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From January 3, 2001, to January 21, 2009, Hillary Clinton served as the junior U.S. senator from New York. Roll Call described Clinton's voting record in the Senate as that of a "a liberal with a centrist tinge," noting she supported liberal preferences "90 percent of the time — as calculated by averaging her eight annual scorecards on key floor votes identified by the AFL-CIO and Americans for Democratic Action."[1]
Clinton resigned from the Senate during her second term to join President Barack Obama's administration as secretary of state in 2009.
Clinton voted in support of HR 3162 - USA Patriot Act of 2001. The bill, which passed in the Senate on October 25, 2001, by a vote of 98-1, allowed law enforcement more authority in searching homes, tapping phone lines, and tracking internet information while searching for suspected terrorists.[2]
When asked during a Democratic primary debate on October 13, 2015, if she regretted supporting the Patriot Act, Clinton said, "No, I don't. I think that it was necessary to make sure that we were able after 9/11 to put in place the security that we needed. And it is true that it did require that there be a process. What happened, however, is that the Bush administration began to chip away at that process. And I began to speak out about their use of warrantless surveillance and the other behavior that they engaged in. We always have to keep the balance of civil liberties, privacy and security. It's not easy in a democracy, but we have to keep it in mind."[3]
Clinton voted in support of HR 1 - No Child Left Behind Act on December 18, 2001, which passed in the Senate by a vote of 87-10 and became law on January 8, 2002. It implemented annual testing of students and cut funding to schools that achieved sub-standard test results.[4]
Although Clinton supported the bill, she said during a presidential candidate forum in August 2007 that No Child Left Behind "has been a terrible imposition on teachers and school districts and families and students. And part of it is because it was not funded. It was an unfunded mandate. And part of it is that the Department of Education under President Bush did not absolutely enforce it and interpret it in the right way."[5]
She continued, "So we need growth models for students. We need broader curriculum. We need to make sure that when we look at our children, we don’t just see a little walking test. We’ve got to have a total change in No Child Left Behind."[5]
Clinton voted in support of HJ Res 114 - Authorization for Use of Military Force Against Iraq Resolution of 2002. The resolution passed on October 11, 2002, by a vote of 77-23. It authorized the use of military force to "defend U.S. national security against the continuing threat posed by Iraq." The Democratic Party split on the vote.[6]
Clinton gave a speech on the floor of the Senate before the vote where she argued that passing the resolution would empower President George W. Bush and send a message to Iraqi President Saddam Hussein.[7]
| “ | Even though the resolution before the Senate is not as strong as I would like in requiring the diplomatic route first and placing highest priority on a simple, clear requirement for unlimited inspections, I take the President at his word that he will try hard to pass a United Nations resolution and seek to avoid war, if possible.
Because bipartisan support for this resolution makes success in the United Nations more likely and war less likely, and because a good faith effort by the United States, even if it fails, will bring more allies and legitimacy to our cause, I have concluded, after careful and serious consideration, that a vote for the resolution best serves the security of our Nation. If we were to defeat this resolution or pass it with only a few Democrats, I am concerned that those who want to pretend this problem will go way with delay will oppose any United Nations resolution calling for unrestricted inspections. This is a difficult vote. This is probably the hardest decision I have ever had to make. Any vote that may lead to war should be hard, but I cast it with conviction. Perhaps my decision is influenced by my 8 years of experience on the other end of Pennsylvania Avenue in the White House watching my husband deal with serious challenges to our Nation. I want this President, or any future President, to be in the strongest possible position to lead our country in the United Nations or in war. Secondly, I want to ensure that Saddam Hussein makes no mistake about our national unity and support for the President's efforts to wage America's war against terrorists and weapons of mass destruction. Thirdly, I want the men and women in our Armed Forces to know that if they should be called upon to act against Iraq our country will stand resolutely behind them. My vote is not, however, a vote for any new doctrine of preemption or for unilateralism or for the arrogance of American power or purpose, all of which carry grave dangers for our Nation, the rule of international law, and the peace and security of people throughout the world.[8] |
” |
| —Hillary Clinton, October 10, 2002[9] | ||
More than a decade later, Clinton called her support for the resolution her "greatest regret" during an interview on April 21, 2016.[10] In her memoir, Hard Choices, which was published two years earlier, Clinton discussed the vote. "[M]any Senators came to wish they had voted against the resolution. I was one of them. As the war dragged on, with every letter I sent to a family in New York who had lost a son or daughter, a father or mother, my mistake become more painful. I thought I had acted in good faith and made the best decision I could with the information I had. And I wasn’t alone in getting it wrong. But I still got it wrong. Plain and simple," she wrote.[11]
On July 14, 2004, Clinton voted against invoking cloture on the Federal Marriage Amendment, which would have limited debate on whether to amend the Constitution to define marriage as a union between one man and one woman.[12] Clinton voted with her party to prevent the bill from coming to a final vote.
In her speech on the Senate floor a day before the cloture vote, Clinton said marriage was "a sacred bond between a man and a woman." She questioned, however, the purpose of the bill and if it were appropriate to amend the Constitution "to federalize an issue that has been the province of the states since our founding." She said, "Is it really marriage that we're protecting here? I believe that marriage should be protected. I believe that marriage is essential, but I don't for the life of me understand how amending the Constitution of the United States with respect to same-gender marriages really gets to the root of the problem of marriage in America."[13]
Nearly a decade later, Clinton declared her support for same-sex marriage in a video released by the Human Rights Campaign. "LGBT Americans are our colleagues, our teachers, our soldiers, our friends and our loved ones, and they are full and equal citizens and deserve the rights of citizenship. That includes marriage. That's why I support marriage for lesbian and gay couples. I support it personally and as a matter of policy and law," she said in the clip.[14]
Clinton was asked to explain in June 2014 why she shifted her position during an interview with NPR's Terry Gross. She said, "I think I'm an American. And I think we have all evolved and it's been one of the fastest most sweeping transformations." When Gross pushed for further clarification, Clinton denied that she favored same-sex marriage for political reasons. "I did not grow up even imagining gay marriage and I don't think you probably did either. This was an incredibly new and important idea that people on the front lines of the gay rights movement began to talk about and slowly but surely convinced others of the rightness of that position. And when I was ready to say what I said, I said it," she said.[15]
Clinton voted in favor of several trade agreements which became law between September 2003 and August 2004:
Clinton voted against HR 3045 - Dominican Republic-Central America-United States Free Trade Agreement Implementation Act, which passed the Senate on July 28, 2005, by a vote of 55-45. The bill, which became law on August 2, 2005, authorized trade agreements with Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua.[16]
Clinton discussed her mixed record on trade agreements and the Trans-Pacific Partnership (TPP) during the fifth Democratic presidential debate on February 4, 2006.
| “ | I've only had responsibility for voting for trade agreements as a senator. And I voted a multinational trade agreement when I was senator, the CAFTA agreement, because I did not believe it was in the best interests of the workers of America, of our incomes, and I opposed it. I did hope that the TPP, negotiated by this administration, would put to rest a lot of the concerns that many people have expressed about trade agreements. And I said that I was holding out that hope that it would be the kind of trade agreement that I was looking for.
I waited until it had actually been negotiated because I did want to give the benefit of the doubt to the administration. Once I saw what the outcome was, I opposed it. Now I have a very clear view about this. We have to trade with the rest of the world. We are 5 percent of the world's population. We have to trade with the other 95 percent. And trade has to be reciprocal. That's the way the global economy works. But we have failed to provide the basic safety net support that American workers need in order to be able to compete and win in the global economy. So it's not just what's in the trade agreement that I'm interested in.[8] |
” |
| —Hillary Clinton, February 4, 2016[17] | ||
On September 29, 2005, Clinton voted in opposition to President George W. Bush's nomination of John Roberts to the U.S. Supreme Court. Roberts was confirmed by a vote of 78-22.[18]
Clinton said the day prior to the vote, "After serious and careful consideration of the committee proceedings and Judge Roberts's writings, I believe I must vote against his confirmation. I do not believe that the judge has presented his views with enough clarity and specificity for me to in good conscience cast a vote on his behalf. The Constitution commands that the Senate provide meaningful advice and consent to the President on judicial nominations, and I have an obligation to my constituents to make sure that I cast my vote for Chief Justice of the United States for someone I am convinced will be steadfast in protecting fundamental women's rights, civil rights, privacy rights, and who will respect the appropriate separation of powers among the three branches. After the Judiciary hearings, I believe the record on these matters has been left unclear. That uncertainly means as a matter of conscience, I cannot vote to confirm despite Judge Roberts's long history of public service."[19]
On January 31, 2006, Clinton voted in opposition to President George W. Bush's nomination of Samuel Alito to the U.S. Supreme Court. Alito was confirmed by a vote of 58-42.[20]
In her speech on the Senate floor against Alito's nomination, Clinton questioned Alito's views on civil rights, open courthouses, executive power, abortion rights, and the right to privacy. She continued, "This nomination could well be the tipping point against constitutionally based freedoms and protections we cherish as individuals and as a nation. I fear Judge Alito will roll back decades of progress and roll over when confronted with an administration too willing to flaunt the rules and looking for a rubberstamp. The stakes could not be higher."[21]
Clinton voted in support of HR 6061 - Secure Fence Act of 2006, which passed the Senate on September 29, 2006, by a vote of 80-19. The bill authorized the construction of 700 miles of additional fencing along the U.S.-Mexico border. The Democratic Party split on the vote.[22]
During a Democratic presidential primary debate in March 2016, Clinton was asked to explain how her support for the Secure Fence Act differed from Donald Trump's calls to build a wall along the border. She said, "We did vote for money to build a fence, a pedestrian fence in some place, a vehicle fence in other places. And the result is that we have the most secure border we've ever had. Apprehensions coming across the border are the lowest they've been in 40 years, which just strengthens my argument that now it's time to do comprehensive immigration reform. The Republicans, the opponents no longer have an argument. And certainly, we hear a lot coming from the Republican side that is absolutely out of touch with reality. We raised money through the congressional appropriations process. We enhanced the border security. That part of the work is done."[23]
Clinton voted in support of HR 1591 - U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, which would have required troops stationed in Iraq to be redeployed beginning no later than October 1, 2007. The bill passed the Senate on April 26, 2007.[24]
"With this vote, Congress has provided funding for our troops while also putting forward sensible provisions to begin the withdrawal of troops from Iraq. I call upon the President to work with Congress in order to ensure the troops receive these funds and that we change course in Iraq. I am also pleased that with passage of this bill, we have made an important step toward meeting our responsibility to address the growing health needs affecting those exposed to the toxic air around Ground Zero in the wake of 9/11. I am proud that this bill includes $50 million in funding for 9/11 health, which will not only help provide treatment to those affected in the New York metro area, but also to responders from all over the country who are suffering from 9/11 health effects," she said in a statement on April 26, 2007.[25]
President George W. Bush vetoed the bill on May 1, 2007. He said in a statement, "It makes no sense to tell the enemy when you plan to start withdrawing. All the terrorists would have to do is mark their calendars. ... Setting a deadline for withdrawal is setting a date for failure, and that would be irresponsible."[24][26]
Clinton voted in support of HR 1424 - Emergency Economic Stabilization Act of 2008. The bill passed the Senate on October 1, 2008, by a vote of 74-25. It authorized the formation of the Troubled Asset Relief Program, which allowed the Treasury Secretary to buy troubled assets from financial institutions. Voting was split in both parties.[27]
After the bill passed the House on October 3, 2008, Clinton said in a statement, "After intense bipartisan cooperation, Congress has acted to stabilize the markets, significantly improving the Bush Administration's initial proposal. As I have said repeatedly, in tackling this market turmoil, we need a plan that includes checks and balances, not a blank check. While the final legislation is far from perfect, both the Senate and House have provided greater taxpayer protections, oversight, and accountability. Now we must go further. We face more than a market crisis. We must tackle a broader economic crisis. I am proposing that we set three big goals: ensuring accountability to taxpayers in the execution of this plan; rewriting mortgages at risk of default and foreclosure that threaten the housing markets and financial markets; and pursuing broader economic change to prevent future crises, reform Wall Street, and grow this economy by creating new jobs and opportunities for the middle class."[28]
Clinton missed 249 of 2,616 roll call votes. Her rate of 9.5 percent missed votes is significantly higher than the median of 2 percent among the lifetime records of her colleagues serving in the Senate in 2009. More than 80 percent of Clinton's missed votes occurred after she declared her candidacy for president in July 2007.[29]
According to a Roll Call study of Clinton's voting record, Clinton registered a 96.5 percent party unity score, consistently voting with the Democratic Party on pieces of legislation where there was a partisan divide.[1]
Clinton sponsored 363 bills, 296 amendments, 33 resolutions, and 21 concurrent resolutions—a total of 713 pieces of legislation—while in the Senate.[30] Three became law:
Clinton cosponsored 1,529 bills, 727 amendments, 317 resolutions, 75 concurrent resolutions, and 28 joint resolutions—a total of 2,676 pieces of legislation. Seventy-four became law.[34]
Clinton served on five Senate committees and one commission during her time in the Senate.[35][36][37][38][39]
In July 1999, Hillary Clinton announced that she was forming a campaign committee to run for the Senate seat being vacated by Daniel Patrick Moynihan (D). Given her high visibility as the first lady of the United States, she received encouragement from Democratic leadership to compete against the likely Republican senatorial nominee, New York City Mayor Rudy Giuliani. Clinton told reporters during her announcement speech, "I suppose the questions on everyone's mind are: Why the Senate? Why New York? And why me?" She continued, "I think that's a very fair question, and I fully understand people raising it. And I think I have some real work to do to get out and listen and learn from the people of New York and demonstrate that what I'm for is maybe as important, if not more important, than where I'm from."[40]
Clinton's statement was a tacit acknowledgment of critics who said that she was a "carpetbagger" or "parachute candidate" because she had no deep connections to New York. Consequently, she arranged a two-month summer "listening tour" through all of New York's 62 counties to introduce herself to voters and engage with local communities, both rural and urban.[40][41]
The following year, she defeated her Democratic primary challenger Mark McMahon on September 12, 2000, winning with approximately 82 percent support.[42]
Giuliani, her expected Republican opponent, withdrew from his primary on May 19, 2000, having announced in weeks prior that he was fighting prostate cancer.[43] Clinton instead faced U.S. Rep. Rick Lazio (R-N.Y.) in the general election and defeated him by a margin of 12 points on November 7, 2000.[42]
She ran opposed for a second time in 2006. Her Democratic primary challenger was Jonathan Tasini, a labor activist who condemned Clinton's vote in favor of military action in Iraq in 2002. "People who supported the decision to go to war must be held accountable," Tasini said.[44] On September 12, 2006, Clinton defeated Tasini by nearly 70 percentage points.[45]
Her Republican opponent in the general election on November 7, 2006, was Mayor of Yonkers John Spencer. Clinton handily won a second term in the Senate, 67 percent to 31 percent.[45]
On December 1, 2008, Barack Obama announced that he was nominating Clinton, his Democratic primary challenger in the presidential election that year, to serve in his cabinet as secretary of state.[46] Clinton said at the press conference for the announcement, "I...want to thank my fellow New Yorkers who have for eight years given me the joy of a job I love with the opportunity to work on issues I care about deeply in a state that I cherish." She added, "Leaving the Senate is very difficult for me."[47]
Clinton was confirmed in the Senate by a vote of 94 to 2 on September 21, 2009.[48] On the same day, she formally resigned her legislative post and was sworn in as secretary of state.[49] New York Gov. David Paterson (D) named then-Rep. Kirsten Gillibrand to replace Clinton after two months of speculation that Caroline Kennedy, the daughter of President John F. Kennedy, United Federation of Teachers President Randi Weingarten, or then-Attorney General Andrew Cuomo would fill the vacant seat.[50]
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