Mr. President, I know the Senator is the assistant leader. The majority has a lot of things to do. If he would like to finish now, I would be pleased to yield. The American people are all worried…
Mr. President, I know the Senator is the assistant leader. The majority has a lot of things to do. If he would like to finish now, I would be pleased to yield.
The American people are all worried about the direction of our country and for a good reason; they have witnessed a growing disregard for the Constitution and the limits that it places on the federal government. Our Government is a government of limited powers. In essence, I hear my friend and colleague and able advocate Senator Durbin say the question is about medical care. The question is about, he thinks, that it is unfair that some people do not buy insurance and therefore we ought to make them buy insurance. He thinks that is unfair.
We had a nearly year-long debate in this Congress, and Senator Durbin prevailed by a single vote, before Senator Brown could be confirmed to kill the health care bill. They were able to pass it through with an interim Senator by a single vote and it passed. But that is not what I and Senator Cornyn and others are here to talk about today. The point today is, Should the Supreme Court of the United States decide this question as a matter of law and principle or should they divine what they think the people want--although the polls show the American people consistently oppose this legislation and never supported it, ever, but it was rammed through anyway. So they want to say: This is important. We think it is unfair--even though the polling data shows people don't want this law--and the Supreme Court should uphold the law and shouldn't worry about a little thing like the Constitution and limited powers.
So that is what I want to talk about today. I want to affirm the duty of the Supreme Court of the United States, and that duty is to fairly and objectively interpret the Constitution and to render justice, not based on polling data and not based on congressional desire.
Polling data shows that the American people overwhelmingly think the law is an impermissible, unconstitutional regulation, so it is difficult for me to say this is such a matter that the Supreme Court has to acknowledge a minority view and approve it even if the Constitution doesn't agree. I don't think that is an argument that can be sustained, in my view.
Since the oral arguments in the case, in my view--and a lot of my colleagues share this view--the President himself, Democrats in the House and the Senate, their friends in the media and liberal government, pro-health care advocates have stepped up undignified and unjustified attacks on the Court, which seems to me to be a pretty transparent effort to try to influence the decision of an independent branch of government. It also seems to me an attempt--since I have been a student of this for some time now--to lay the groundwork and to declare that the Supreme Court is somehow illegitimate if they don't render a verdict in line with one that my colleagues think should be rendered.
I will say parenthetically that 2 years ago when this passed 60 to 40, it took 60 votes to pass it. It wouldn't pass today. It wouldn't even come close to having 60 votes today because the American people spoke and sent home a lot of people who voted for this bill when they didn't want them voting for it. That was a big deal in the election, frankly, if you want to talk about that.
So this philosophy that we hear advocated is a dangerous philosophy of law and jurisprudence. It is results-oriented. It is political, not law, and it surely is contrary to the great heritage of law that this country has been so blessed with. It may be that my colleagues are concerned because when pressed by the Supreme Court Justices during oral argument, the Solicitor General of the United States seemed to be utterly incapable of identifying any limiting principle on government power. The Solicitor General proffered various reasons why health care is unique, but not one of them was effectively grounded on any constitutional text, principle, or theory--at least in my view.
People can disagree. The Justices will have the final word on it. The nonlegal argument that the Court should not overturn a popular law suggested by many is, of course, irrelevant, not only because this health care law is, in fact, unpopular, but because popularity does not translate into constitutionality. Of course, under the popularity theory, it would be wrong for the Court to strike down the Defense of Marriage Act, which the administration has decided is unconstitutional and refuses to defend in court, even though the law was so popular that it passed 342 to 67 in the House and 85 to 14 in the Senate. So making the popularity argument revealed the lack of legal argument. It condemns such advocates as advocates against law, not for law.
Supporters of the health care law have disdainfully and consistently dismissed the notion, and it was done during the debate, that the legislation raised serious constitutional questions. I remember the debate in the Senate. This disdain was no more starkly demonstrated than when a reporter asked then-Speaker of the House of Representatives Nancy Pelosi what the constitutional basis was for the statute, and she condescendingly replied: Are you serious?
Is our time up?
Mr. President, how long might the majority leader expect to be, and if it is possible to have consent to speak an additional 5 minutes after the majority leader.
I know the majority leader is extremely busy, and I appreciate his courtesy and respect with the difficult duty he has here.
She said: Are you serious? Well, when the Solicitor General of the United States was being grilled by the Justices, I have to say it looked serious then. It is axiomatic that the Commerce clause--which is the provision in the Constitution that the law's supporters argue gives the government the power to take over health care--was never understood to grant unlimited power to the Federal Government. The Federal Government, without doubt, is a government of limited powers.
It certainly never meant that Congress could regulate noncommerce under the power to regulate commerce. We can't regulate noncommerce when the only power the Federal Government is given is the power to regulate commerce. Give me a break.
As distinguished Judge Roger Vinson stated in his opinion in this case when he struck this bill down:
It would be a radical departure from existing law to hold
that Congress can regulate inactivity under the Commerce
clause. If it has the power to compel an otherwise passive
individual into a commercial transaction with a third party
merely by asserting--as it was done in the Act--that
compelling the actual transaction is itself ``commercial and
economic in nature, and substantially affects interstate
commerce,'' it is not hyperbolizing to suggest that Congress
could do almost anything it wanted . . . If Congress can
penalize a passive individual for failing to engage in
commerce, the enumeration of powers in the Constitution would
have been in vain, for it would be ``difficult to perceive
any limitation on federal power'' (Lopez), and we would have
a Constitution in name only. Surely this is not what the
Founding Fathers could have intended.
It is a serious question. The Supreme Court needs to decide it, and they don't need to have Congress trying to pressure them one way or the other.
The President of the United States, President Obama, might think that it is, in his words ``unprecedented'' or ``extraordinary'' for the Court to strike down a clearly unconstitutional statute, but it is not. The Supreme Court has a duty under the Constitution and under the powers of the judiciary to speak clearly if Congress passes a law that violates the Constitution, that assumes powers Congress does not have, and that attempts to act in ways on behalf of the Federal Government that the Constitution never gave the government the power to do. They have a duty to strike it down.
The Court's reputation would be damaged if it bows to political bullying, but it won't be damaged if it follows the Constitution. I think it is wrong to disparage and threaten the Court during the pendency of a case in order to influence the outcome. I don't have any problem with criticizing a decision if I disagree with it, but to try to politically pressure the Court I think is wrong for us to do.
These are important questions of law. I have an opinion, but the Court has a duty. That duty is to decide the case before them impartially, as a neutral umpire, and without regard to the crowd noise. I believe they will do their duty, and we all await the outcome.
I thank the Chair, and I thank the majority leader.
I yield the floor.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I want to discuss today several amendments I have to the farm bill that is now before the Senate. What might surprise many people to learn is that the overwhelming majority of funds in the farm bill are not spent on anything to do with farmers or even agriculture production. For instance, crop insurance amounts to--which is a big part of the new bill and is progress, I think--the crop insurance provisions amount to just 8 percent of what we will be spending. Horticulture is less than 1 percent. But a full 80 percent of the farm bill spending goes to the Federal food stamp program. Yet only 17 percent of the small savings that are found in this proposal comes from food stamps. Out of the $23 billion in cuts, none of which
occurs next year, out of almost $1 trillion in spending over 10 years. So about $23 billion in cuts. Most of that is taken from the farm provisions, but only 20 percent of it goes to that. At the same time, food stamp spending is virtually untouched. I believe they propose $4 billion in savings after 80 percent of the cost of this bill is in the food stamp program. The other $17 billion comes out of the 20 percent-- not the food stamps.
Overall, the legislation will spend $82 billion on food stamps next year--$82 billion, and an estimated $770 billion over the next 10 years. To put these figures in perspective--and they are so large it is difficult to comprehend--we will spend, next year, $40 billion on the Federal highway program, but $80 billion on the food stamp program.
Food stamp spending has more than quadrupled--four times. It has increased fourfold since the year 2001. It has increased 100 percent since President Obama took office, doubled in that amount of time. There are a number of reasons for this arresting trend. While the poor economy has undeniably increased the number of people who qualify for food stamps, this alone does not explain the extraordinary growth in the program.
For instance, between 2001 and 2006, food stamp spending doubled, but the unemployment rate remained around 5 percent. So from 2001 to 2006, we had a doubling of food stamps while unemployment is the same. When the food stamp program was first expanded nationwide, about 1 in 50 Americans received food stamp benefits. Today, nearly one in seven receive food stamp benefits.
We need to think about that. This is a very significant event. We need to ask ourselves, is this good policy? Is it good for America? Not only is it a question of, do we have the money, the second thing is, is it going to the right people? Is the money being expended wisely? Is it helping people become independent? Is it encouraging people to look for ways to be productive and be responsible themselves for their families? Or does it create dependency, part of a series of government programs that, in effect, are not beneficial to the people who actually benefit from them in the short term?
Three factors help explain this increase. First is that eligibility standards have been significantly loosened over time with a dramatic drop in eligibility standards in the last few years. Second, it has been the explicit policy goal of the Federal bureaucracy to increase the number of people on food stamps. Bonus pay is even offered to States that sign up more people. States administer this program.
And, third, the way the system is arranged with States administering the program but the Federal Government providing all of the money, all of it, they do not have--States do not match food stamps. States have an incentive, do you not see, to see their food stamp budget grow, not shrink, because it is more Federal money coming into the State which they pay no part of.
That means overlooking, I am afraid, I hate to say, dramatic amounts of fraud and abuse, because the enforcement and supervision is given over to the States. So I filed a modest package of food stamp reforms to the farm bill which will achieve several important goals: save taxpayer dollars, which is a good thing; reduce the deficit; achieve greater accountability in how the program is administered; confront widespread waste; direct food stamps to those who truly need them; and help more Americans achieve financial independence.
I guess I am the only person in the Senate who has ever dealt with fraud in the food stamp program. Shortly after law school, when I was a young Federal prosecutor, I prosecuted fraud in the food stamp program. Later I came back as a U.S. attorney, and we saw drug dealers selling food stamps, we saw various other manipulations of it. As attorney general of Alabama for a period, I was involved in enforcing integrity in the program. So I know the benefits food stamps play to people in desperate need. I know it is helpful. But I know, Americans know, they see it every day, that there are abuses in this program. It is the fastest growing entitlement program bar none. We need to look at it. I understand there are some who oppose even saving $4 billion over 10 years out of the food stamp program.
We are spending 80 a year. Four years ago, we were spending 40. We cannot do better than that?
Food stamps is the second largest Federal welfare program following Medicaid. If food stamp spending were returned next year to the 2007 funding level, and you agreed to increase it for 10 years at the rate of inflation, that would produce an astonishing $340 billion in savings for the U.S. Treasury. And we have to have some savings because we don't have the money to continue spending at the rate we are.
Food stamps are 1 of 17 Federal nutritional support programs and 1 of nearly 80 Federal welfare programs. So there is no confusion, these figures count only low-income support programs. They don't include Medicare, Social Security, or unemployment benefits.
Collectively, our Federal welfare programs constitute about $700 billion in Federal spending and $200 billion in State contributions to the same programs. That is about $900 billion on the Federal-State combined--most of it Federal--and $900 billion is about one-fourth of the entire Federal budget.
An individual on food stamps may receive as much as $25,000 in various forms of financial assistance for their household from the Federal Government--as much as $25,000--in addition to whatever salary they may earn in part- or full-time work, or any support they may receive from their families or communities. In other words, this is not normally the only source of income for the person.
Changes in eligibility have also eliminated the asset test for food stamp benefits, which brings me to the first of four amendments I have filed.
No. 1, let's restore the asset test for food stamps. This change has been quite significant. Through a system known as categorical eligibility, States can provide benefits to those whose assets exceed the statutory asset limit, as long as they receive some other Federal benefit. Why is that? I don't know; it makes no sense to me. If you qualify for another program, you automatically get food stamps. Categorically, you are eligible for them. One State went so far as to determine that individuals were food-stamp eligible solely because they received a brochure for another benefit program in the mail. Well, that meant there is more money from the Federal Government coming into their State, more benefits. I guess they see it as an economic benefit. It didn't cost them any money; the money came from Washington.
According to the CBO, the simple process of going back and restricting the categorical eligibility problem that is now springing up would produce $12 billion in savings for taxpayers over the next 10 years and should not eliminate a single person who qualifies for food stamps under the statutory restrictions for the program. All it would mean is that if you qualify for food stamps and fill out the proper form, you get it, like everybody else has to do.
Second, there is the heating subsidy loophole. Fifteen States are using a loophole in order to get more food stamp dollars from the Federal Government. They do this by mailing a very small check--get this--often less than a dollar a month--under the Low Income Home Energy Assistance Program, LIHEAP. Anyone who receives that check, which may be as little as a few dollars a year, becomes eligible to claim a lower income on the basis of home energy expenses--even if they don't pay those expenses.
This reform will require households that receive food stamps to provide proof of payment for their heating or cooling in order to qualify for the income deduction. If the government is paying for your heating, you should not say I need food stamps because I have a big heating bill. But this is a clever maneuver designed by States-- frankly, deliberately--to extract more money from Washington--free money for their States, and it is not good policy for America. It is not right that some States get more under the food stamps program by using this technique than others who don't use this abusive practice. Closing this loophole will produce $14 billion in savings over the next 10 years. That is a lot of money.
No. 3, let's end the bonus payments going to States for increasing the number of people who sign up. We ought to
be giving bonuses to people who identify people who are abusing the problem and bringing those down, if anything.
States currently receive bonus payments for enrolling individuals in the food stamp program. Those bonus payments highlight the perverse incentive States have to expand food stamp registration rather than to reduce fraud and help more people achieve financial independence. We need to be focusing on helping people to get work and to be more productive and to bring in more money for their families than food stamps would bring in. That is what the focus of American vitality and growth should be.
No. 4, let's implement the SAVE Program for food stamp usage. This amendment would simply require the government to use a very simple SAVE Program, similar to the E-Verify Program, to ensure that adults receiving benefits are in fact lawfully in the country. This is a commonsense thing to do at a time when we have to borrow 40 cents out of every dollar we spend in this government. We spend $3,700 billion and we take in $2,400 billion. We borrow the rest every year. We cannot afford to be providing incentives, benefits, bonuses, and payments to reward people who have entered the country illegally. We just don't have the money.
Ultimately, beyond first steps, the best way to achieve integrity in the food stamp program is to block-grant it to the States. Send so much for the program, a fair percentage to each State, and let them distribute it. This will provide States with a strong incentive to make sure each dollar is being properly spent. They don't have that today. It does no damage to a State if somebody is getting the money improperly, or getting more than they are entitled to. If a State is administering the program and some people are getting too much and others are not getting enough, then the State has an incentive to make sure the abuses stop and the aid goes to the people who need it. That is the kind of program we need in America--one that works and has incentives built in to make the program have integrity.
The House budget adopts this reform. They like to complain about the House and say the House doesn't know what they are doing. This is a commonsense reform. I am proud of what the House did. They did exactly the right thing. Senate Democrats, of course, have not even written a budget in 3 years. It has become clear that if we had gone through a financial analysis, a budget debate in this Congress, we could save a lot of money by ending the abuses in the Food Stamp Program, and it would help us do other things the government needs to do. It would also become clear that we will run out of money to pay for this program if we don't make changes soon. We are in a financial situation that is so grave that every expert has told us we are on an unsustainable path and we have to get off of it. If we don't, we can have another financial catastrophe, like in 2007, and like they are having in Europe today. That is very possible. So we have to reduce our deficit and our abusive spending.
Reforming the way we deliver welfare is the compassionate course. It is not mean-spirited to say that people who are not entitled to the benefits don't need the benefits and should not get them. There is nothing wrong with that. There is nothing wrong with having incentives in your program, not to see how many people you can get on food stamps but to see how many we can get to work and be productive and take care of themselves.
The result of welfare reform in 1996, if you remember that--and many of you do--was less poverty, more growth, less teen pregnancy, more work, and more people successfully caring for themselves. We have slipped back, in my opinion. We moved back from some of the progress we made from the 1996 provision.
Unfortunately, since 1996, Members in both parties have failed to protect these gains. The welfare budget has swelled dramatically. Oversight has diminished. Standards have slipped. We now find ourselves in need of welfare reform for the 21st century. We do. That is the nature of any government, where once programs are established, they go beyond rationality and need to be reformed periodically.
It is time to re-engage the national discussion over how the receipt of welfare benefits can become damaging, not merely to the Treasury but also to the recipient.
Left unattended, the safety net can become a restraint, permanently removing people from the workforce. And Federal programs, unmonitored, can begin to replace family, church, and community as a source of aid and support.
We need to reestablish the moral principle that Federal welfare should be seen as temporary assistance, not permanent support. The goal should be to help people become independent and self-sufficient.
Such reforms, made sincerely and with concern for those in need, will improve America's social, fiscal, and economic health. Empowering the individual is more than sound policy; it remains the animating moral idea behind the American experience, our national exceptionalism. We believe in individual responsibility. We believe in helping people in need, but we don't believe in creating circumstances where decent, hard-working people, who work extra and save their money, who give up vacations and going out to eat so they can take care of their family, are also required to support people who are irresponsible. That is not a healthy situation for us to be in.
We need to strike the right balance. We can help those people in need and create a government and a social assistance program in America that benefits the people we seek to benefit and benefits the State treasuries at the same time.
I yield the floor and suggest the absence of a quorum.