Madam Speaker, you know, we do face a real issue here before us today, a government shutdown in a week that could hurt our security and safety as a nation, and hurt our recovery and job growth. And…
Madam Speaker, you know, we do face a real issue here before us today, a government shutdown in a week that could hurt our security and safety as a nation, and hurt our recovery and job growth. And this real issue deserves a real discussion, a discussion and agreement between the House and the Senate and the President.
We have 6 days left to negotiate, and yet here today, instead of contributing to a solution, the House Republicans are bringing about a constitutional crisis on top of the funding crisis. That's the last thing that our fragile economy needs.
Madam Speaker, yesterday in the Rules Committee, and I think this might very well be the first time that this has occurred on the Rules Committee in my just over 2 years, every witness that came to visit our committee was opposed to what we're doing here today. The witnesses were unanimous that this approach is unconstitutional and that this approach is ill-advised. Now, in my time on the Rules Committee I don't think we've ever had such unanimity among the witnesses that have come before us.
Madam Speaker, Article I, section 7 of the Constitution, which I will include in the Record, clearly states that ``Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the President of the United States.''
Now, what's being done with this bill is entirely different. I'd like to show our friends a very basic lesson in how a bill becomes a law.
This is our friend, a bill. For a bill to become a law, it needs to pass the House and the Senate before it goes to the President. Now, we all know if there are differences between the House and the Senate version, they can be resolved through a conference committee, or it can be sent, with an amendment, back to the other body to accept that, as we routinely do.
What is being done in this case is this little guy, this little guy is deeming from the House that it has passed the Senate. Now, this is particularly unusual because, not only has this bill not passed the Senate, it's actually specifically been rejected by the Senate. And now, a bill is going to the Senate asking them to deem that they have passed something that they have actually rejected. It's some sort of Orwellian doublespeak of conforming some sort of alternate version of reality with regard to this deem and pass measure.
Now, there are some things we could be doing in this House and I hope we do. In addition to the good faith negotiations which this constitutional crisis undermines, we could be taking up Senate Bill 388. Senate Bill 388 would make sure that Members of Congress don't get paid during the government shutdown. Now, this is news to most of the American people because, you know what? Most Federal workers, they're not going to get paid if the government shuts down.
But you know who does get paid? Those of us who are speaking here before you today. That's the current law. We can change that law today.
The Senate sent over a bill that passed unanimously that would make sure that Members of Congress didn't get paid if the government shut down. We can take up that bill today. It's been sitting here at the House desk because Republican leadership has not taken up that bill. We can send it on to the President of the United States who could sign that bill, make sure that the incentive of Members of Congress is to come to the table, and we are in the same boat as the other Federal workers with regard to a government shutdown.
It's time to get serious about solving how we're going to fund the operations of government and not put a constitutional crisis on top of the funding crisis.
Article. I.
Section. 1.
All legislative Powers herein granted shall be vested in a
Congress of the United States, which shall consist of a
Senate and House of Representatives.
Section. 2.
The House of Representatives shall be composed of Members
chosen every second Year by the People of the several States,
and the Electors in each State shall have the Qualifications
requisite for Electors of the most numerous Branch of the
State Legislature.
No Person shall be a Representative who shall not have
attained to the Age of twenty five Years, and been seven
Years a Citizen of the United States, and who shall not, when
elected, be an Inhabitant of that State in which he shall be
chosen.
Representatives and direct Taxes shall be apportioned among
the several States which may be included within this Union,
according to their respective Numbers, which shall be
determined by adding to the whole Number of free Persons,
including those bound to Service for a Term of Years, and
excluding Indians not taxed, three fifths of all other
Persons. The actual Enumeration shall be
made within three Years after the first Meeting of the
Congress of the United States, and within every subsequent
Term of ten Years, in such Manner as they shall by Law
direct. The Number of Representatives shall not exceed one
for every thirty Thousand, but each State shall have at Least
one Representative; and until such enumeration shall be made,
the State of New Hampshire shall be entitled to chuse three,
Massachusetts eight, Rhode-Island and Providence Plantations
one, Connecticut five, New-York six, New Jersey four,
Pennsylvania eight, Delaware one, Maryland six, Virginia ten,
North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any State,
the Executive Authority thereof shall issue Writs of Election
to fill such Vacancies.
The House of Representatives shall chuse their Speaker and
other Officers; and shall have the sole Power of Impeachment.
Section. 3.
The Senate of the United States shall be composed of two
Senators from each State, chosen by the Legislature thereof
for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of
the first Election, they shall be divided as equally as may
be into three Classes. The Seats of the Senators of the first
Class shall be vacated at the Expiration of the second Year,
of the second Class at the Expiration of the fourth Year, and
of the third Class at the Expiration of the sixth Year, so
that one third may be chosen every second Year; and if
Vacancies happen by Resignation, or otherwise, during the
Recess of the Legislature of any State, the Executive thereof
may make temporary Appointments until the next Meeting of the
Legislature, which shall then fill such Vacancies.
No Person shall be a Senator who shall not have attained to
the Age of thirty Years, and been nine Years a Citizen of the
United States, and who shall not, when elected, be an
Inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall be President
of the Senate, but shall have no Vote, unless they be equally
divided.
The Senate shall chuse their other Officers, and also a
President pro tempore, in the Absence of the Vice President,
or when he shall exercise the Office of President of the
United States.
The Senate shall have the sole Power to try all
Impeachments. When sitting for that Purpose, they shall be on
Oath or Affirmation. When the President of the United States
is tried, the Chief Justice shall preside: And no Person
shall be convicted without the Concurrence of two thirds of
the Members present.
Judgment in Cases of Impeachment shall not extend further
than to removal from Office, and disqualification to hold and
enjoy any Office of honor, Trust or Profit under the United
States: but the Party convicted shall nevertheless be liable
and subject to Indictment, Trial, Judgment and Punishment,
according to Law.
Section. 4.
The Times, Places and Manner of holding Elections for
Senators and Representatives, shall be prescribed in each
State by the Legislature thereof; but the Congress may at any
time by Law make or alter such Regulations, except as to the
Places of chusing Senators.
The Congress shall assemble at least once in every Year,
and such Meeting shall be on the first Monday in December,
unless they shall by Law appoint a different Day.
Section. 5.
Each House shall be the Judge of the Elections, Returns and
Qualifications of its own Members, and a Majority of each
shall constitute a Quorum to do Business; but a smaller
Number may adjourn from day to day, and may be authorized to
compel the Attendance of absent Members, in such Manner, and
under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings,
punish its Members for disorderly Behaviour, and, with the
Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and
from time to time publish the same, excepting such Parts as
may in their Judgment require Secrecy; and the Yeas and Nays
of the Members of either House on any question shall, at the
Desire of one fifth of those Present, be entered on the
Journal.
Neither House, during the Session of Congress, shall,
without the Consent of the other, adjourn for more than three
days, nor to any other Place than that in which the two
Houses shall be sitting.
Section. 6.
The Senators and Representatives shall receive a
Compensation for their Services, to be ascertained by Law,
and paid out of the Treasury of the United States. They shall
in all Cases, except Treason, Felony and Breach of the Peace,
be privileged from Arrest during their Attendance at the
Session of their respective Houses, and in going to and
returning from the same; and for any Speech or Debate in
either House, they shall not be questioned in any other
Place.
No Senator or Representative shall, during the Time for
which he was elected, be appointed to any civil Office under
the Authority of the United States, which shall have been
created, or the Emoluments whereof shall have been encreased
during such time; and no Person holding any Office under the
United States, shall be a Member of either House during his
Continuance in Office.
Section. 7.
All Bills for raising Revenue shall originate in the House
of Representatives; but the Senate may propose or concur with
Amendments as on other Bills.
Every Bill which shall have passed the House of
Representatives and the Senate, shall, before it become a
Law, be presented to the President of the United States: If
he approve he shall sign it, but if not he shall return it,
with his Objections to that House in which it shall have
originated, who shall enter the Objections at large on their
Journal, and proceed to reconsider it. If after such
Reconsideration two thirds of that House shall agree to pass
the Bill, it shall be sent, together with the Objections, to
the other House, by which it shall likewise be reconsidered,
and if approved by two thirds of that House, it shall become
a Law. But in all such Cases the Votes of both Houses shall
be determined by yeas and Nays, and the Names of the Persons
voting for and against the Bill shall be entered on the
Journal of each House respectively. If any Bill shall not be
returned by the President within ten Days (Sundays excepted)
after it shall have been presented to him, the Same shall be
a Law, in like Manner as if he had signed it, unless the
Congress by their Adjournment prevent its Return, in which
Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence
of the Senate and House of Representatives may be necessary
(except on a question of Adjournment) shall be presented to
the President of the United States; and before the Same shall
take Effect, shall be approved by him, or being disapproved
by him, shall be repassed by two thirds of the Senate and
House of Representatives, according to the Rules and
Limitations prescribed in the Case of a Bill.
Section. 8.
The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide for
the common Defence and general Welfare of the United States;
but all Duties, Imposts and Excises shall be uniform
throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform
Laws on the subject of Bankruptcies throughout the United
States;
To coin Money, regulate the Value thereof, and of foreign
Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the
Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the
high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and
make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money
to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land
and naval Forces;
To provide for calling forth the Militia to execute the
Laws of the Union, suppress Insurrections and repel
Invasions;
To provide for organizing, arming, and disciplining, the
Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving to
the States respectively, the Appointment of the Officers, and
the Authority of training the Militia according to the
discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever,
over such District (not exceeding ten Miles square) as may,
by Cession of particular States, and the Acceptance of
Congress, become the Seat of the Government of the United
States, and to exercise like Authority over all Places
purchased by the Consent of the Legislature of the State in
which the Same shall be, for the Erection of Forts,
Magazines, Arsenals, dock-Yards, and other needful
Buildings;--And
To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government of the
United States, or in any Department or Officer thereof.
Section. 9.
The Migration or Importation of such Persons as any of the
States now existing shall think proper to admit, shall not be
prohibited by the Congress prior to the Year one thousand
eight hundred and eight, but a Tax or duty may be imposed on
such Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be
suspended, unless when in Cases of Rebellion or Invasion the
public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless
in Proportion to the Census or
enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any
State.
No Preference shall be given by any Regulation of Commerce
or Revenue to the Ports of one State over those of another;
nor shall Vessels bound to, or from, one State, be obliged to
enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law; and a regular
Statement and Account of the Receipts and Expenditures of all
public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States:
And no Person holding any Office of Profit or Trust under
them, shall, without the Consent of the Congress, accept of
any present, Emolument, Office, or Title, of any kind
whatever, from any King, Prince, or foreign State.
Section. 10.
No State shall enter into any Treaty, Alliance, or
Confederation; grant Letters of Marque and Reprisal; coin
Money; emit Bills of Credit; make any Thing but gold and
silver Coin a Tender in Payment of Debts; pass any Bill of
Attainder, ex post facto Law, or Law impairing the Obligation
of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay
any Imposts or Duties on Imports or Exports, except what may
be absolutely necessary for executing it's inspection Laws:
and the net Produce of all Duties and Imposts, laid by any
State on Imports or Exports, shall be for the Use of the
Treasury of the United States; and all such Laws shall be
subject to the Revision and Control of the Congress.
No State shall, without the Consent of Congress, lay any
Duty of Tonnage, keep Troops, or Ships of War in time of
Peace, enter into any Agreement or Compact with another
State, or with a foreign Power, or engage in War, unless
actually invaded, or in such imminent Danger as will not
admit of delay.
I would be happy to.
Will the gentleman yield?
Yes, you are correct that the House has passed a continuing resolution; however, that specific resolution has actually failed in the United States Senate. It's actually a rejection. On top of that, the third body, the executive, has threatened a veto of that.
What this calls for is some sort of deal that everybody can do to ensure the government continues to operate.