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Profile: Michael Shumway (“Mike”) Lee

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Michael Shumway (“Mike”) Lee was a participant or observer in the following events:

US Senator Mike Lee (R-UT) posts a video on his YouTube channel in which he declares federal child labor laws “unconstitutional.” Lee says: “Congress decided it wanted to prohibit [child labor], so it passed a law—no more child labor. The Supreme Court heard a challenge to that and the Supreme Court decided a case in 1918 called Hammer v. Dagenhardt. In that case, the Supreme Court acknowledged something very interesting—that, as reprehensible as child labor is, and as much as it ought to be abandoned—that’s something that has to be done by state legislators, not by members of Congress.… This may sound harsh, but it was designed to be that way. It was designed to be a little bit harsh. Not because we like harshness for the sake of harshness, but because we like a clean division of power, so that everybody understands whose job it is to regulate what. Now, we got rid of child labor, notwithstanding this case. So the entire world did not implode as a result of that ruling.” Think Progress reporter Ian Millhiser calls Lee’s interpretation flawed. The Constitution gives Congress the power “[t]o regulate commerce… among the several states [and to] make all Laws which shall be necessary and proper for carrying into Execution” this power to regulate commerce. This provision has been upheld in many Court cases. Lee failed to note that in 1941, the Court unanimously overruled Hammer v. Daggenhardt in United States v. Darby. Moreover, Millhiser notes, child labor exploitation did not stop until Congress placed strict limits on it in the Fair Labor Standards Act of 1938, a law upheld by United States v. Darby. [Think Progress, 1/31/2011] Senate Republicans will give Lee a seat on the Senate Judiciary Committee, which works with constitutional interpretation. Lee has also declared Social Security, Medicare, the Federal Emergency Management Agency (FEMA), the Food and Drug Administration (FDA), food stamps, and income assistance to the poor all unconstitutional. [Think Progress, 1/27/2011]

Entity Tags: Ian Millhiser, US Supreme Court, Michael Shumway (“Mike”) Lee, Senate Judiciary Committee

Timeline Tags: Civil Liberties, Global Economic Crises

After President Obama exhorts Congress to pass his jobs legislation package, which he calls the “American Jobs Act of 2011,” during his address to a joint session on September 8, some Republican lawmakers note that no legislator has officially submitted the bill and thusly there is no legislation to pass. Representative Louis Gohmert (R-TX) submits his own quickly written “American Jobs Act of 2011” hours before a Democratic House member can submit Obama’s 155-page, $447 billion legislative package. Gohmert’s bill is two pages long and would “amend the Internal Revenue Code of 1986 to repeal the corporate income tax.” Gohmert issues a press release that reads: “We have heard a lot of rhetoric about job creation from President Obama over the last several days. After waiting to see what the president would actually put into legislative language, and then waiting to see if anybody would actually introduce the president’s bill in the House, today I took the initiative and introduced the ‘American Jobs Act of 2011.’ It is a very simple bill, which will eliminate the corporate tax which serves as a tariff that our American companies pay on goods they produce here in America. This bill will actually create jobs in America. Right now, American manufacturing jobs are shipped overseas. What is really insidious about this tax is that corporate taxes are paid by the consumer—built in to the cost of the good or service. Corporate taxes are paid for by people in the form of lower wages to American workers and less money paid out in dividends in everything from 401K retirement accounts and to those who would risk their capital in business ventures. This type of capital investment is where jobs come from. Unlike President Obama’s bill, which clocks in at 155 pages, the ‘American Jobs Act’ is only two pages. The American people want to see jobs and economic growth and this bill guarantees that outcome. America would instantly become a safe haven for businesses resulting in an explosion in revenue increases. If we really want to create jobs and grow the economy, we must pass ‘The American Jobs Act’ now.” [Daily Caller, 9/14/2011; Louis Gohmert, 9/14/2011; Los Angeles Times, 9/15/2011] Gohmert objects to a provision in the Obama legislative package which would forbid employers from discriminating against unemployed workers, accusing Obama of trying to create a “new protected class” of Americans and saying that the point of the anti-discrimination language would be to give “trial lawyers… 14 million new clients.” The National Employment Law Project (NELP) says that Gohmert is wrong in his accusations, and that the legislation “would not make employment status a protected class like race or sex,” but “simply bans hiring discrimination against the jobless.” Employer discrimination against unemployed job applicants is well-documented and on the rise, according to NELP. [Huffington Post, 8/11/2011; Huffington Post, 9/14/2011] Kirsten Boyd Johnson of the satirical political news Web site Wonkette calls Gohmert’s legislation “childish,” and says that, according to recent polls, Americans largely blame Congressional Republicans for, as she writes, “destroying America with their petulant refusal to govern like a dignified body of elected lawmakers in favor of running around like naughty children stealing other peoples’ homework.” Bloomberg News, which reports on the polling, quotes retired New York citizen Ray DiPietro as saying: “I’ve been a registered Republican for 50 years or more, but I don’t like what they are doing. [Republicans] are more concerned about getting Obama out of office than with making things right.” DiPietro says he receives emails on a daily basis from Republicans who denigrate Obama and “tear him apart, and that’s no way for grownups to talk.” Indianapolis Republican Nicole Olin agrees, saying: “I do put the majority of the blame on the Republicans, because they seem to be the least willing to give up anything. Just because a majority votes you in doesn’t mean you don’t have to compromise in one way, shape, or form to make sure you do what’s good for everyone.” Senator Mike Lee (R-UT) warns of the dangers of taking any set of polls in “isolation,” and says the poll result “highlights a broad dissatisfaction among the American people with the way their government has been operating.” [Wonkette, 9/15/2011; Bloomberg, 9/15/2011] David Weigel of Slate writes that Gohmert “prank[ed]” the White House in submitting his legislation, which has no real chance of ever being enacted. Although House Democrats have not yet formally submitted the actual American Jobs Act, it has been posted online by the Obama administration. [Slate, 9/12/2011; Slate, 9/15/2011] Democrats can submit the bill under its original title, as House rules do not forbid two separate pieces of legislation having the same name, though as Los Angeles Times reporter James Oliphant notes, “[I]t could result in a lot of Democrats and Republicans shouting on the floor about two different bills.” [Los Angeles Times, 9/15/2011] In the past, Gohmert has accused the Obama administration of orchestrating the deaths of “one in five” Americans through its health care legislation (see July 16, 2009), of implementing “eugenics” and creating Nazi-like “youth brigades” (see July 24, 2009), and of lying about the likelihood that failing to raise the debt ceiling would lower the nation’s credit rating (see July 13, 2011).

Entity Tags: Kirsten Boyd Johnson, Obama administration, Nicole Olin, Louis Gohmert, Michael Shumway (“Mike”) Lee, James Oliphant, National Employment Law Project, David Weigel, US House of Representatives, Barack Obama, Bloomberg News, Ray DiPietro, US Congress

Timeline Tags: Global Economic Crises, Domestic Propaganda

Senator Mike Lee (R-UT).Senator Mike Lee (R-UT). [Source: Gabe Skidmore / Telestial State (.com)]Senator Mike Lee (R-UT)‘s “leadership PAC,” the Constitutional Conservatives Fund PAC (CCFPAC), writes to the Federal Election Commission (FEC) to ask for permission to collect unlimited contributions from corporations, labor unions, and individual donors for independent spending on behalf of other candidates. So-called “leadership PACs” are political committees set up and run by members of Congress, and other elected officials, to allow them to make contributions to other candidates and spend money on their behalf. It is a well-established method for Congressional members to build influence within their parties. The CCFPAC’s lawyers argue that there is no danger of other candidates being corrupted, because CCFPAC’s spending to help candidates get elected (or to attack their opponents) will be independent of those candidates. The request cites the controversial Citizens United Supreme Court decision (see January 21, 2010) that allowed corporations and labor unions to spend unlimited amounts in independent expenditures on behalf of candidates. Law professor Richard Hasen will argue that such a contention—that a candidate will not be corrupted because the spending on his or her behalf—is specious, and moreover, another danger exists, that of the corruption of the head(s) of the leadership PAC. He will write, “Corporations or labor unions (acting through other organizations to shield their identity from public view) could give unlimited sums to an elected official’s leadership PAC, which could then be used for the official to yield influence with others.” Any member of Congress could use his or her leadership PAC to effectively become the fundraising arm of their party, Hasen will write, merely by funneling all the money through that leadership PAC. Hasen argues that the McCain-Feingold ban on such “soft money” collections (see March 27, 2002) was not set aside by Citizens United, though he will cite a single sentence of the majority opinion in that decision as being a possible means of giving the CCFPAC request a veneer of legal justification: “We now conclude that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.” That sentence, Hasen will argue, “which denies the reality that large independent spending favoring a candidate can sometimes corrupt or create the appearance of corruption, looks like it may doom those soft-money rules too. The result of all this is that federal campaign finance law is unraveling even faster than pessimists expected after Citizens United.” [PAC, 10/17/2011 pdf file; Slate, 10/25/2011] Think Progress legal analyst Ian Millhiser will agree with Hasen, writing that “[i]n essence, Lee just sought permission to set up his own slush fund, powered by unlimited corporate donors, and use this slush fund to buy influence with his fellow lawmakers by running ads in their districts.… So Lee’s idea is that corporate CEOs, Wall Street tycoons, and other well-moneyed interests can show up at his office and turn over completely unlimited amounts of funds. Lee can then buy new friends in Washington and in state governments by channeling these corporate funds to an army of grateful politicians. And the more money corporate America gives him, the more powerful Lee becomes—and the more he owes this new found power to his brand new corporate sugar daddies.” [Think Progress, 10/26/2011]

Entity Tags: Richard L. Hasen, Federal Election Commission, Ian Millhiser, Michael Shumway (“Mike”) Lee, Constitutional Conservatives Fund PAC

Timeline Tags: Civil Liberties

The Federal Election Commission (FEC) unanimously rejects a petition by Senator Mike Lee (R-UT) for him to be allowed to head his own “super PAC” (see March 26, 2010). Lee’s “leadership PAC,” the Constitutional Conservatives Fund PAC (CCFPAC), had requested permission from the FEC to turn itself into a PAC capable of accepting donations directly from corporations and unions (see October 17, 2011). Previously, the FEC had released a draft opinion opposing the request, but Lee’s lawyer Dan Backer had said he felt the FEC would approve the request. Lee spokesperson Brian Phillips calls the decision “a head-scratcher.” Backer and Lee had counted on the controversial Citizens United Supreme Court decision (see January 21, 2010) that allowed corporations and labor unions to spend unlimited amounts in independent expenditures on behalf of candidates, and essentially say that if corporations and unions can run super PACs, politicians should be able to do so as well. They argued that because the law bars Lee from spending the money on his own reelection efforts, and because he is willing to pledge that he would not personally solicit large donations, the FEC should grant the request. The draft opinion said that Lee’s request violates campaign finance law that expressly prohibits elected officials from being associated with a political entity that collects money beyond the legal limits (see March 27, 2002), and the unanimous decision echoes that finding. A PAC such as the CCFPAC is limited to collecting $5,000 per person per year and is banned entirely from accepting corporate donations. Lee, a “tea party” favorite, would have been the first politician in the country to have his own super PAC. Commissioner Donald McGahn, the most conservative commissioner and an opponent of most campaign finance laws, told Lee and his legal team: “Your argument essentially does away with contribution limits. It’s well beyond what we do here and well beyond what I do here, which is saying something.” McGahn says he agrees that the government should not discriminate when applying regulations on independent expenditures, but that the statute and regulations clearly limit contributions to members of Congress to protect against corruption or the appearance of corruption. Lee’s office says that letting Lee run a super PAC of his own would actually increase transparency and accountability. Lee may yet appeal the decision to the Supreme Court. [Salt Lake Tribune, 11/24/2011; Think Progress, 11/28/2011; Deseret News, 12/1/2011]

Entity Tags: Federal Election Commission, Brian Phillips, Constitutional Conservatives Fund PAC, Donald McGahn, Michael Shumway (“Mike”) Lee

Timeline Tags: Civil Liberties

Uranium mine near the rim of the Grand Canyon.Uranium mine near the rim of the Grand Canyon. [Source: Intercontinental Cry (.com)]The Obama administration bans hard-rock mining on more than a million acres in and around the Grand Canyon, an area rich in high-grade uranium ore reserves. The ban is for 20 years. Environmental groups and some Democratic lawmakers have worked for years to limit mining near the Grand Canyon National Park. Representative Edward Markey (D-MA), the ranking member of the House Natural Resources Committee, says, “When families travel to see the Grand Canyon, they have a right to expect that the only glow they will see will come from the sun setting over the rim of this natural wonder, and not from the radioactive contamination that comes from uranium mining.” Interior Secretary Ken Salazar, who has twice imposed temporary bans on mining claims, says: “A withdrawal is the right approach for this priceless American landscape. People from all over the country and around the world come to visit the Grand Canyon. Numerous American Indian tribes regard this magnificent icon as a sacred place, and millions of people in the Colorado River Basin depend on the river for drinking water [and] irrigation.” The basin is already considered one of the nation’s most endangered waterways, and mining operations could use vast amounts of the area’s water and taint much more. The ban reverses a Bush administration decision to open the area to new mining claims; environmentalists have long pointed to the damage wrought to the area by uranium, oil, and gas mining under the Bush administration’s policies.
Mining Poses High Risks to Environment, Tourism - One in 12 Americans gets some or all of their water from the Colorado River Basin, including the residents of Phoenix and Los Angeles, and the area generates about $3.5 billion in annual income, largely from tourism. In contrast, the mining ban will mean that 465 prospective jobs will not materialize, and the area will lose some $16.6 million in annual tax revenue from mining. Supporters of the ban say that the jobs that would come from mining in the area would not be worth the risk to the river basin and the canyon, and a mining mishap would be potentially devastating for tourism. Many of the area’s lands are considered sacred by Native American tribes, and the lands support a vast number of wildlife habitats. Taylor McKinnon of the Center for Biological Diversity says that uranium mining in the area would critically despoil the area, ruin millions of Americans’ access to fresh water, and cut, not increase, job revenues. McKinnon says: “The real economic engine in northern Arizona is not uranium mining. It’s tourism. To jeopardize our economic engine with more toxic uranium mining is unacceptable.” In 2008, former Bureau of Land Management Director Jim Baca said flatly: “Without [the Colorado], there is no Western United States. If it becomes unusable, you move the entire Western United States out of any sort of economic position for growth.” [ProPublica, 12/21/2008; Associated Press, 1/9/2012]
Republicans Criticize Ban - Some Congressional Republicans and mining industry groups call the decision indefensible, saying it will cost hundreds of jobs and deprive the nation of a much-needed energy resource. Senator John McCain (R-AZ) calls the ban a “devastating blow to job creation in northern Arizona,” and says the ban was “fueled by an emotional public relations campaign pitting the public’s love for the Grand Canyon against a modern form of low-impact mining that occurs many miles from the canyon walls.” He says that modern mining techniques will not add toxins to water drawn from the river basin. Other Republicans cite a mining industry study that claims even a severe mining accident would increase uranium levels in the Colorado River by an undetectable amount. Representative Rob Bishop (R-UT) says: “It is unconscionable that the administration has yet again caved to political pressure from radical special interest groups rather than standing up for the American people. Banning access to the most uranium-rich land in the United States will be overwhelmingly detrimental to both jobs in Utah and Arizona and our nation’s domestic energy security.” Senator John Barrasso (R-WY) calls the ban part of the Obama administration’s “war on western jobs.” Senator Mike Lee (R-UT), a tea party supporter, says: “This administration has proven incapable of using even the slightest bit of common sense when it comes to lands policy. The American people are desperate for jobs, and our domestic energy industry provides some of the best paying jobs in the western states. However, the president and Interior Secretary Salazar are intent on appeasing their friends in the extreme left wing of the environmentalist movement during an election year by locking up as much land as possible, regardless of the negative effects on our economy. For energy production that has long been safe and responsible, the announcement represents a needless overreaction to a fictitious problem.” [Senator John McCain, 1/9/2012; Senator John McCain, 1/9/2012] In 2008, the Environmental Protection Agency noted that mining had contaminated 40 percent of the streams and rivers in the western United States, and mining was considered the single most polluting industry in the nation. [ProPublica, 12/21/2008] Many of the claims now blocked from development belong to foreign interests, including Rosatom, Russia’s state atomic energy corporation, and South Korea’s state-owned utility. [PR Newswire, 6/7/2011]

Entity Tags: Michael Shumway (“Mike”) Lee, Jim Baca, Environmental Protection Agency, Edward Markey, John Barrasso, Ken Salazar, Rosatom, Rob Bishop, Obama administration, Taylor McKinnon, John McCain

Timeline Tags: US Environmental Record

The Republican National Committee (RNC) files a court brief calling the federal ban on direct corporate donations to candidates unconstitutional, and demanding it be overturned. Such direct donations are one of the few restrictions remaining on wealthy candidates wishing to influence elections after the 2010 Citizens United decision (see January 21, 2010). The brief is in essence an appeal of a 2011 decision refusing to allow such direct donations (see May 26, 2011 and After). The RNC case echoes a request from Senator Mike Lee (R-UT) that he be allowed to form and direct his own super PAC (see November 23, 2011), and recent remarks by Republican presidential frontrunner Mitt Romney (R-MA) calling for donors to be allowed to contribute unlimited amounts to candidates (see December 21, 2011). The RNC brief claims: “Most corporations are not large entities waiting to flood the political system with contributions to curry influence. Most corporations are small businesses. As the Court noted in Citizens United, ‘more than 75 percent of corporations whose income is taxed under federal law have less than $1 million in receipts per year,’ while ‘96 percent of the 3 million businesses that belong to the US Chamber of Commerce have fewer than 100 employees.’ While the concept of corporate contributions evokes images of organizations like Exxon or Halliburton, with large numbers of shareholders and large corporate treasuries, the reality is that most corporations in the United States are small businesses more akin to a neighborhood store. Yet § 441b does not distinguish between these different types of entities; under § 441b, a corporation is a corporation. As such, it is over-inclusive.” Think Progress legal analyst Ian Millhiser says the RNC is attempting to refocus the discussion about corporate contributions onto “mom and pop stores” and away from large, wealthy corporations willing to donate millions to candidates’ campaigns. If the court finds in favor of the RNC, Millhiser writes: “it will effectively destroy any limits on the amount of money wealthy individuals or corporation[s] can give to candidates. In most states, all that is necessary to form a new corporation is to file the right paperwork in the appropriate government office. Moreover, nothing prevents one corporation from owning another corporation. For this reason, a Wall Street tycoon who wanted to give as much as a billion dollars to fund a campaign could do so simply by creating a series of shell corporations that exist for the sole purpose of evading the ban on massive dollar donations to candidates” (see October 30, 2011). [United States of America v. Danielcytk and Biagi, 1/10/2012 pdf file; Think Progress, 1/11/2012] The RNC made a similar attempt in 2010, in the aftermath of Citizens United; the Supreme Court refused to hear an appeal of its rejection. [New York Times, 5/3/2010; Tom Goldstein, 5/14/2012] Over 100 years of US jurisprudence and legislation has consistently barred corporations from making such unlimited donations (see 1883, 1896, December 5, 1905, 1907, June 25, 1910, 1925, 1935, 1940, March 11, 1957, February 7, 1972, 1974, May 11, 1976, January 30, 1976, January 8, 1980, March 27, 1990, March 27, 2002, and December 10, 2003). Shortly after the Citizens United ruling, RNC lawyer James Bopp Jr. confirmed that this case, like the Citizens United case and others (see Mid-2004 and After), was part of a long-term strategy to completely dismantle campaign finance law (see January 25, 2010).

Entity Tags: Republican National Committee, Halliburton, Inc., ExxonMobil, Ian Millhiser, Michael Shumway (“Mike”) Lee, Willard Mitt Romney, US Supreme Court, US Chamber of Commerce, James Bopp, Jr

Timeline Tags: Civil Liberties, 2012 Elections

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