Madam President, we have a challenge--a problem--and that is the President is exercising a line-item veto, and line-item vetoes are unconstitutional because the Constitution assigns the power of the…
Madam President, we have a challenge--a problem--and that is the President is exercising a line-item veto, and line-item vetoes are unconstitutional because the Constitution assigns the power of the purse to Congress, not to the President of the United States.
Laws are not suggestions. The Constitution is not optional. A President is not a King. That was the Founders' vision for our democratic Republic.
But on Friday, President Trump swung a wrecking ball at the Founders' vision, at the Constitution. He and Russ Vought, the head of the Office of Management and Budget, proceeded to--in the dark of night--notify that they were canceling nearly a billion dollars in programs authorized and funded by law.
Well, let's be clear. Canceling resources for these programs is both illegal and unconstitutional--illegal because the funding is in law, passed by Congress and signed into law by the President himself, and unconstitutional because the Constitution creates a separation of powers, with the power of the purse belonging to Congress, not the President.
This has been tested a few times. In 1996, Congress tried to give the President a line-item veto, and the Supreme Court struck it down. It struck it down as unconstitutional because it violated the Constitution's separation of powers.
Yesterday, the independent, nonpartisan Government Accountability Office reaffirmed that this strategy by Trump, called a pocket rescission--a fancy name for a line-item veto--is illegal. Here is what they said. I will quote it at some length.
GAO has previously concluded that the Impoundment Control
Act does not permit the withholding of funds past their date
of expiration.
The plain language of the ICA provides that amounts
proposed for rescission must be made available for obligation
unless Congress completes action on a bill rescinding them.
The legislative history of the ICA, Supreme Court precedent,
and the overarching constitutional framework . . . compel
this conclusion.
Therefore, the rescission proposals contained in the
President's September 25, 2026, special message to Congress
do not permit the President to withhold the appropriations
beyond the end of fiscal year 2026.
And that fiscal year--we are hours away from it ending.
So, in other words, more simply put, it is Congress' job to design, authorize, and fund programs. It is the Executive's job--the President and his team's job--to implement those programs. The assignment of responsibilities is designed to ensure that we have a government that serves the people.
In a democratic republic, the people's representatives in Congress-- from every part of the country, from every walk of life--debate and negotiate and legislate so that you will have programs and spending decisions that reflect the needs of every part of the Nation. We don't just deliver programs for red States when Republicans have the majority; we don't just deliver programs for blue States when Democrats have the majority--no. All of us, working together, produce spending bills to serve people throughout this country--urban and rural, north and south, east and west, plains and coast. However you want to divide up the country, we serve everyone. So a President taking those bipartisan agreements to serve everyone and canceling out individual programs is both illegal and unconstitutional.
But in an authoritarian, strongman state it is all different. The President alone decides what gets funded and can use that power to reward allies and punish opponents. In those states, there is no separation of powers; there is one authority. Call it a King. Call it a czar. Call it an emperor or a dictator or a tyrant. Whatever you call it, it doesn't fit in a democratic republic.
We do not have a tyrant or a dictator. We do not have a King. We have
a President with responsibilities under the Constitution to implement the programs that we design, authorize, and fund here in Congress. That is how you get government by and for the people rather than by and for a billionaire or by and for an elite class or by and for a King himself.
But last year, Trump did exercise his strategy of operating as a King in a, if you will, line-item veto through this fancy term ``pocket rescission,'' canceling nearly $5 billion in programs authorized and funded by law.
That tool, called a rescission, was created under the 1974 Impoundment Control Act, and it allows the President to propose canceling a program, but it also says that cancellation does not take effect unless Congress votes to cancel the programs, and we haven't voted to cancel these programs. So, therefore, that is why it is illegal to cancel them.
Well, it is pretty straightforward. The law says that no rescission or cancellation goes into effect without Congress authorizing the cancellation by law.
Madam President, I have here what I would ask unanimous consent to have printed in the Record, a statement from the chair of Appropriations, Senator Susan Collins.
Madam President, we have heard tonight from the independent Government Accounting Office that what the President did in proposing and putting forward this line-item veto is illegal. We have heard in the words of the Republican chairman of the Appropriations Committee that this is illegal. We have heard colleagues speak tonight from different directions about why it is illegal--because the Constitution makes it so. The Constitution says the power of the purse rests with Congress.
There have been undoubtedly a number of Presidents who wish they had a line-item veto. Nixon tried. He cut funds that had been passed into law, and the Supreme Court said: Nope, you can't do that. Have you read the Constitution, President Nixon? That is not just illegal; that is unconstitutional.
Then in 1996, Congress tried to actually shed its responsibility and give the President a line-item veto and say: Hey, Mr. President, we passed these bipartisan spending bills, but strike out anything you want.
The Supreme Court responded and said: No, Congress, you actually have this responsibility. You can't assign it to the Supreme Court. You can't assign it to the President. No, the Constitution places it squarely on Congress.
There is a reason for that, and that is, Congress represents the power of the people from every corner of the land coming together to craft programs and to decide how to fund them that serves this Nation. To delineate or to assign that important function representing people throughout the Nation and say ``None of that matters; the President can just kill any program he wants'' is to believe in a King.
I have news for my colleagues: There is no King in the Constitution. That is why we are here tonight.
There is also a very practical consideration. If you craft bipartisan spending bills that serve every part of the country, but then a partisan President can strike down the ones that, well, maybe are more likely represented by Senators from the other party or House Members from the other party, well, then you have undermined the whole concept of us working together to serve the whole Nation, and therefore you make it very difficult to do bipartisan bills in the future.
So that is why so many people have come to speak to this. That is why the chair of the Appropriations Committee put out such a powerful statement on it. That is certainly why I am here tonight. And that is why we have come to the floor with a bill, S. 5670, to fix this-- because the President, in exercising this line-item veto, said: I am going to do something clever. I am simply going to hold on to the funds that I am supposed to spend under the law until there is no time left in the fiscal year, in the financial year--a year that expires a couple hours from now.
So as if in legislative session and notwithstanding rule XXII, I ask unanimous consent that the Senate proceed to the immediate consideration of S. 5670, introduced earlier today; further, that the bill be considered read three times and passed and that the motion to reconsider be considered made and laid upon the table.
Madam President, the Constitution matters. And what does the Constitution say?
No Money shall be drawn from the Treasury, but in
Consequence of Appropriations made by law.
That is pretty straightforward, and yet my colleague from Wisconsin just wanted to shred the Constitution. He says: It doesn't matter. We want a President to cancel programs.
He said he wouldn't even care if it was a different President.
Imagine a different President canceling programs in his home State. Maybe that Senator would be singing a somewhat different tune.
And then we saw that debt chart. Wow, well, let's understand where that debt comes from: the war in Afghanistan, from a Republican President; the war in Iraq, from a Republican President; the Bush tax cuts--1 and 2--for the billionaires and megamillionaires, from a Republican President; the tax cuts for millionaires and billionaires under Trump 1 and 2. Those are the sources of that debt.
And so it would be a nice thing if someone would come to the floor about debt--from the other side of the aisle--and would actually own that they are the problem, that they have been pissing away our national wealth on foreign wars and giveaways to the richest and most powerful Americans, running up last year a bill that added $30 trillion to the debt over the next 30 years.
I didn't hear that in the commentary from my colleague from Wisconsin nor did I hear from him that he knows that if the interest rate is 1 percent higher than the Congressional Budget Office estimated, that $30 trillion debt that he voted for last year will be $50 trillion over the next 30 years.
And do you know what else? The estimate used for that debt was 4 percent, and right now we are paying 5 percent. So we are already 1 percent higher.
It just would be nice that those who preach fiscal responsibility would not continue to be the ones who are spending this Nation into bankruptcy. That would be nice because then we would have funds to invest in families, healthcare, and housing and education and good- paying jobs.
This century is going to belong to the nations that invest in education and infrastructure, not to the ones that give away the national Treasury to the richest Americans and say: The hell with families across this great land.
Madam President, congressional stock trading is profoundly corrupt. We in this Chamber were elected to serve the public, not our portfolio.
But what do the American people see? They see Senators and Representatives who are thinking about their portfolios when they are voting on different measures, including a whole lot of tax credits and tax deductions. They are both different elements.
If someone in this Chamber is sitting on a significant holding--let's say renewable energy stocks--they might be thinking about: I want to promote those stocks, rather than ask the question: Is this the right move for America?
What if they are sitting on fossil fuel stocks or oil stocks or maybe Wall Street stocks and they are thinking, ``I want to give a big break to the banking community on Wall Street to inflate my personal wealth''? That is just absolutely wrong. It is a massive conflict of interest.
About now, 14 years ago, Senator Sherrod Brown and I introduced the idea that we should end this stock trading, and that means buying, that means selling, and that means holding.
It has been a while to build the momentum on this, but even the President of the United States, in his last State of the Union, said we should attack this problem.
And the American people see that, while Members here are thinking about their portfolios--trying to make themselves richer, corrupting their votes on the issues before us--they are suffering.
Instead of thinking about your stock portfolio, maybe you should be thinking about the price of gas at the pump, maybe thinking about the cost of diesel and fertilizer for our farmers, maybe thinking about a war of choice--an unconstitutional war of choice--that is spending more than $1 billion a day.
Maybe we should be thinking about the fact that we have the most expensive healthcare system that delivers the least effective healthcare for a person in the developed world, and maybe we need to improve it.
Maybe we need to think about the fact that the career technical programs in other developed programs--other developed countries--are pretty good and maybe ours should be better.
Maybe we should think about the fact that college debt is a millstone around the neck of our children, when children in other countries are able to go to college debt free.
Maybe we should care about families instead of thinking about our portfolios.
The American people see Congress--the House and Senate Members--and
the President of the United States cashing in on stock trades. The President of the United States actually invested in stocks before announcing big agreements for major companies--buying Dell stock before a major announcement, buying Nvidia stock before a major announcement.
Come on. This is massively corrupt, and we should be ending it. So let's end it.
Entry-level employees and executive branch Agencies are required to recuse themselves from conflicts of interest, but Senators and Representatives think it is just fine to get rich on conflicts of interest and corrupt their representation of the public.
That is why we need the ETHICS Act, which would ban Members of Congress and their spouses, their dependents, and the President and the Vice President and their dependents from owning, trading, or holding individual stocks. If they want to invest in America, invest in a broad-based mutual fund that has establishment in all of these industries at once, like the S&P 500 fund.
Members of Congress should be banned from making new trades, and Members of Congress will have to divest their holdings or move them to mutual funds.
There is so much corruption that we need to tackle--banning crypto corruption; banning funding for Trump's gold-plated, billion-dollar boondoggle; stopping insider trading on prediction markets; implementing a binding code of ethics for the Supreme Court; outlawing the taxpayer-funded ``cash for cronies'' slush funds, like the President arranged with his $1.8 billion fund when he sued himself to award himself $1.8 billion of money; banning Members of Congress to have a longer period before they serve as lobbyists; and more.
But Congress can lead by example. Right now, let's pass the ETHICS Act.
Now, some may say: Well, wait. Isn't there this bill coming from the House?
That House bill leaves people holding the very portfolios that we have to get rid of. It preserves the conflicts of interest. That is pretty damn weak tea--keeping the corruption and legitimizing it--and, meanwhile, throwing in an extra measure on the bill that proceeds to engage in the effort to rig the November election.
Wow, well, that is certainly not a serious effort to address this corruption. But the ETHICS Act, it is that serious effort. Let's pass it. Let's ban Members of Congress from trading stocks. Let's make it clear to every American that we are here to serve the people, not our portfolios
Madam President, as if in legislative session and notwithstanding rule XXII, I ask unanimous consent that the Senate proceed to the immediate consideration of the bill at the desk, the ETHICS Act; further, that the bill be considered read three times and passed, and that the motion to reconsider be considered made and laid upon the table.
Madam President, I wish my colleague had actually got a bunch of things right, but he got a bunch of things wrong.
I don't know what propaganda he was reading, from what source that wants to continue the corruption.
But he said that the bill that came earlier today said you could not hold stocks. It actually allows you to hold those individual stocks. It allows the corruption to continue. And yet, he is saying: Oh, I voted for this great bill because it bans holding of stocks. But he is wrong.
There is a reason this was done. It was to allow a vote in the House, a vote in the House that pretended to address the issue, rather than addressing the issue.
And we have had a bill virtually parallel to this bill come through committee. It has been worked on in committee. Many of these elements and nuances--great. Fine. Let's continue that conversation. But don't come to this floor and misrepresent the bill that you voted on earlier tonight as having banned the holding of stocks because it allows it.
And second, blind trusts. They are called bogus blind trusts. As one Member of this body said to me: I meet every quarter with the guy who runs my blind trust.
You want another example? Who runs a blind trust for the President of the United States? His family runs it. His son is involved in running his blind trust.
Are you kidding me? Everyone understands blind trusts are not blind. So bring a bill that doesn't have bogus blind trusts.
It has an extensive exemption for small businesses, and yet we heard a lot of conversation about small businesses.
And then voter ID. Can't we be honest about the voter ID strategy? It was written to disenfranchise--fancy word for block citizens from voting that Republicans don't want to vote.
The President put forward an Executive order that said: You have to submit your voter roll to the President's team, they will decide who votes, and send the list back to you.
And then they went and got an ethics act--not an ethics act--SAVE Act--the SAVE Act. What did the SAVE Act say? The same thing. The President gets to decide who votes. That didn't pass here. And it didn't even have a majority support here, let alone supermajority support.
So, the President did another Executive order. And under this order, the President would strike down--his team would strike down people that look suspect to them.
What are we talking about? We are talking about 64 million American women whose last names do not match their birth certificate. Your name doesn't match your birth certificate, you can't vote. And the President could strike this down right before the election, making it impossible for people to proceed to get reauthorized to vote. And they couldn't even get reauthorized to vote, reregistered to vote, using their birth certificate. Wow.
And they didn't want Native Americans to vote, so they put in a provision that said any ID that doesn't have an expiration date is excluded. Well, you know, you are not a Tribal member year by year or month by month, my friends. You are a Tribal member for life. They don't have expiration dates. They knew that, and they put it in to stop Native Americans from voting.
Why? Why do you want to stop women from voting? Because they vote more on the blue side of the aisle.
Why do they write those ID requirements to stop Tribal members from voting? Because they vote more on the ``D'' side of the aisle.
People have called this Jim Crow 2.0. What are they talking about? After the Civil War, we had a national consensus, we were going to protect people's right to vote. And in the South, you had a lot of States that had a majority of Black citizens.
To this very Chamber, 2 U.S. Senators were elected from Mississippi; 14 Members of the House were elected from the South that were Black Americans. And then reconstruction ended in a horrific deal that was struck and the result was almost a century of blocking Black Americans from voting. And that is what the President wants to do.
Not specifically Black Americans, not the same way, but any group that votes predominantly on the blue side of the aisle.
Now, we actually had a bill, and it was called the Freedom to Vote Act. It had ID in it, but it wasn't ID designed in a partisan fashion.
So I say to my good colleagues: How about you actually come forward with a version of ID that isn't designed for partisan advantage? That would honor the vision of the Constitution. That was what was in the Freedom to Vote Act.
And the President wants to attack vote-by-mail. And why is that? Vote-by-mail is the highest integrity system in the land, bar none. Why is that? Because on election day, it is easy to manipulate the election.
Here is what you do: You change the location of the precinct voting from the previous year so people go to the wrong place; you proceed to put out false information about the location; you put out the wrong date for voting; you put out text messages--and this has been done-- saying ``sorry you missed the election last week, hope you will vote next year'' when the election is actually coming up the next Tuesday; you put in machines that don't work; you put in staff members that don't work; you perceive to create 8-hour lines like they created in the urban areas of Georgia--recent history.
That manipulation can't be done in vote-by-mail. That is why the President hates vote-by-mail, because it stops the rigging of American elections on election day.
And it has this very powerful form of voter ID called a signature. The same thing we use to verify checks and so many other transactions in life. Same signature we use on our marriage certificates. Same signature we use on financial transactions. And if the signature doesn't match, it gets challenged, and a voter has a chance to cure it.
My point here is that the bill that came before this Chamber earlier today was designed to rig the November election--my colleagues know that--and it allowed the corruption in stockholding to continue.
That is why we are creating and putting forward a real bill with real ethics tonight.
Madam President.