A resolution to authorize representation by the Senate Legal Counsel in the case of Schonberg, et al. v. Sanders, et al.

Mr. President, this resolution concerns a civil action filed by two individuals against five Senators, two Representatives, and the Federal Election Commission. Plaintiffs' challenge rests on their claim to a right that Congress pass health care legislation that would benefit them. Plaintiffs' legal claim is that the Federal Election Campaign Act's designation of Members of Congress as agents of their

campaign committees violates the Constitution's prohibition on Members of Congress holding any other office under the United States while serving in the Congress.

Plaintiffs' complaint over the legislative actions of Senators is not cognizable before the courts. In addition, Senators' involvement with their campaign committees does not constitute holding an office of the United States and does not violate the Constitution.

This resolution authorizes the Senate Legal Counsel to represent the Senators named as defendants in this case and to move for its dismissal.

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 398 submitted earlier today.

Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motions to reconsider be laid upon the table, with no intervening action or debate, and any statements relating to the resolution be printed in the Record.