Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. We appreciate the opportunity that the Senator has given us. Mr. President, I want to discuss the situation that is developing, questioning the value…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
We appreciate the opportunity that the Senator has given us.
Mr. President, I want to discuss the situation that is developing, questioning the value of the separation of powers, about whether one of the powers has rights that succeed the powers of the other. Particularly, my subject now regards the judiciary and whether it is a free, unencumbered judiciary, as it ought to be.
Yes.
Yes, I would be pleased to. Mr. President, I ask the Senator from Massachusetts, why should we be surprised they ask for more protection? We have seen atrocious assaults on members of the bench and their families.
What we see is, I think, the beginning of a firestorm, and the problem is that the fuel is being provided by comments made here and in the other body.
I start off by reading from article III, section 1 of the U.S. Constitution. It says:
The judicial Power of the United States, shall be vested in
one supreme Court, and in such inferior Courts as the
Congress may from time to time ordain and establish.
It is pretty clear to me. It says judicial power is vested in our courts, not in the Congress. The Constitution gives the Senate a role in the appointment of judges, and we are supposed to provide advice and consent, not direction. But once a judge is seated on the bench, his or her decisions are not subject to our approval.
The Founding Fathers, in their brilliance, set it up that way on purpose. They wanted to make sure that court decisions would be based on legal grounds, not political grounds. But today there is an orchestrated effort to smear the reputation of the judiciary, especially Federal judges. And the effort is being waged by Republicans in Congress as a prelude to an attempt to change the rules for confirming judicial nominations.
In order to justify this nuclear option, they are trying to paint judges as ``activists'' and ``out of control.''
In reality, it is the leadership of this Congress that is out of control and endangering the future of a fair court system.
In this Chamber on Monday, one of our colleagues said Americans are becoming frustrated by the rulings of the judges--so be it; that is all right, you can be frustrated as much as you want--but then he accused the judges of making ``raw political or ideological decisions.'' That was in the quote from our colleague's statement.
He went on to say:
I wonder whether there may be some connection between the
perception in some quarters, on some occasions, where judges
are making political decisions yet are unaccountable to the
public . . . that it builds up and builds up and builds up to
the point where--
Listen to this--
where some people engage in violence.
These are comments made by a Senator. The remarks are almost unbelievable. Yet they echo the words last week of the House majority leader. Speaking of the judges in the Schiavo case, the House majority leader said:
The time will come for the men responsible for this to
answer for their behavior.
What does that imply? These are inflammatory words. They ignore the fact that our Founding Fathers wanted judges to be insulated from political pressure, and they are words that could easily incite violence against judges.
On this past Sunday, a columnist in the hometown newspaper of the House majority leader, the Houston Chronicle, wrote:
It is time for him to stop sputtering ill-tempered threats,
not only at the judiciary but also at the U.S. Constitution,
which he repeatedly has sworn to uphold.
There were two matters that made things worse, two recent episodes to which the Senator from Massachusetts made reference involving violence against judges and their families. In Chicago, a man fatally shot the husband and the mother of a Federal judge who had ruled against him in a medical malpractice suit. And in Atlanta last month, a man broke away from a deputy, killed four people, including the judge presiding over his rape trial. Is that what these people see? Is that what our colleagues saw? Is that what the House majority leader saw, an opportunity to take revenge on judges who make decisions with which they disagree? What are we, some lawless nation where if you do not like it, you kill the person who did it?
Were these judges who suffered terribly while performing their official duties activists? Were they out of control?
The message being sent to the American people by the other side of the aisle is not only irresponsible, but downright dangerous to our Nation's judges.
Like the nuclear option, the goal here is to have judges make political decisions rather than legal decisions. They are trying to intimidate sitting judges, and they are trying to change Senate rules to get bad judges on the bench.
I vow to fight this nuclear option, as well as these irresponsible threatening statements. I do that for my family and for American families across this country.
In my view, the true measure of democracy is how it dispenses justice. In this country, any attempt to intimidate judges not only threatens our courts but our fundamental democracy as well.
I note that a letter was sent out most recently by the distinguished majority leader. It is dated March 31, 2005. He invites colleagues--it says: ``Get a Fresh Perspective on Our Nation's''--this is on the majority leader's stationery--``Get a Fresh Perspective on Our Nation's Religious Heritage with a Special Tour of the U.S. Capitol'':
Dear Colleague: I am writing to invite you and your family
to a private tour of the U.S. Capitol Building with
WallBuilders' President, David Barton, on Monday, April 11,
2005. The walking tour will commence at my office--
And he identifies the location of his office and the time, and then adds:
David Barton is the founder and President of WallBuilders,
a national pro-family organization which distributes
historical, legal, and statistical information, and helps
citizens become active in their local schools and
communities. He is an historian noted for his detailed
research into the studied the religious heritage of our
nation. Among some of the interesting facts made by Mr.
Barton:
The U.S. Capitol served as a church building for decades.
The first English-language Bible in America was printed and
endorsed by the United States Congress.
The original Supreme Court--composed of numerous signers of
the Constitution--began their sessions with ministers coming
in and praying for the Court, the jury, and their
deliberations.
The majority leader goes on to say:
You will also learn inspiring stories behind the faces,
paintings, and statues in the U.S. Capitol Building and view
original documents from George Washington and others . . .
which are depicted in artwork. . . .
I have read something of Mr. Barton's biography:
Mr. Barton intends to prove that the separation of church
and state is a myth, and that America's Founders intended for
the United States to be a Christian nation.
Does that mean those of us who are not Christian--whether Muslim, Jewish, or some other religion--are not part of this great nation?
The majority leader is the one making this suggestion. Mr. President, I ask unanimous consent that this letter be printed in the Record.
Mr. President, I quote from this report:
Now Barton appears to be angling for a spot on the national
stage. He is touring the nation again, this time with
financial support from the Republican National Committee as
part of what is described as a larger get-out-the-vote
effort.
As he tours the country, Barton leads pastors in sessions
examining the role Christianity played in America's founding
and puts forth his usual shaky thesis. But Barton doesn't
stop there. Barton's not-so-subtle message is that America's
Christian heritage is at risk--and only voting Republican can
save it.
I want those who hear me across America to pay attention: ``Christian heritage is at risk.'' That means that all the outsiders, all of those who approach God differently but are people who believe in a supreme being; people who behave and live peacefully with their neighbors and their friends. No, this is being put forward as an attempt--a not too subtle attempt--to make sure people understand that America is a Christian country. Therefore, we ought to take the time the majority leader offers us, as Members of the Senate, for a chance to learn more about how invalid the principle of separation between church and state is.
I hope the American public sees this plan as the spurious attempt it is.
I ask my colleagues if they want to go to a Christian-only spokesman who will tell us about how insignificant the separation between church and state is. The question is fundamental to the Constitution. Are we a country of laws? If we are, then we must respect the law and we must hold the law free from threats.
How does it feel when one looks at the Federal judge in Chicago who had her husband and her mother murdered because someone disagreed with her legal decision? How do we feel about seeing this guy break loose in Atlanta and kill the judge and a deputy? Senator Kennedy just mentioned the fact that there was a $12 million request for security for judges and courtrooms. I do not blame them. This is not some lawless country where if a judge makes a decision he better run for his life; nor is it Iraq, where those who are upholding the law are getting killed because other people disagree with them. We should not stand for this.
I ask the majority leader to withdraw that invitation to tour the U.S. Capitol with this man who says that this should be a Christian- only country. How can he dare undermine the principles that are in our brilliant Constitution that was written so many years ago? We are entering a dangerous period, in my view.
I yield the floor.