Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank the gentleman from Texas for yielding me time. Mr. Speaker, I pledge allegiance to the flag of the United States of America because I believe in its stars and…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I thank the gentleman from Texas for yielding me time.
Mr. Speaker, I pledge allegiance to the flag of the United States of America because I believe in its stars and stripes, and I believe that they symbolize our strength and our diversity. I do so out of respect for and love of our country, not because the cameras are rolling and voters are watching. Apparently, the same cannot be said of some of my colleagues on the other side of the aisle.
The underlying legislation, more than anything else, is about the politics of a national election. The Republican political spin machine is in full
gear playing, in my view, to the lowest common denominator, to reinvigorate some who may not be as invigorated as the majority party would wish that they be. Instead of wrapping themselves in the flag and marketing their candidates with gimmicks, the majority in Congress ought to work for the people and legislate in their interests.
Senator Kerry recently said it very well. He said, ``The flag doesn't belong to any President, it doesn't belong to any ideology and it doesn't belong to any political party. It belongs to all the American people.''
The underlying bill is totally unnecessary since there is no binding decision in any court, Federal or State, holding that ``under God'' in the Pledge is unconstitutional.
This is a solution in search of a problem. Given the serious challenges we face, we must act responsibly. But this unnecessary legislation, designed by political consultants as the answer to an uninspired right-wing constituency, detracts from the real work that needs to be done in this body.
In 8 days, 13 appropriation bills must be signed into law. So far, only one has the President's signature. Not even the appropriation for Homeland Security has been completed, despite the terrifying threats the Nation faces. Similarly, this coming Friday the authorization for Federal transportation programs is scheduled to expire and we are nowhere near a new transportation bill.
Did you hear that? Congress has one requirement, to pass the appropriations bills, to act responsibly and pass all 13 appropriations bills before September 30. Under this leadership, Congress has failed miserably.
Why has this congressional session been so disastrous, you might ask? Well, it is because the majority has made the conscious decision to play politics, rather than legislate; to squander opportunities for success, rather than create them; to give lip service to the Nation's needs, rather than address them. The underlying bill is an illustration of that irresponsibility, and in my view, it is ridiculous.
We are at war, a war on terror and a war in Iraq. Unemployment is high, jobs are being outsourced abroad, the economy is anemic, people cannot afford housing at the lower rungs of our economy, health care costs are through the roof, and more than 44 million Americans are uninsured. Right-wing Republicans are suffering the consequences of the wrong decisions made during these years that just passed, as are liberal and moderate Americans; and I, for one, wish this body were discussing how to solve these pressing problems instead of legislating on nonissues.
Now, more than ever, we must use the legislative session wisely and productively to strengthen America's way of life. Now, more than ever, we must do what is necessary to promote the principles that have made us strong.
Simply put, the underlying bill is, at its core, un-American. Indeed, passage of this legislation would represent one of the broadest attacks on the separation of powers in American history. If Congress, by statute, can end-run the Bill of Rights, no rights to liberty, due process or equality under law are safe. Further, it would set the terrible precedent of barring citizens from challenging government infringement of fundamental rights in Federal court.
Mr. Speaker, the Pledge of Allegiance is the recitation of the strong sense of patriotism and pride for American ideas and rules. Throughout my lifetime and that of many of our colleagues on both sides of the aisle here, we have tried to live up to its underlying values. I have done so, as have many of my colleagues, out of conviction, and not at the insistence of a paid political strategist that suggested legislating patriotism.
In the name of liberty, in the name of democracy and in the name of religion, I oppose the underlying legislation, and I call on my colleagues to do the same.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
I shall not take an awful lot of time, but I do have a considerable amount of experience in this area, and I can tell my colleagues that the Doctrine of Judicial Review, the notions with reference to ``fundamental due process'' and ``full faith and credit'' are matters that we should hold dear and not be about the business of court- stripping on specific matters.
The gentlewoman from Illinois (Mrs. Biggert) put forward the exact proposition that I did in last night's Committee on Rules among other things that she has said with which I agree, and that is that another day will come, and this establishes a bad precedent. I note that the original sponsor of the measure is here, and I put to him that question last evening. Perhaps, he and I will have an opportunity for a further exchange with reference to the same matter.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume. I would ask the gentleman from Missouri to participate in a colloquy with me, if he would.
Mr. Speaker, I asked last evening what jurisdiction in the United States of America today exists where a child cannot say ``under God'' in the Pledge of Allegiance?
I yield to the gentleman from Missouri.
Mr. Speaker, reclaiming my time just for the moment, that is that same Supreme Court that the gentleman would prefer not have jurisdiction in these matters, no matter whether they rule on a technicality. The gentleman's argument is that the Supreme Court makes mistakes because it is constituted of human beings.
Well, let me tell my colleague, a whole lot of mistakes are made in this body of us, 435-plus and five territories, because we are human beings. But respect for the courts is key and critical,
and to refer, for example, judges with whom I disagree, I call them strict constructionists, but I do not demean them. And I do not come down here and refer to them because I have a different point of view. I am from Florida. The United States Supreme Court made a decision that I thoroughly disagree with. But at the very same time, I respected that decision and went about my business, because it is the Supreme Court. We have three branches of government, not one that can make all of the laws.
Mr. Speaker, again reclaiming my time, the fact of the matter is that the Dred Scott decisions, Plessy v. Ferguson, a litany of decisions were changed over time.
One thing I would urge my colleague to really pay attention to, I will give him an illustration of two of this Nation's most prominent judges: One, Felix Frankfurter; and the other, Hugo Black. Hugo Black was a former member of the Ku Klux Klan, and Felix Frankfurter was an activist American civil libertarian. And when they went on the United States Supreme Court, they were ideological opposites. Over the course of time and events, if the gentleman will read their decisions, they changed.
My fear, as I have said, is, one day, we are no longer going to be in Congress. One day, mark my words, a different party will be in the majority. One day, conditions in the United States will be different. One day, world affairs will dictate an altered world reality. I ask my colleagues to vote against the underlying bill because if the reaction to these different scenarios goes beyond the constitutional limit, we would have already created the precedent that Congress cannot be checked and balanced by the judicial branch. That would be unfortunate.
Mr. Speaker, I yield back the balance of my time.