A total of thirty votes from 2005 and 2006 were used to score the current members of the House of Representatives on their views of civil liberties, social rights, and some defense related aspects of foreign policy. Originally, the plan was to combine the fifteen social votes from the previous 2005 scorecard with fifteen additional votes from the 2006 year. The 2005 scorecard included votes on the Patriot Act, Terri Schiavo, the Real ID Act, free speech, and the War on Drugs. However, following some reflections sparked by observations on the Republican Liberty Caucus's scorecard, I decided to modify some of the votes from 2005.

At this time, the Republican Liberty Caucus only has a scorecard with votes from 2005. Among the votes on personal liberty, the RLC scorecard takes the opposite position on a vote than the original Freedom Democrats scorecard on two issues: The Child Interstate Abortion Notification Act and the caps on damages awarded in medical malpractice lawsuits. The two scorecards agreed on both the vote and the position in seven other situations, which is out of fifteen votes for the Freedom Democrats scorecard and twenty votes for the RLC scorecard. In another vote, on the Real ID Act, I selected the final passage while the RLC scorecard used the motion to recommit. Where I included both the original passage of the Patriot Act Renewal and the conference report, the RLC scorecard only has the original passage. Other differences can be seen by comparing the original Freedom Democrats scorecard and the RLC's scorecard.

I decided that in a move of libertarian fellowship, I would drop from my scorecard the two votes where Clifford Thies, the compiler of the RLC, and I disagree. While it may be possible for libertarians to disagree on the best way to deal with the issue of abortion, I stand by my belief that the libertarian position was a vote against caps on medical malpractice lawsuits. For the legislature to intervene and place restrictions on an American citizen's rights in the court room is a slippery slope. This is why I also oppose granting special legal protection to gun makers and the fast food industry. Even when I disagree with a lawsuit, I firmly believe that American citizens have a right to make their case to a jury of their peers. Restricting one's right to go to court is a dangerous precedent.

To replace the Child Interstate Abortion Notification Act, I selected another abortion related vote from the RLC scorecard: an amendment by Congresswoman Davis of California to allow privately funded abortion on overseas military bases. I believe that even with disagreement over the issue of abortion, this is a clear libertarian position. To replace the medical malpractice caps, I went with a vote reducing funding for a South American counter-drug program.

I also dropped the inclusion in my own scorecard on the National Defense Authorization Act, which I originally included as a vote against the "stay the course" policies of the Bush Administration. I feel that by including other votes on foreign policy I could still represent the same spirit of the vote. It was replaced by a vote from the RLC scorecard on an amendment from Congressman DeFazio to prohibit funding of military action against so-called "rouge nations" without congressional approval.

Because the motion to recommit the Real ID Act was closer than the actual defeat of the Act, I decided to switch it in for this scorecard because it represented a more viable position. At the time of the original scorecard, I wanted to place a special emphasis on opposing the Patriot Act and I included it twice. In an attempt to broaden the scorecard, I replace the vote on the conference report of the Patriot Act with a vote on preventing the funding of the Cuban travel restrictions, which I borrowed from the RLC scorecard.

At the end of these changes, the RLC scorecard and the Freedom Democrats scorecard agree on twelve votes (out of fifteen for Freedom Democrats and twenty for the RLC) included from 2005 in the personal liberty category. Of the remaining eight votes from the RLC scorecard, I repeat my disagreement with the two related to interstate abortions and medical malpractice lawsuits. In other situations, I was not convinced that the vote had a clearly libertarian position or that it was salient in today's political debates. But by trying to find common ground with the RLC scorecard, I hope that this is a good first step toward building consensus on important issues in the libertarian community online.

Clifford Thies was contacted in an attempt to coordinate the votes for 2006, but he did not respond. The votes to score members on their support of issues of personal freedom were selected by myself with input from other bloggers at Freedom Democrats.

The scorecard was only conducted for members of Congress who were in office for the entire 109th Congress; members who left or entered Congress were not included on the scorecard. Dennis Hastert, Speaker of the House, does not traditionally vote and was also excluded. The score assigned to each member of the House was based on how often they voted with the scorecard out of the thirty possible votes. Below is a summary of all of the votes used:

Vote 1- REAL ID Act, H.R. 418. On February 10, 2005, a motion to recommit the REAL ID Act with instructions to add additional safeguards to civil liberties failed by a vote of 195 to 229. The scorecard's position is a vote in favor of the motion to recommit.

Vote 2- Broadcast Decency Enforcement Act, H.R. 310. On February 16, 2005 the House passed the Broadcast Decency Enforcement Act by a vote of 389 to 38. The act increased penalties for broadcasters who violate decency standards. This blatant attempt at censorship was opposed by the scorecard.

Vote 3- Terri Schiavo, S. 686. On March 21, 2005, the House voted to intervene in the medical decision concerning Terri Schiavo. By a vote of 203 to 58, the House passed legislation that transferred the case of Terri Schiavo directly to the federal courts. The scorecard is strongly opposed to this intervention in a personal matter.

Vote 4- Death Penalty and Mandatory Minimums, H.R. 1279. The House passed on May 11, 2005 the “Gang Deterrence and Community Protection Act” by a vote of 279 to 144. The act expanded the federal death penalty and created more mandatory minimum sentences. The scorecard opposes in particular the practice of the legislature taking away powers from the judiciary by imposing these restrictions on sentencing.

Vote 5- Tancredo Amendment on Homeland Security, H.R. 2360. Congressman Tom Tancredo offered an amendment on May 17, 2005 to the Homeland Security appropriations bill that would prevent funds from going to state and local governments that refused to share information with the federal government. The amendment was rejected by a vote of 258 to 165 and the scorecard supports the House’s rejection of this attempt to blackmail the other levels of government into submission.

Vote 6- Davis Amendment on Abortions, H.R. 1815. Congresswoman Davis of California introduced an amendment on May 25, 2005, to allow privately funded abortions on overseas military bases. Even with the debate within libertarianism on the funding of abortions, this vote is clearly something that all sides can agree on supporting. It was defeated 194 to 233.

Vote 7- Woosley Amendment on Iraq, H.R. 1815. Congresswoman Lynn Woosley introduced an amendment to express the sense of the Congress that the President ought to develop a plan of withdrawing from Iraq on May 25, 2005. Congress rejected this amendment by a vote of 300 to 128. The scorecard supports all efforts by legislators to enforce the President to formulate an exit strategy for Iraq.

Vote 8- Good Amendment on Border Security, H.R. 1815. On May 25, 2005, Congressman Virgil Goode introduced an amendment to the defense authorization bill that would authorize the use of the armed forces of the United States in border security. The amendment passed by a vote of 245 to 184. The militarization of the border is a worrying trend for liberty and freedom in America and the scorecard opposes it.

Vote 9- Hinchey Amendment on Medical Marijuana, H.R. 2862. On June 15, 2005, Congressman Maurice Hinchey introduced an amendment that would prevent the Justice Department from conducting raids and other measures against medical marijuana patients in states that had approved the practice. The House rejected this amendment in a vote of 161 to 264. The scorecard’s position is in favor of the amendment.

Vote 10- DeFazio of Amendment on Congressional War Powers, H.R. 2863. Congressman DeFazio introduced this amendment to prohibit funding of military action against so-called "rogue nations" without congressional approval. It was defeated on June 20, 2005, 136 to 280. A vote in support of the DeFazio amendment is the position favored by the scorecard.

Vote 11- Flag Desecration Amendment, H.J.R. 10. An amendment prohibiting the physical destruction of the American flag was proposed and voted on by the House on June 22, 2005. It failed to meet the two-thirds requirement with a vote of only 286 to 130. A vote against the amendment was the position taken by the scorecard because of the near idolatry of those who back such an amendment and seek to restrict free speech through an amendment.

Vote 12- McGovern Amendment on the International War on Drugs, H.R. 3057. This amendment, which would have reduced funding for the Andean Counterdrug Initiative in South America, was offered by Congressman McGovern on June 28, 2005. It went down to defeat by a vote of 189 to 234. Opposed to the War on Drugs, the scorecard supports the McGovern Amendment.

Vote 13- Davis Amendment on Cuban Travel, H.R. 3058. Congressmen Davis of Florida introduced this amendment to prohibit funding of the travel restrictions placed on those wishing to visit Cuba to visit their families. It was defeated 208 to 211 on June 30, 2005. The position of the scorecard is in support of ths Davis Amendment.

Vote 14- PATRIOT Act Reauthorization, House Passage, H.R. 3199. On July 21, 2005, the House voted 257 to 171 in favor of the passage of H.R. 3199, which would reauthorize the PATRIOT Act. The renewal of this act without first addressing the strong concerns about invasions of privacy was strongly opposed by the scorecard. The scorecard's position is against passage of the bill.

Vote 15- Online Freedom of Speech Act, H.R. 1606. The Online Freedom of Speech Act would have excluded the Internet from the definition of "public communication" in the Bipartisan Campaign Finance Reform Act of 2002. This would protect ‘blogs’ from potential regulation by the FEC. On November 2, 2005 the House voted on a motion to suspend the rules and pass the act. It fell short of the necessary number of votes, two-thirds, by a vote of 225 to 182. A "yes" vote was the position supported by the scorecard.

Vote 16- Paul Amendment on the Drug Czar, H.R. 2829. This amendment from Congressman Ron Paul would have eliminated the White House's Office of National Drug Control Policy, the so-called "Drug Czar," over the next five years. The House rejected the Amendment 85 to 322 on March 9, 2006. The scorecard's position is in support of the Paul Amendment.

Vote 17- 527 Reform Act, H.R. 513. On April 5, 2006, the House of Representatives narrowly passed additional restrictions on 527s by a vote of 218 to 209. The scorecard is opposed to this move to stifle political free speech.

Vote 18- Lobbying Accountability and Transparency Act, H.R. 4975. Additional restrictions to political free speech dressed up as "reform" were passed on May 3, 2006, by a vote of 217 to 213. Opposition to the passage of this so-called "reform" bill was supported by the scorecard.

Vote 19- Tierney Amendment on Missile Defense, H.R. 5122. On May 11, 2006, Congressman Tierney offered an amendment to limit funding for the unproven Missile Defense Agency. Although defeated 124 to 301, the scorecard supports attempts limit our missile defense system to proven technology and avoid unnecessary militarization of space.

Vote 20- McGovern Amendment on the "School of the Americas," H.R. 5522. The United States government has little reason to train the military officers of other nations, especially when the graduate have a track record of promoting tyranny and oppression in their home countries. This amendment by Congressman McGovern would have cut funding for the renamed "Western Hemisphere Institute for Security." It was defeated 188 to 218 on June 9, 2006. The scorecard's position is in favor of the McGovern amendment.

Vote 21- Neoconservative Foreign Policy, H.Res. 861. On June 16, 2006, the Republican Congress passed a resolution 256 to 153 that reaffirmed its support of the Iraq War and praised the Bush Administration for its "successes." The scorecard opposes such rhetoric detached from reality.

Vote 22- Schiff Amendment on Electronic Surveillance, H. R. 5631. Congressman Schiff offered an amendment on June 20, 2006, to prohibit funding of electronic surveillance not authorized by FISA, the the Foreign Intelligence Surveillance Act. It was defeated 209 to 219. The scorecard is opposed to warrantless wiretaps and supports the Schiff Amendment.

Vote 23- King Amendment on Iraqi Military Bases, H.R. 5631. An attempt by Congressman King to remove language from H.R. 5631 that prohibited funding of permanent military bases in Iraq was defeated 50 to 376 on June 20, 2006. The scorecard's position is a "no" vote against the King Amendment.

Vote 24- Hinchey Amendment on Iran, H.R. 5631 On June 20, 2006, Congressman Hinchey offered an amendment that would prohibit funding of military actions against Iran without Congressional approval. It was defeated 158 to 262. A "yes" vote was favored by the scorecard.

Vote 25- Voting Rights Act Renewal, H.R. 9. Despite attempts by Southern conservatives to block its passage, the Voting Rights Act Renewal was passed 390 to 33 on July 13, 2006. The scorecard supports efforts to protect the rights of American citizens in this democratic process, as authorized by the 14th, 15th, 19th, 24th, and 26th Amendments.

Vote 26- Anti-Gay Marriage Amendment, H.J.Res. 88. The scorecard opposes this attempt to write in hatred and intolerance into the United States Constitution. It fell short of the two-thirds necessary to pass on July 18, 2006. The vote was 236 to 187.

Vote 27- Pledge Protection Act, H.R. 2389. This attempt to restrict the rule of the judiciary to hear cases involving the Pledge of Allegiance was viewed as an attack on the system of checks and balances. The scorecard's position is against the passage of the act. It passed 260 to 167 on July 19, 2006.

Vote 28- Mt. Soledad Veterans Memorial, H.R. 5683. This bill authorized the federal government to purchase the Mt. Soledad Veterans Memorial in San Diego following a California Supreme Court ruling that the display of the cross on public property constituted a violation of the separation of church and state. This attempt to circumvent the rulings of a state supreme court in a state issue was opposed by the scorecard. It passed on July 19, 2006 with a vote of 349 to 74.

Vote 29- Disaster Recovery Personal Protection Act of 2006, H.R. 5013 On July 25, 2006, the House passed an act to prohibit the confiscation of firearms following national emergencies such as Katrina. The scorecard strongly supports this protection of the 2nd Amendment, which passed 322 to 99.

Vote 30- Berman Amendment on Indian Nuclear Deal, H.R. 5682. The House rejected an amendment from Congressman Berman on July 26, 2006 by a vote of 184 to 241. The United States and India Nuclear Cooperation Promotion Act gave large concessions to India without requiring that they agree to mandatory moratoriums on weapons testing and fissile material production. The scorecard supports the Berman Amendment, which would have restricted the exportation of nuclear reactor fuel until India had halted the production of fissile materials.

It is interesting to note that in the twelve votes where this scorecard overlaps with the RLC's scorecard, the average score for the Democrats is about 68% and the average score for the Republicans is about 12%. With my three additional votes there isn't much change; about 66% for the Dems and 12% for the GOP. But when you look at the results from the RLC's 2005 scorecard, they produce an overall average based on all twenty votes of 51% for the Democrats and 39% for the Republicans. I view this strong shift as support for my belief that several of the RLC votes are questionable and tilt the scorecard toward conservative Republicans who do not really value personal freedoms.

No one scored a perfect score, William Lacy Clay of Missouri came the closest with a score of 96.67% (29 out of 30). On the other hand, no one scored an absolutely imperfect score, the lowest score was Charles Norwood of Georgia with a score of 3.33% (1 out of 30). Based on the total scorecard of thirty votes, the average score for the Democrats is 70.65% and the average for the Republicans is 18.43%. This gap of over fifty points is just another sign of the polarizing culture war in today's political arena. The average for the Republicans is about the same as voting with the scorecard in six votes out of thirty, while the average for the Democrats is about twenty-one out of thirty. The graphic below illustrates how Congress and the two parties are divided on these votes.

Not a single Democrat scored lower than the Republican average; the lowest scoring Democrats were Jim Marshall of Georgia, Jim Barrow of Georgia, Dan Boren of Oklahoma, and Bud Cramer of Alabama with scores of 30%. Only one Republican scored higher than the Democratic average; Ron Paul of Texas had a score of 80%. Only four other Republicans had scores of 50% or more, they were Wayne Gilchrest of Maryland, Walter Jones of North Carolina, Jeff Flake of Arizona, and James Leach of Iowa. Eighteen Democrats had scores below 50% in addition to the four already mentioned.

The breakdown of the scorecard can be found here in Excel. I'm sorry if you don't like Excel, but I crash my computer every time I try to put it into Word. The economic aspect is discussed at another page, as are the overall findings of the scorecard.