Madam Speaker, I come here tonight, as we do every month or so, to begin another session of the Constitution hour. Members of the Congressional Constitution Caucus basically use these opportunities to emphasize to our colleagues and people…
Madam Speaker, I come here tonight, as we do every month or so, to begin another session of the Constitution hour. Members of the Congressional Constitution Caucus basically use these opportunities to emphasize to our colleagues and people across the Nation the necessity of ensuring that our government is operating under the intent of our Founding Fathers. Specifically, we look at the 10th amendment which affirms that the authority over most domestic issues belongs to the States, either directly or through their political subdivisions, and to the people therefore themselves. Actually, the exact wording of it is that all powers not specifically delegated to the United States Government is retained by the people or the States respectively.
So we come to the floor as we do every month or so to bring this point home, to educate the Members of Congress, and to have a discussion on the constitutional merits of what we are debating here in the week before and after. In a little while we will look at a piece of pending legislation, a sunset bill, as it were. But before I do that, I would like to yield to the gentleman from Georgia (Mr. Westmoreland).
I thank the gentleman for raising these points. He takes the lead from the gentleman from Maine from the other side of the aisle who had just previously done 5 minutes talking about the energy situation. Let me follow up along those lines before we talk about the sunset bill we want to talk about tonight.
I agree with the gentleman from Georgia that our Founding Fathers would be rolling their eyes and turning over to the proverbial grave if they were ever to look to see the size and scope and depth of regulation of the Federal Government, a far cry from what the Founders ever intended as the appropriate role of government in people's lives.
They did, as the gentleman from Georgia said, put a significant weight and value to that of private property rights, and they did believe that private property was just that, something to be held by the private citizen and not by the government, whether it is the State or Federal, but specifically here on the Federal level.
The gentleman from Maine was making the observation that something needs to be done with regard to the fact that our citizens back home, our constituents back home are aggrieved by the high price of oil, whether it is the gasoline for your car or for the diesel for your truck, or home heating fuel if you are in the northern States such as myself. The gentleman from the other side of the aisle on the majority party would suggest that the answer comes from the Federal Government.
I would suggest that the answer, as far as the Founding Fathers would believe, the answer comes from the private sector, would that the private sector have a free hand and free rein in order to address the problem.
But as we stand here right now, 85 percent of our natural resources in this area of energy offshore of this country are tied up, locked up, if you will, unobtainable for all of us to use as was intended; 85 percent locked up, unavailable for us to be going to get, either oil or natural gas. So we are paying the price for that.
So when the gentleman from Maine from the majority party says that the administration is at fault here, I had to sit and scratch my head and try to remember who is running this House, and which party is running the Senate as well. And of course we know the answer, it is the Democrat Party.
This is not a partisan issue I'm raising here. I think everyone from this side of the aisle would like to extend a hand to the other side of the aisle to try to work together and come to a resolution on this issue.
But if the way that they take is to point blame and blame the President and the Bush administration and the like, that's not going to bring us to closure. That is not going to bring us to a solution satisfactory to the American public.
We need to work together on this.
Likewise, we are not going to get to that solution if all we have is empty promises. I remember all too well a little over 2 years ago, in the 2006 elections, when the, then they were the minority party, but the Democrat Party was saying that they had the solution. They had the answer to the oil problem and the oil crisis and the price of gas at the pump, and if they were elected, they said, and they were put into the majority power, they would be able to give us that solution and that plan and bring us to a better day.
And if you think back to where it was and what they were saying was so terrible at that time, well, gas at that time was like $1.90 or something like that. It was just approaching, it hadn't quite gone over $2 a gallon at the pump. But they said elect them and they'd have a solution.
Well, here it is in April, 16 months after they've been in office, and we are still waiting for that solution. We are still waiting for that answer to come down the road, to be handed to us so
that we can all get behind it in a bipartisan manner and answer that the challenge that the American public gave to us, how can we solve this problem. Because the American public, I think, would be more akin and in tune with what the founders would say.
The American public would say, to solve this problem you must release the abilities and the entrepreneurial spirit and the great ideas of the business person and the landowner and the private property owner and those who own renewable and other energy sources to be able to develop those and allow them to come into the marketplace.
But that is not happening yet, so long as the other side of the aisle refuses to give us whatever their solution or their plan is that they told us about some time ago, nor is that about to come about so long as the other side of the aisle simply comes to the floor and casts aspersion on the Bush administration or whoever's in the White House at the time and says it's all somebody else's fault, rather than really grappling with the issue and trying to come to a solution to it.
There are solutions to it. There are free market principles. They are principles that our founding fathers would have enjoyed and appreciated and applauded as they crafted the U.S. Constitution, and that's what we should be embracing today, so that we can go home to our constituents, so the gentleman from Georgia, who said he's somewhat embarrassed to go back to his constituents and say this is what is happening now in Congress as Congress fails to deliver on its promises.
We should be able to deliver, if not on our promises, then on the promises on the other side of the aisle and to address this solution in a bipartisan manner and get the job done in the manner that their founders would have intended.
Now, I believe that the gentleman from Utah (Mr. Bishop) had another point on a different issue. The gentleman, I am pleased, has just joined us, from Utah. And before we get to the topic that we came here tonight, which was to discuss the issue of the Brady bill, which is the bill dealing with the Sunset Commission and how the Constitution ties into that topic and why the founding fathers would applaud the ideas that Mr. Brady has given us as far as addressing the over-running government that we have, the gentleman from Utah has joined us, Mr. Bishop, to fill us in on the issue dealing with NASA.
I thank the gentleman from Utah. And the gentleman makes an interesting point when he says to educate takes only to excite the mind and the imaginations and, of course, that is what happened some 200-plus years ago in this country when our founding fathers came to this land and excited the imagination that a new form of government never conceived by any human in any portion of the world ever before, and that was, we've seen today, in the U.S. Constitution.
You know, that document today, for a lot of people is just a historical document and nothing more than that. And to many citizens the Federal Government is nothing more than a problem solving institution of government.
However, the founding fathers delegated only a few specific powers to us here in Washington, to the House and the Senate and the White House, few specific powers, and they are in numerated in the Constitution. The remaining political powers were reserved for the States and the local governments and the people specifically.
So tonight, I'm joined by my colleagues, Mr. Bishop who will speak again in a few moments, and Mr. Brady from Texas who'll try to focus on one aspect of trying to revert the government to what the founders intended in the first place by focusing on the inefficiencies and the waste that occurs when the Federal Government oversteps its bounds that were set forth in the Constitution.
And we come here not simply to complain about the situation. No, and that's why I'm pleased that I'm joined by Mr. Brady, because Mr. Brady comes here with a solution to the problem as well, and he does so in the form of the Federal Sunset Act, which would help our country, in essence, return to the limits originally intended by our founding fathers.
So with that I yield such time as he may consume to the gentleman from Texas (Mr. Brady).
I thank the gentleman for taking the lead on this issue, not only in this session of Congress, but in the past session of Congress as well where I have been a proud cosponsor of your legislation because it goes a long ways to, what was that phrase that Barry Goldwater used when he came to Washington the first time? He said, I did not come to Washington to streamline government or make it more efficient. I came to Washington to eliminate it. And that's what you're trying to do as well with the intent of the legislation is define those areas of government that are extra-Constitutional, outside of the bounds of the Constitution, find those portions of government that are wasteful, duplicative and the like and to basically eliminate those so that the Federal Government can appropriately focus its attention on those areas that it's supposed to and then get that job done so that you and I can go back to our constituents and say that we are fulfilling the role of the Constitution and we are doing it in a Constitutional manner.
I will yield.
I appreciate your hard work on this initiative so that, as I say, when we go back to our constituents and one of those bills comes up in the future, and it will come up, when it's laden with additional spending, I'm not talking about earmarks or proverbial pork barrel spending, I'm talking about just legislation, that appropriation for dollars going to some other duplicative-type programs that you mention out there that we, you and I and the rest of us who are in agreement on this issue, can go back to our constituents and say, I voted the right way. I voted to eliminate those programs. I voted to downsize those programs. I voted to make sure that all we have left standing are those things that the Founders would agree with and that the programs and the agencies and the services that the public desires and demands and it's within the confines of the Constitution, and they're getting it done in an effective and efficient manner.
So I appreciate your taking the bold step to accomplish that, and we're behind you on that. Now, if we can get the support on the other side of the aisle and move this legislation, we will be even further down the field than that.
We're joined again by the gentleman from Utah to join us in this discussion on the Constitution and more specifically, on the Brady bill with regard to the sunsetting these wasteful, duplicative unconstitutional initiatives that the Federal Government is wanting and ripe to continue but for the fact that we have legislation like this.
I yield to the gentleman from Utah.
I thank the gentleman from Texas (Mr. Brady) for being on the floor tonight and also for the subject, for introducing this Federal Sunset Act, an act which would, as he said, return our country and our government to the intent as set forth by our Founding Fathers.
And when you think about it, in light of the extremely high taxes and even higher deficit, the time for greater efficiency in government couldn't be any greater than it is today. The American worker is handing far too much of his or her hard-earned money, his paycheck each week over to the Federal Government only to see it wasted in layers of bureaucracy, red tape and so on. I think you quoted Ronald Reagan before when you said that a government bureau is the nearest thing to eternal thing that we'll ever see on Earth, but regrettably, longevity truly has nothing to do whatsoever with a program's effectiveness or efficiency or usefulness to the American people. Just because it's been around a long time doesn't mean that it's good.
Now, the background for the idea of a sunset, as the gentleman from Utah said, comes from the States, who are usually on the cutting edge because they are the laboratory of experimentation. And the sunset takes its name from the sunset laws used by many States to provide for a periodic review of the efficiency and effectiveness of the agency operations and their policies. It was back in 1976 that Colorado was the first State to implement a sunset. And at the State level this process has saved the taxpayer hundreds and hundreds of millions of dollars. And it has also reduced the size of government at the same time. And simply how it works is that each and every Federal agency must justify its own existence, and not its existence from the time that it was created, which may have been 100 years ago or 80 years or 60 or 40 or even 10 years ago, but its existence today to the consumer, which is the taxpayer, constituent. And then after a thorough evaluation, the commission recommends to Congress that
an agency be reauthorized, streamlined, consolidated, or in some cases, maybe even eliminated.
So why is that a great idea? It's a great idea because, as we said before, the Federal Government is just far too big, too fat, too wasteful. And especially now, in a time of war, in a time of deficit, don't we need every single dollar to really count, to be accounted for and to go for what is necessary? And a Federal sunset law is truly a proven way to abolish those obsolete Federal programs, eliminate duplication, and hold every agency accountable to the taxpayer.
You know, it's no secret that there are many Federal programs that are simply not serving the American public. And these are the programs that have outlived their purpose, duplicated other programs, simply waste taxpayer dollars by diverting dollars away from real priorities and into what you might want to say is a black hole of ineffectiveness, which is what we see in Washington. And I think Mr. Brady said it, a taxpayer now works up to 113 days out of a year just to pay for his share of the Federal Government's spending of ineffectiveness.
Unfortunately, these programs survive anyway. And they survive because of special interests, these cottage industries that grow down here that live off the taxpayer earnings. But you know, Madam Speaker, we're not here to represent any of those special interests. We are here to represent the mothers and fathers who could be at home with their children instead of working an extra shift so that they can make their contribution to this bloated bureaucracy that we call Washington. With a Federal deficit in the billions of dollars and with taxes that are too high and too unfair, we must do everything we can to ensure that our Federal spending is as limited as possible and most efficient as possible.
And with that, let me just make one additional point. The idea and why we come to the floor now and why I commend Mr. Brady so much for his work on this is that the Federal Government was intended to be limited by the Founding Fathers, and this Sunset Commission would give us the opportunity to revisit that issue.
I often say that when we vote on a bill, specifically on appropriation bills or authorization bills, and as we take out of our pocket the little card, which is our voting right, we should ask ourselves whether or not we have the constitutional authority to be voting yes on that spending or authorization bill. And in order to know whether we have that authority, we should be looking to the U.S. Constitution.
Now, what this Sunset bill would basically force us to do is to look to see whether we actually have that authority and make each one of those Federal bureaus and agencies and departments and so on and so forth, whether they have that specific authority to do what they have been doing for 20 or 40 or more years, and whether, therefore, they should be eliminated or continued, or not.
There have been different perspectives on whether or not these agencies should have the authority. And what we would have to do in this instance is take a look at what the Constitution says. One area we look to is article I, section 8, which basically would set out for the Congress, as they review these agencies and as we should really be looking at any time we look at any piece of legislation that comes before us, and this sets forth the enumerated powers of the Constitution and the powers here in Congress.
There are a couple of views on how this is interpreted, but both of them are basically a limitation. Enumerated powers means that if it's listed in the Constitution, they are enumerating, they are listing certain powers that we have the right of. And therefore, the converse of that is if they are not enumerated, if they are not listed, then, therefore, we do not have the power to do so. And therefore, if there is an agency that does not have the specific powers to conduct its activity, that program should be eliminated.
Now, the one view most strict on this, of course, was James Madison, who repeatedly argued that the power to tax and spend, which is what we're talking about when we're talking about appropriations or authorizations, did not confer upon the Congress the right to do whatever it thought was best in the interest of the Nation, but only to further the ends specifically enumerated elsewhere in the Constitution. So you have to look either there or someplace else in the Constitution.
The second view on this, of course, is a little bit broader, but still pretty limited, and would still fall under this bill as far as a review under this bill as to what we should be doing here. And that simply says, does the agency, the bureau's activities, does it contain its own limitation, namely, that spending under this law be for general use, that is, national welfare, not purely for local or regional benefit. And so here what the founders were intending to say is if it's general use, general welfare, does it apply across the board to the benefit of everyone? Now, when we do this, and if this legislation were to become law and we are able to systematically look at each and every agency, I think we would find that much of what we appropriate our dollars for, the taxpayers dollars for does not meet either one of these tests. It is not simply a power that is being enumerated elsewhere in the Constitution, nor is it for the general use of the entire country. And when you look for the definition of the general use of the entire country, we can look again to see how the founders interpreted that when they passed in the First and the Second, Third or Fourth Congress as to how they interpreted it.
You know, in the very First Congress of the United States, they looked at an example to make an appropriation for a loan to a glass manufacturer. That piece of legislation failed in Congress after Members expressed the view that such an appropriation would be unconstitutional under article I, section 8. Likewise, under the Fourth Congress, they did not believe the power to provide relief for citizens of Savannah, Georgia after a devastating fire destroyed the entire city; likewise, outside the purview of the Constitution.
Whether we are talking about restrictions under this provision or otherwise, the sunset provision would give Congress in the future the opportunity to review each and every agency to make sure that it is operating within the confines of the Constitution as intended by the Founding Fathers, and that it can only be a good thing at the end of the day for the U.S. citizen.
With that, I yield the remaining time to the gentleman from Texas.
And I thank the gentleman from Texas. I thank the gentleman from Utah as well for being on the floor, and for both your leadership on this issue.