Mr. Chairman, I thank my distinguished colleague, and I appreciate his leadership on this issue. The gentleman from California (Mr. Rohrabacher) spoke eloquently about the need for the Rohrabacher/ Baird amendment; and I would like to…
Mr. Chairman, I thank my distinguished colleague, and I appreciate his leadership on this issue. The gentleman from California (Mr. Rohrabacher) spoke eloquently about the need for the Rohrabacher/ Baird amendment; and I would like to address it briefly, if I may.
Madison is quoted on this topic, but let me quote Madison from Federalist 47. He said: ``The accumulation of all powers, legislative, executive, and judiciary in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elected, may justly be pronounced the very definition of tyranny.''
Now, I would like, if I may, to ask my colleagues, before we pass this appropriations bill with legislative language in it alleging to maintain continuity, to maybe address a couple of questions, before my colleagues vote on this, and I will yield time. Not for a filibuster, but just to address some questions.
How will we, given Madison's concern, maintain checks and balances during the 49-day period until we have the special elections? I would be happy to yield 30 seconds to anyone who plans to vote for this bill to address that question.
I yield to the gentleman from Illinois.
Mr. Chairman, reclaiming my time, the fact is this Congress took a number of very important actions, as the distinguished gentleman from Illinois knows, during that same time period. Let me ask this: If what the gentleman is saying is that we are not going to do anything, the executive branch has all the control, then how do we not just define Madison's very definition of tyranny? And if that is the case, are we not with this bill promoting tyranny in this country?
I yield to the gentleman from Illinois.
Mr. Chairman, reclaiming my time, I would beg to differ, and the gentleman, I think, is inaccurate historically.
Mr. Chairman, I do not have it on the top of my head, my friend; but I can say that it is much faster than 7 weeks. I would assert, furthermore, that if the gentleman's assertion is that we do not need the United States Congress post a catastrophic attack, I think you are making a mistake and doing a disservice. If that is what you are voting for, then let us be honest with the American public, as apparently the chairman of the Committee on the Judiciary has been.
We are voting with this bill to allow martial law, and I think that is a grave mistake.
Let me continue, if I may, and ask a few other questions. How many millions of Americans are you willing to leave without representation as article I, section 8 responsibility such as declarations of war, appropriations of funds, et cetera, are made? How many millions of Americans is the gentleman willing to leave without representation?
Okay. So we do not have that answer.
Let me ask this question: under the bill, the section that is proposed, I have yet to figure out what happens to this body.
Mr. Chairman, I would suggest that with these questions remaining, we should not be passing this legislation in the manner in which we are. We need a full and open and extensive debate on this.
Mr. Chairman, I offer an amendment.
Mr. Chairman, I yield myself such time as I may consume.
I want to revisit this issue, and I want to clarify a couple of things. The opponents of a real continuity solution have asserted that the gentleman from California (Mr. Rohrabacher) and I would take away the right to election. Nothing could be further from the truth. We believe we need real elections, not hasty elections, not elections in which the candidates are chosen by the party, but elections in which there is time for deliberation, elections in which there is time for overseas people to vote, elections in which we can have real candidates, real debate, real primaries, et cetera.
So we all agree that we should have real elections; that is the ideal. But the question is, should we have a Congress in the interim?
I have heard the chairman of the Committee on the Judiciary point out that in the days post-9/11 it was an elected Congress, not an appointed Congress, that made decisions. He is absolutely right, because we had a Congress. My colleague from Illinois will recall that, in fact, the PATRIOT Act was passed during that 7-week interregnum; and interregnum may be the proper word because if we do not have a Congress, we would have effectively a monarchy or an appointed administration.
Let me raise a couple of other points. Article I, Section 8, of the Constitution, as we all know, details a host of functions of this Congress. I have yet to hear how those functions get carried out during this 7-week period, save for the apparent explanations that the Congress does not have anything to do, and the Constitution Subcommittee chair's explanation that we will have marshal law.
I for one did not run for this seat to bequeath marshal law as our legacy if we are eliminated by terrorists. People on the other side of this argument have said, oh, if we have anything but a direct election, the terrorists have won. I personally consider marshal law a substantial victory for the terrorists, a substantial victory.
Far preferable would be some mechanism in which the terrorists and the rest of the world could see the Congress of the United States reconvening with legitimacy and with distinguished statesmen from both sides of the aisle to conduct the people's business until such time as we had really elections.
It has been argued that we need to do this statutory fix because constitutional amendments take time. Yes, they do. But the Constitution did not say if it is going to take you too long to amend the Constitution, do it by House rule.
At the start of this Congress, the first order of business was to pass the House rules. The second order of business was to pass a rule that was unconstitutional. Sorry. The first order of business was to swear an oath to uphold the Constitution. The second order was to pass a rule that was patently unconstitutional. By that I mean we passed a rule that essentially says a quorum can be one or two people. The first order of business of the first Congress of the United States was to adjourn for lack of a quorum.
Now, the distinguished gentlemen from California (Mr. Dreier) likes to quote Madison. So do I. Madison was present in that first Congress. He was a Member.
He supported movements to adjourn because they lacked a quorum. And yet this body says, well, gee, you know, it takes too long to amend the Constitution, so let us do things unconstitutionally at a time of national crisis.
This is not the way to go about it. The gentleman from Georgia (Mr. Kingston) was right. The gentleman earlier spent some time talking about horse manure. I think we need to spend more time on constitutional issues than we spend on horse manure, but we have not. In this Congress we have spent so much time debating so many things of much less importance, and it is fair enough to say that my amendment did not pass. I respect that. That is what this process is about.
But, here is what you have not said, that myself and the gentleman from California (Mr. Rohrabacher) put forward a rules proposal that would have allowed multiple solutions to this to be debated. Multiple amendments. We could have had a serious and open and extensive debate. I have to tell you, when I talk to my colleagues and I ask them these questions, how many constituents are you willing to leave, how many millions of Americans with no representation at all, no representation, during a time of national crisis; how willing are you to have a Cabinet member serve as President, with no checks and balances, Secretary of Agriculture, Health and Human Services. Most Americans do not even know these folks.
If you are so concerned about elected representation, are you not equally concerned about an unelected President with no checks and balances? I certainly am.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself the balance of the time.
Mr. Chairman, it is a perverse reasoning that suggests that having no representation here at all somehow provides you better representation than to have someone appointed by the person you last elected.
You are trying to say that we do not have a Democratic Republic if the elected representatives from other States can have a vote equal to someone from your State. I believe the best way to have a Republic is to have representation from all of the constituents.
If that means temporary appointments, so be it. Finally, we have heard so many times one distinguished scholar quoted, and he is indeed a distinguished scholar. But let me point out to the gentleman from California (Mr. Dreier) as he well knows, the bipartisan 9/11 Commission, which included Newt Gingrich, Tom Foley, Alan Simpson, Lloyd Cutler, a host of other scholars, has rejected essentially the proposal by the distinguished gentleman from Wisconsin (Mr. Sensenbrenner), and has concluded with great reluctance that we do indeed need a mechanism to amend the Constitution so that whatever mechanism is arrived at is constitutionally valid.
I would weigh the weight of their testimony and their objectivity and their bipartisanship against one single individual that you continually quote.
Major Votes in the U.S. House of Representatives, September 11-October
26, 2001
September 13, 2001. H.R. 2884, Victims of Terrorism Relief
Act of 2001. The bill exempted individuals killed in the 9/11
terrorist attacks, or who die as a result of injuries
suffered in those attacks, from paying federal income tax in
the year of their death.
September 13, 2001. H.R. 2882, Expedite Public Safety
Office Benefits. This bill directed the Justice Department to
expedite the benefit payment process for the public safety
officers (and their families) that were killed or suffered
catastrophic injuries sustained in the line of duty in
connection with the terrorist attacks of Sept. 11.
September 14, 2001. H.R. 2888, 2001 Emergency Supplemental
Appropriations Act for Recovery from and Response to
Terrorist Attacks on the United States. The bill appropriated
$40 billion in emergency funds to pay for the costs of
recovery from the 9/11 terrorist attacks and to counter,
investigate and prosecute terrorist activities.
September 14, 2001. H.J. RES. 64, Authorization of Force.
The resolution authorized the president to use ``all
necessary and appropriate force against those nations,
organizations, or persons he determines planned, authorized,
committed, or aided the terrorist attacks that occurred on
Sept. 11, 2001.''
September 21, 2001. H.R. 2904, Military Construction
Appropriations for FY 2002. The bill appropriates $10.5
billion for military construction programs in FY 2002.
September 21, 2001. H.R. 2926, Air Transportation Safety
and System Stabilization Act. This bill provided $15 billion
in assistance to the U.S. airline industry to help stabilize
the financial condition of the industry in the wake of the
terrorist attacks on Sept. 11--$5 billion in immediate cash
assistance and $10 billion in loan guarantees.
September 24, 2001. H.J. RES. 65, Continuing Appropriations
for FY 2002.
September 25, 2001. H.R. 2586, Department of Defense
Authorization for Fiscal Year 2002.
September 25, 2001. H.R. 2944, District of Columbia
Appropriations for Fiscal Year 2002.
October 5, 2001. H.R. 2646, Farm Security Act.
October 11, 2001. H.R. 3061, Labor-HHS-Education
Appropriations for Fiscal Year 2002.
October 12, 2001. H.R. 2975, PATRIOT Act.
October 17, 2001. H.R. 3004, Financial Anti-Terrorism Act.
The bill gives the Treasury Department new powers to combat
money laundering by imposing additional record-keeping
requirements and by restricting or banning dealings with
suspect foreign financial entities.
October 17, 2001. H.R. 2904, Military Construction
Appropriations for FY 2002.
October 17, 2001. H.R. 2217, Interior and Related Agencies
Appropriations for FY 2002.
October 23, 2001. H.R. 3160, Bioterrorism Enforcement Act
of 2001. The bill established criminal penalties for the
unsafe or illegal possession or transfer of certain
biological agents and toxins--including anthrax--and it
required the Health and Human Services Department (HHS) to
develop new regulations governing the possession and use of
those substances.
October 24, 2001. H.R. 3090, Tax Incentives for Economic
Recovery. The measure provided business and individual tax
cuts totaling $99.5 billion in 2002 and $159.4 billion over
10 years.
October 24, 2001. H.R. 3162, USA PATRIOT Act Conference
Report.
October 25, 2001. H.J. RES. 70, Continuing Appropriations
for FY 2002.
Mr. Chairman, I demand a recorded vote.