Mr. Speaker, I would like to thank my good friend, Mr. Welch, the gentleman from Vermont, for the time, and I yield myself such time as I may consume. Mr. Speaker, this rule, which is a framework under which legislation is brought to the…
Mr. Speaker, I would like to thank my good friend, Mr. Welch, the gentleman from Vermont, for the time,
and I yield myself such time as I may consume.
Mr. Speaker, this rule, which is a framework under which legislation is brought to the floor, if passed, will allow the House to consider legislation under suspension of the rules until Sunday.
Suspension of the rules is a procedure by which the House of Representatives generally acts to approve legislation promptly. Legislation considered under suspension of the rules is usually noncontroversial. It usually has bipartisan support, by virtue of the fact that in order for bills to pass under that procedure known as suspension of the rules bills have to pass with at least two-thirds of the votes of the House.
Yesterday I came to the floor to manage for the minority a similar rule. I did not ask for a vote in opposition regarding that rule yesterday. But today I must rise and oppose this rule, because unlike yesterday's rule, today's rule does not specify which bills the House of Representatives will consider. Instead, this rule, this framework that we are going to vote on now, in a few minutes, this rule provides blanket or blind authority to the majority.
Now, yesterday we received a list of 44 bills that the House was being authorized to consider. But today we received nothing, just a request in effect for absolute power to bring legislation to the floor. So this will allow the majority to bring legislation to the floor that most Members haven't even heard about, much less read, not to mention that we will have absolutely no chance to amend any of the bills.
According to a senior member of the majority on the Rules Committee, such a procedure is ``outside the normal parameters of the way the House should conduct its business. It effectively curtails our rights and responsibilities as serious legislators.''
Mr. Speaker, I believe it is quite unfortunate that the majority has opted to pursue this path. In reality, this is the sixth time that the majority is bringing forth a rule like this during this Congress. I know the majority will claim that is the same number, the same amount of times that the 109th Congress used this procedure, but I would remind our friends on the other side of the aisle that in every other record for limiting debate in the House, they have far exceeded the 109th Congress, and that is so even though on the opening day of the 110th Congress the distinguished chairwoman of the Rules Committee, Ms. Slaughter, came to the floor and said that the new majority would ``begin to return this Chamber to its rightful place as the home of democracy and deliberation in our great Nation.''
So, let us take a look at their record-breaking performance, Mr. Speaker. First let us begin with closed rules.
There can be few, if any, parliamentary procedures that are more offensive to the spirit of representative democracy than the closed rule. Those rules, closed rules, block Members from both sides of the aisle from offering amendments to legislation, no matter their party affiliation. When the House of Representatives is operating under a closed rule, all Members are shut out from the legislative process on the floor. Even though the majority promised a more open Congress, they silenced the voice of every Member and of all the constituents of every Member a record 64 times, Mr. Speaker. Sixty-four times.
No other Congress in the history of the Republic has ever brought forth so many closed rules. No other Congress in the history of the Republic has brought forth 64 pieces of legislation during one Congress under the parliamentary procedure known as the closed rule, that shuts out all amendments, all possibility of Members, from both sides of the aisle from introducing amendments.
The consistent use of closed rules by the majority is most unfortunate. It is really, I believe, quite offensive to the democratic spirit, and really obviously a contradiction with regard to the promises made by the majority.
They have also systematically bypassed the conference process, the process by which the House and Senate reconciles differences on legislation before voting on a final version, an identical, final version of legislation before sending it to the President. They have systematically bypassed this conference process, effectively shutting out the minority from having a say on legislation that makes its way to the President's desk.
They also have used a technique known as ping-pong 14 times to subvert the rights of the minority to offer motions to recommit and amendments. Now, in comparison, in the 108th and 109th Congresses combined, that technique, ping-pong, that the majority has used 14 times during this Congress, that technique was used a total of three times in the prior two Congresses.
So, again, the tendency can be seen time and time again, in contradiction, direct contradiction to the promises to go in the other direction, to go in the direction of transparency and fairness and openness. So with ping-pong we also see the tendency of the majority not fail.
They also considered 45 bills outside the regular order. They blocked minority substitute amendments, allowing only 10 minority substitute amendments, again, even though they promised a procedure that, ``grants the minority the right to offer its alternatives, including a substitute.'' Again, the majority contradicted its own promise, directly, directly contradicted its own promise again.
Now, these records that I have alluded to, do not etch them in stone yet. We still have a few days left in the 110th Congress. I would bet that the majority will break their own records yet again and, once again, their promises for a fair and open Congress.
Mr. Speaker, I reserve the balance of my time.
I thank my friend for his presentation.
Mr. Speaker, it's important to point out, that we make distinct and analyze a number of the matters that we have brought forth.
With regard to the ability of the House to consider suspension bills, it's evident that that is a process that has much tradition. My objection, and I know that in the last Congress it was done six times, and it's done six times in this Congress, but I think it's unfair, really, in an exceptional way to the membership, for them, for Members not to know even the title of legislation that is being brought forth so that, along with their staffs, they can study bills that are expected to be noncontroversial because of the two-thirds requirement, but there is a great difference. We all accept that suspension bills are a part of the process towards the end of the session, but there is a great difference between authorizing suspensions that are identified, legislation bills that are identified, like we did yesterday, and, you know, in a blanket way authorizing the majority to bring forth any bills on suspension without even identifying them, which is what we are doing today.
There is a difference. Yes, it was done six times in the last Congress, and it has been done six times in this Congress.
What I pointed out was that the tendency toward unfairness becomes evident when one analyzes the entire spectrum of activity by the majority, procedurally, six and six on what I consider to be inappropriate formats for presenting suspension bills.
But when we leave that particular aspect of the suspension bills unidentified, and we analyze, for example, the closed rules, there the majority broke the record in a significant way, 64 closed rules. That's extraordinary, that's unprecedented.
I would remind you that the closed rule is most undemocratic. Then my friend referred to the ping-pong process, the process by which conference is avoided. In the last Congress, there was a similar situation of one party in control of both Houses as there is in this Congress. Yet the times in this Congress that conference has been avoided just went through the ceiling, went through the roof, in comparison to the past. I think it was three versus 14 times. It's extraordinary, the difference. And when we analyze all of this in conjunction with and in the context of the promises made by the majority to improve instead of to worsen significantly. In other words, the promise was, with regard to these questionable procedural processes, or manners of acting, rather, the promise was, we are going to improve, we are going to have transparency, we are going to have openness, we are going to have fairness. That was the promise.
Then when you see that promise and you juxtapose it to the reality of performance, and the reality of performance is much worse, is much more unfair, it really becomes dramatic, the contrast between promise and performance. That's what I was alluding to.
With regard to some points made by my friend, it's almost inevitable for my friend from Vermont not to make appropriate and quite defendable statements, because he is one of the most respected Members of this House, and in the short period of time that he has been here, he has earned that respect on both sides of the aisle.
But I think it's appropriate to analyze, without passion, the points that I brought forth with regard to the great contrast between promise and performance of this majority. It's a dramatic contrast and an unfortunate contrast.
I would ask at this time, my friend, if he has any other speakers.
That being the case, Mr. Speaker, ``man is man plus his circumstances.'' That is one, I think, of the wisest sayings I have ever heard by one of the great philosophers of the 20th century, Jose Ortega y Gasset, who led a fascinating life. He was a professor in various universities in Spain, actually dabbled in politics, was a member of the parliament during the Second Republic in the 1930s in Spain, and then was a long-time exile.
Toward the end of his life, I think he returned to Spain but just for a short period of time because he did not outlive the Franco dictatorship and Ortega y Gasset never wanted to live nor, quite frankly, visit his country under dictatorship.
But that phrase, ``man is man plus his circumstances,'' I think, summarizes so much of life. And so we today, while not engaged, because this is a procedural debate and I would expect my friend on the other side of the aisle to agree that perhaps it is not one of the most popular to watch if a guest were here in the galleries because it is procedural, this debate. And yet process really is key to the functioning of representative democracy, Mr. Speaker.
Why do I say that: because the rights of the minority are just as important
as the right of the majority to rule. You can't have a functioning, a genuine, representative democracy unless, along with the right of the majority to rule, the minority has the right to be heard. And the opposition, the minority, has the right to play a significant role. And so process is what makes that possible. Without process, guaranteeing the rights of the majority to rule and the minority to be heard and to have all of the procedural rights followed by the majority, without that process, there can be no representative democracy. And so even though this debate may seem somewhat technical, process is important.
I reserve the balance of my time.
Ortega y Gasset. In Spain, you often have compound names or long names. Ortega y Gasset. An extraordinary philosopher, really a liberal in the best sense of the word and an open man, a man open to realize, my distinguished friends, that good ideas often come from not only both but all political viewpoints. And Ortega y Gasset was one such thinker. I highly recommend him to such an erudite, studious not only here Member of the House but generally a man of the law as my friend.
I thank my friend.
``Man is man plus his circumstances.''
Repeat the name of the author.
I thank my distinguished colleague for his remarks, and for this opportunity of being able to bring forward the points that we both brought forward today.
Mr. Speaker, let me say at this point that Americans are really upset with regard to spending more and more of their paycheck for energy needs. For months they have been calling on Congress to consider legislation to help lower the price of gasoline.
Just like the American people, the minority has been calling for legislation that will help the American consumer with the skyrocketing price of energy. Yet every time the minority has tried to debate comprehensive energy legislation, the majority has blocked and stymied our efforts.
In August, the majority decided to close shop, head back to their districts, instead of really seeking to solve, in a comprehensive manner, this extraordinary issue facing our constituents, which is the rising price of gasoline.
So I would imagine the majority heard quite a bit from their constituents in August, because when they returned in September they decided that they would finally, at least, debate energy legislation.
Last week the majority brought to the floor their so-called Comprehensive American Energy Security and Consumer Protection Act, which really, ironically, did nothing to produce energy or provide Americans with energy security since really it only, that legislation, increased our dependence on unstable foreign sources of energy. So that bill is most unfortunate. Also, it won't be enacted into law, and it was only put together to provide the majority with a kind of political cover to say that they actually passed energy legislation, when, in reality, they did nothing.
Now, the majority is set to end this Congress and, really, any chance to actually pass a comprehensive energy bill, comprehensive energy legislation will also end with this Congress for now. Our point is that this is not appropriate. We think that the energy issue is of extraordinary importance, and that we should not leave without comprehensive energy legislation.
Mr. Speaker, I will be urging my colleagues to vote ``no'' to vote with me to defeat the previous question so that the House can finally consider comprehensive solutions to rising energy costs. If the previous question is defeated, I will move to amend this rule to prohibit the consideration of a concurrent resolution providing for an adjournment until comprehensive energy legislation has been enacted into law.
Mr. Speaker, I ask unanimous consent to insert the text of the amendment and extraneous materials immediately prior to the vote on the previous question.
By voting ``no'' on the previous question, Members can assure their constituents that they are committed to enacting legislation to help their constituents with rising energy prices.
I also remind Members that the previous question in no way would prevent consideration of any of the suspension bills.
I urge a ``no'' vote on the previous question.
I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.
Mr. Speaker, on that I demand the yeas and nays.