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Earmarks shall be abolished by requiring that Congress shall not pass any law without a vote, and all votes are to be public, recorded, and published.
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Earmarks shall be abolished by requiring that Congress shall not pass any law without a vote, and all votes are to be public, recorded, and published.
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Earmarks are a form of special legislation —  that is, the legislation benefits a few people but not the people generally. They are frequently approved in conference committee to avoid debate. In effect, Congress directs that a certain amount of an agency’s budget be spent on specific projects thereby removing discretion over the funds from others. Earmarks are synonymous with what we call “pork barrel projects.” 
State constitutions and by implication the U.S. Constitution prohibit special legislation. Special legislation is, in effect, conferring legislative favors on some and not on others. The courts have consistently validated what appears to be special legislation if the beneficiaries fall within a classification deemed reasonable. Thus, for example, in Colorado commercial property is taxed at a higher rate than residential property because the classification of the two is deemed reasonable.
Earmarks are a classic form of special legislation by which Congress confers favors on its members in exchange for votes. We have all heard about the “bridge to nowhere” in Alaska. Most members of Congress are publicly against earmarks, but they continue to approve them unabashedly. Through legislative sleight of hand, earmarks are permitted because voting on them is usually obscured to shield our representatives from accountability.
Would a constitutional amendment opposing special legislation solve the problem? Although such a rule might solve the problem, it would also lead to ingenious classification strategies and result in considerable litigation. For that reason, we have elected to remedy this problem, not with a prohibition on special legislation, but with a requirement that there be a publicly recorded vote on every appropriation bill. In this fashion, members of Congress who oppose earmarks can offer amendments to delete them and force a vote on the amendment which, in due course, will allow citizens the opportunity to vote against persons who say they oppose earmarks but yet vote for them. Also, if the President has a line-item veto, he is in a position to be rid of them and acts at his political peril by approving them.
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