't have. Why not go to Congress and in a bipartisan way, begin to deal with the process of mental health issues so that people that are spiraling out of control because of mental health challenges don't have access to guns.”[17]
- On January 12, 2016, Bush announced his “Sportsmen's Coalition" advisory committee. According to a statement from Bush’s campaign, the group, which is made up of officials from government, agriculture, and wildlife departments, “will help spread Jeb’s message about the importance of hunting and fishing traditions and protecting the second Amendment for law-abiding citizens."[18]
- Speaking about President Obama's “call for enhanced background checks,” Bush said January 5, 2016, that Obama’s plan to prevent gun violence "shows an utter disregard for the Second Amendment as well as the proper constitutional process for making laws in our nation."[19]
- On January 3, 2016, Bush told Fox News' Fox News Sunday, that he opposed Obama’s proposed executive action regarding gun control. He said, “His first impulse always is to take rights away from law-abiding citizens, and it’s wrong. And to use executive powers he doesn’t have is a pattern that is quite dangerous.”[20]
- Bush wrote an op-ed in The Iowa Republican on November 30, 2015, to defend gun ownership rights under the Second Amendment. “In Florida, we made it easier to obtain concealed weapon permits for law-abiding citizens. We provided free hunting licenses to military personnel and I signed into law a package of bills that the [National Rile Association] called the Six Pack of Freedom. I believed then, as I do know, that the Second Amendment is the original Homeland Security Act. Law-abiding citizens should have the right to protect themselves from criminals, at home and in their communities,” he wrote.[21]
- Bush argued on October 7, 2015, that gun control regulations do not prevent mass shootings. He said, “Name a case where gun rights being restricted out of Washington would have changed the course of any of those cases. The bigger problem right now is we have people that are, have growing despair, are isolated from society, that are disconnected from the rest of us, and spiral out of control and then commit these atrocious acts of violence and in many cases commit suicide."[22]
- During the September 2015 GOP debate, Bush stated that he supported confiscation of weapons if the gun possessor was mentally disturbed, as long as there was a hearing. “I think there needs to be a hearing, but the fact is, we need to encourage that kind of involvement. That's -- that's exactly what we need to do,” said Bush. He also said that he supported state laws mandating background checks and conceal carry license laws over federal gun control laws.[23]
- In an unaired clip from Bush’s interview with Stephen Colbert in September 2015, Bush suggested he supported expanding firearm background checks. “In Florida, where I was governor, we have a requirement of background checks, a 72-hour waiting period. We’re not violating any Second Amendment rights. In fact, Florida would be considered a Second Amendment, pro-gun state. Gun violence is way down. But we have simple checks to make sure that people that aren’t criminals are not accessing guns. … I think the next step is to figure out ways to make sure that we know if people have mental health issues, which is really the common denominator of a lot of these violent, tragic cases where people aren’t getting access to mental health and we don’t even know if they have real issues,” Bush said.[24]
- Bush spoke about gun control issues at a Miami high school on September 1, 2015. He said, “The federal government shouldn't be involved in gun laws because the country's very different.” He went on to illustrate his point by pointing to the variety of cultures and social settings that exist in America which, according to Bush, ultimately require different gun laws and modes of governing. The Democratic National Committee tweeted this criticism of the statements: “Bush saying the federal government shouldn't be involved in gun laws is so extreme we need to show you the video.” In addition, DNC Chairwoman Debbie Wasserman Schultz said, “In claiming that there is no role for the federal government in regulating gun safety, Jeb Bush is insisting that Americans simply must accept future violence and leave a response to the possibility of a state-by-state solution. I am speechless.” Hillary Clinton also criticized his remarks on Twitter.[25][26]
- In 2005, Bush signed Florida Statute 776.013(3), also known as the “Stand your Ground” bill, into law. Bush called the bill "a good, common-sense, anticrime issue."[27]
- In 1999, Bush signed SB 954, which allowed non-residents of Florida to carry a concealed weapon, if the individual was permitted to carry a concealed weapon in another state.[28]
Crime and justice
- In an interview with The Des Moines Register editorial board on January 13, 2016, Jeb Bush expressed support for Justice Department investigations of police conduct where there was “overt discrimination,” but noted that such investigations can increase tensions between police officers and community members.[29]
- Bush, who appeared at a drug addiction and prevention forum in New Hampshire on January 5, 2016, announced the day before that he would seek to limit “pill mills” offering excessive prescriptions for pain medication and increase access to drug courts. Bush also called for increasing penalties against drug traffickers and violent drug offenders, increasing security along the U.S.-Mexico border and ending duplication of treatment programs across federal agencies.[30] He also talked about his daughter’s drug addiction. He said, “What I learned was that the pain that you feel when you have a loved one who has addiction challenges and kind of spirals out of control is something that is shared with a whole lot of people.” He added, “For dealers, they ought to be put away forever as far as I’m concerned. But users — I think we have to be a second-chance country.”[31]
- In an interview with Christianity Today published on December 2, 2015, Bush admitted it was a “struggle” to balance his Catholic faith and his support for capital punishment. “I’ve tried to explain it but sometimes in life it’s not an either/or—it’s not so simple. We’re always confronted with challenges where one’s values come into conflict and this was a perfect case of that. I was very uncomfortable signing death warrants, but I think it was because it was the law, number one. Number two, I think because I met families that, in their minds, justice was being denied by the delays. They could not get closure in their lives until the death penalty was complete and was executed.”[32]
- According to the American Bar Association, after former President George W. Bush "launched his Faith-Based and Community Initiatives in 2001," Bush "opened faith-based prisons" in Florida.[33]
- In 2000, Bush signed SB 10-A, a bill which states that "a death sentence shall be executed by electrocution at the election of the person sentenced to death who shall be executed by lethal injection if he or she waives that election."[34]
Black Lives Matter movement
- Jeb Bush was asked if O'Malley should have apologized for saying "all lives matter" when confronted by Black Lives Matter activists in July 2015. Bush said, “No, for crying out loud, no. We’re so uptight and so politically correct now that we apologize for saying lives matter? Life is precious. It’s a gift from God. I mean, I frankly think it’s one of the most important values that we have. I know in the political context it’s a slogan, I guess. Should he have apologized, no? If he believes that white lives matter, which I hope he does, then he shouldn’t apologize to a group that seems to disagree with it.”[35][36]
- On August 13, 2015, Bush became the first 2016 Republican presidential candidate to be the target of a protest by Black Lives Matter activists.[37] During a town hall event in Las Vegas, Nevada, activists began to chant "black lives matter" after Bush answered a question about racial inequality.[3] Bush ended the event shortly after without making a closing statement.[38]
- Allie Brandenburger, a spokeswoman for Bush, claimed he had met with Black Lives Matter activists prior to the town hall. "Gov. Bush listened to the group and they discussed barriers to upward mobility in this country, and ways to overcome them as a community by starting to get a few things right in government," Brandenburger said.[3]
- The Huffington Post reported on August 14, 2015, that Bush had not spoken with any Black Lives Matter activists that day. Kevin Hooks, the president of the Las Vegas Urban League, said that he set up a meeting in which Bush "met with a local elected official, a GOP lobbyist and a staffer from an anti-poverty organization."[39]
Territories
- During the seventh Republican presidential primary debate on January 28, 2016, Jeb Bush discussed whether Americans should bail out Puerto Rico: “No, they shouldn't. And I believe that Puerto Rico ought to have the right of self-determination. If I was a Puerto Rican, I'd vote for statehood so that they have full citizenship. They serve in the military. They would have to pay federal taxes. They would -- they would accept the responsibilities of full U.S. citizenship. But they should have the right of determine -- self-determination. Before you get to that, though, Puerto Rico is going to have to deal with the structural problems they face. You know, it's -- it's a fact that if you can pay for a $79 one-way ticket to Orlando, and you can escape the challenges of a declining economy and high crime rates, you move to Orlando. And a lot of people are doing that. And the spiraling out-of- control requires Puerto Rico to make structural reforms. The federal government can play a role in allowing them to do that, but they should not -- the process of statehood or the status of Puerto Rico won't be solved until we get to the bigger issue of how you deal with the structural economic problems they're facing right now.”[40]
- On July 27, 2015, Jeb Bush advocated for debt relief for Puerto Rico. "I think we ought to have structured recasting of their debt and structured recasting of their social obligations," Bush said. He also noted he supported statehood for the island but only after its financial crisis had beeb been resolved.[41]
Recent news
This section links to a Google news search for the term Jeb + Bush + Government
See also
Footnotes
- ↑ [http://www.nytimes.com/2016/02/21/us/politics/jeb-bush.html?_r=0 The New York Times, " Jeb Bush Bows Out of Campaign, Humbled and Outgunned," February 20, 2016]
- ↑ Talking Points Memo, "Bush Says If He Were President Today, He'd 'Probably' Name Scalia Successor," February 18, 2016
- ↑ 3.0 3.1 3.2 The Washington Post, "'Black Lives Matter’ activists, Jeb Bush meet face-to-face," August 13, 2015
- ↑ Jeb Bush for President, "Governor Jeb Bush’s Statement in Response to the Death of Justice Antonin Scalia," February 13, 2016
- ↑ The Washington Post, "The CBS News Republican debate transcript, annotated," February 13, 2016
- ↑ National Review, "Jeb Bush: Don’t Forget About Judges," January 24, 2016
- ↑ Fox News.com, "Jeb Bush: My plan for restoring Federalism," December 9, 2015
- ↑ NBC News, "Jeb Bush Focuses on Everything But Iowa Two Months Before Caucus," December 1, 2015
- ↑ NBC News, "Meet the Press Transcript - November 1, 2015," November 1, 2015
- ↑ Tampa Bay Times, "Florida Gov. Rick Scott appointing fewer black judges than predecessors," September 14, 2014
- ↑ New York Times, "Feed-Tube Law Is Struck Down in Florida Case," September 24, 2004
- ↑ ABC News, "Jeb Bush on Washington Redskins Team Name: ‘I Don’t Think It Should Change,’" September 30, 2015
- ↑ NBC News, "Jeb Bush Seeks Middle Ground on Clerk's Same-Sex Marriage Stand," September 3, 2015
- ↑ The State, "Bush weighs in on ‘Rebel’ controversy on campaign swing through Spartanburg," July 23, 2015
- ↑ YouTube.com, "Jeb Bush strongly supports Religious Freedom Restoration Act," accessed April 16, 2015
- ↑ CNN Politics, "Jeb Bush's pitch to South Carolina: A gun with his name on it," February 17, 2016
- ↑ The Washington Post, "6th Republican debate transcript, annotated: Who said what and what it meant," January 14, 2016
- ↑ USA Today, "Jeb Bush touts 'Sportsmen's Coalition' for gun rights," January 12, 2016
- ↑ USA Today, "Republican 2016 candidates bash Obama's gun plan," January 5, 2016
- ↑ The Blaze, "Jeb Bush: Obama’s ‘First Impulse Always is to Take Away Rights From Law-Abiding Citizens’," January 3, 2016
- ↑ The Iowa Republican, "A Clear Choice on the Second Amendment," November 30, 2015
- ↑ CBS News, "Jeb Bush speaks out about gun laws, GOP race," October 7, 2015
- ↑ CNN, "CNN REAGAN LIBRARY DEBATE: Later Debate Full Transcript," September 16, 2015
- ↑ ThinkProgress', "Jeb Bush Admits Background Checks Prevent Gun Violence, But Doesn’t Support Their Expansion," September 9, 2015
- ↑ CNN Politics, "Jeb Bush: The federal government shouldn't make new gun laws," September 1, 2015
- ↑ The Blaze, "Debbie Wasserman Schultz: Jeb Bush and Republicans Are ‘Excusing’ Murders as Price of Second Amendment," September 1, 2015
- ↑ Tampa Bay Times, "Five years since Florida enacted "stand-your-ground" law, justifiable homicides are up," accessed February 20, 2015
- ↑ Florida State Senate, "Senate Staff Analysis and Economic Impact Statement," March 10, 1999
- ↑ ABC News, "Bush Sweeps Aside Police Violence to Discuss Black-on-Black Crime," January 13, 2016
- ↑ The Washington Post, "Jeb Bush’s drug control proposal calls for ‘dedicated parents,’ better access to drug courts," January 5, 2016
- ↑ The New York Times, "Jeb Bush Drops Guard to Share Family Account of Addiction," January 5, 2016
- ↑ Christianity Today, December 2, 2015
- ↑ American Bar Association, "The Faith Based Initiative: Compassion in Action," accessed November 14, 2014
- ↑ Florida State Senate, "Senate Staff Analysis and Economic Impact Statement," January 5, 2000
- ↑ Politico, "Jeb Bush: Martin O'Malley shouldn't have apologized for saying 'all lives matter,'" July 23, 2015
- ↑ YouTube, "Jeb Bush in NH on Black Lives Matter 7.23.15," July 23, 2015
- ↑ Politico, "Black Lives Matter protesters target Jeb Bush," August 13, 2015
- ↑ Los Angeles Times, "In Nevada, Jeb Bush rally interrupted by Black Lives Matter demonstrators," August 12, 2015
- ↑ The Huffington Post, "Here's What Really Happened In Jeb Bush's Private 'Black Lives Matter' Meeting," August 14, 2015
- ↑ The Washington Post, "7th Republican debate transcript, annotated: Who said what and what it meant," January 28, 2016
- ↑ Orlando Sentinel, "Jeb Bush calls for financial help for Puerto Rico," July 27, 2015