Mr. Speaker, I thank you for the opportunity to come to the floor tonight as we wrap up this week's session in Congress. It was just last week, Monday, the 17th of September, when we celebrated the 220th anniversary of the signing of our…
Mr. Speaker, I thank you for the opportunity to come to the floor tonight as we wrap up this week's session in Congress. It was just last week, Monday, the 17th of September, when we celebrated the 220th anniversary of the signing of our founding document of this country, the Constitution. It was on September 17, 1787, 39 revolutionary and visionary Founding Fathers changed the course of history in this land and the world as well.
It came about after months of deliberations. What they did was succeed in securing liberties and freedoms that were, quite honestly, unimaginable to previous civilizations. I should just note, to commemorate this and honor the civilization's most ingenious governmental guidelines that we recognized last week, I introduced House Resolution 646 to that end.
Tonight I come to the floor, as we do often as part of the Constitutional Caucus, to raise up the issue of the Constitution, that seminal document, that document that we should be looking to each and every day when House Members and Senate Members come to the floor after having deliberated various issues and bills, and taking out of their pocket their voting card and sliding into that slot, to ask themselves: Is what we are about to vote on constitutional? Is it within the confines of the Founding Fathers' document?
Tonight I am joined by my colleagues, the gentleman from Utah (Mr. Bishop) and the gentleman from Iowa (Mr. King), and I believe shortly the gentlewoman from North Carolina (Ms. Foxx) as well, as we deliberate and discuss the issues of the Constitution.
We do this for several purposes. It is an illuminating event we believe both for Members of Congress and also for the general public as well, an opportunity to explore and expand and expound upon this important document. Because if we lose that, if we lose that as a guiding principle, obviously there will be nothing as a guide for us or a restriction into the role we are elected to abide by.
Tonight we will touch on various issues, all within the confines of that document, but we are generally going to stay within the area of voting. Some legislation that we have looked at in the past, and I will probably touch upon a little later on, and some legislation that is coming down the pipe fairly shortly, to address some of the issues that people have raised throughout the country with regard to the veracity of past voting patterns in this country.
So at this point, I would like to turn the microphone over to the gentleman from Utah (Mr. Bishop) for his comments, who I always appreciate Mr. Bishop's insight.
And I appreciate the gentleman, if he has time for some queries on it as well.
First of all, let me say I am impressed by
your opening comment, and I guess this is just a typical reflection of your dedication to an issue. Your opening comment was you began to look at this issue back in the year 2000, and here we are at 2007. And knowing your dedication to this issue, to the way you handle matters is that you have been looking at it ever since then and investigating it to make sure that you come up with the very best answer. So I commend you for that. This is just reflective of how you handle just about every issue that I have ever known you to deal with, that you stick onto it early on and then stick with it right to the end.
Before I play a little of devil's advocate with you on this, if I may, the gentleman from Utah is probably a better historian than I am. But it is interesting, when we talk about paper ballots and ballots in general, people today probably have somewhat of a misconception about the veracity or accuracy and the legitimacy, I guess you might say, of past elections in this country, way before we had those electronic machines today or the mechanical machines that you were referring to earlier. I know the stories from reading textbooks and school books and what have you is that election days in this country years ago were celebratory days more so than they are today. Nowadays, we have to really push people to the polls. Years ago, it was something people, I don't want to say, spontaneously wanted to do, but they actually were more excited about it.
Although, one of the ways I understand that they were encouraged to come to the polls was through town celebrations. And that is, in the county seats or that sort of thing, the candidates who were running for office would host large parties, and what would happen is people would come from the countryside and the hillsides and what have you into the county seat where they would be voting. And this would be a large celebration where food and beverages, I suppose adult beverages, as Rush Limbaugh would say, would be served, what have you, so it would be a celebratory time. People would come in and they would vote, and they would vote with, back then of course all there was was paper ballots, and many times the paper ballots were color coordinated paper ballots. And so if you were voting for Steve King in that election, you might be voting with a blue ballot, and if you were voting for Scott Garrett, you might have the brown ballot. So it would be a way that actually going into the election booth there was no secrecy to it, because you would be getting your brown ballot from the Garrett campaign or the blue ballot from the King campaign, and you would be going in. And that would also indicate which party, literally, which party you came to, and then you would put it into the election box.
I don't know whether the gentleman from Utah knows those stories as well.
And on that point, how this ties in besides a history lesson, which I think is important as well, how it ties into one of your comments was one of the suggestions that has been made, and you touched upon it, was with regard to a paper ballot today would be either simply that you would have a single paper ballot that you would take with you when you leave, and that would be the only receipt. Or, I think you suggested both. In other words, a paper ballot would be made and printed that would go into a locked box, plus you would get a receipt to confirm how you voted. So there would be two.
The dilemma with either scenario, where you take a ballot out with you, goes back to what we are referencing right here. Now when you leave the poll, you have some document to prove how you just voted. Now, not to suggest that anyone in this day and age is paying people to vote, although we have heard such accusations, but of course without any documentation, someone can say, well, here is $25 to you if you will vote for my candidacy in the election. And of course the guy will take the $25 and come out of the election booth and say, ``Don't worry, I voted for you,'' and there is no proof that you did. If, however, there is a paper receipt, now you can come back and say, ``Well, here is the proof that I just voted for you or your candidate. Give me my $25.'' Or whatever the going rate may be in certain cities or elsewhere to confirm that I did. So I am not sure whether you have ever heard of that dilemma with that.
And the gentleman from Utah made a passing reference to the 17th amendment earlier on, and then I will yield back to the gentleman from Iowa. But just to illuminate on that point, originally the Founding Fathers of course intended that the other body, the Senate, would be elected not by direct vote but by the legislators of those States. And the idea behind that was probably to address the point that the gentleman from Utah just made; that the various States, such as Utah, which is probably ahead of the curve in just about every facet of running a government that we have seen so far, based on his testimony and previous evenings, the State of Utah prior to the passage of the 17th amendment would have elected their U.S. Senators through their State legislators. That Senator many times would have come from the Utah State Legislature prior to coming to Washington, would know what Utah was doing, and would have a personal stake or a local interest in maintaining the integrity and the sovereignty of that State. Likewise, from Iowa or New Jersey as well.
Obviously, the 17th amendment changed that, so now the U.S. Senators are now directly elected by the citizens of the respective States, and you break that bond between the sovereign issue that a legislature may have had. And you may have seen that reason on this issue coming from the bill from the other side of the aisle that we are talking about here, or some of the other issues that we have talked about on the floor as well as Congress begins to exceed its bounds and actually sees no bounds with regard to our control in every aspect of our lives.
Earlier today, just to digress for a moment, we voted on the flood insurance bill and we were going to expand into a wind map plan and for wind insurance as well. Basically, the Republican side of the aisle voted ``no'' on that bill, primarily because they said we would be exercising outside and pushing pressures on the economic forces that are already there providing that coverage. And really, the question is as I said at outset of my opening comments, and they often do when you put your card in here to vote is, does the Congress have that authority? Prior to the 17th amendment, a U.S. Senator would say, no, we have that authority in our own States to handle the regulation, whether it is insurance or otherwise, and want to confine ourselves to confine the Congress or the Senate to the areas that the Founding Fathers intended. Voting, of course, is a carefully construed area in the Constitution, and I will just close on this before I yield back to the gentleman.
Earlier, there was another issue, and I know the gentleman spoke quite a bit on this issue several months back. This House had another heated debate, if you will, when it came to a voting issue, and that was whether or not we would give voting rights to the citizens here of the District of Columbia, and I know the gentleman from Iowa also, I believe, came to the floor and spoke extensively on that topic.
And the answer to that issue, as much as the other side, just as on this issue, just as the other side would like to stand up on this issue and say, well, we have the infinite detail and plan to the finite level to the Nth degree on how to do this issue that we have before us today as far as every little nook and cranny has to be covered on voting. They said the same thing when it came to the D.C. voting rights as well. We know what is best and how to implement that program and voting rights for the District of Columbia,
And well, may they should or may they did; what they didn't seem to do with that one, nor apparently did they do in this case as well is look, as you and I would suggest they probably should have, and I think you discussed it at the time, to a copy of the U.S. Constitution. And had they done so, they would have realized on that issue, I'm not going to redebate that issue, but had they done so, they would have realized that the Constitution specifically addressed the issue of the District of Columbia and how it should be set up and how the control of the District would be. The Constitution also defined who is a citizen in terms of voting and who is a representative and that he would come from a State. And of course this is not a State. So all you really have to do on many of these cases is look to the terms of the Constitution, and they begin to answer some of these questions.
But I have a question for the gentleman from Iowa, again just to look at some of the finer points to it. You raised the issue of actually having a piece of paper, a trail, if you will, and you raised the question whether or not we can trust the electronic aspect of the machines and what have you. Just to be the proverbial Devil's advocate with you, some people would suggest that, well, for our entire financial system in this country nowadays, we look to electronic transfers and what have you and we rely on that nowadays, as opposed to paper ballots or paper documentations.
And likewise, there is another suggestion in this area, whether it comes from Congress or it comes from the States, as opposed to a paper ballot, but an electronic receipt, if you will. And I'll just give you one of these and then I will close.
One of the suggestions for an electronic receipt would be not a written message that I just voted for a Steve King, but an electronic voice activation message that I just voted for Steve King. So instead of going into the ballot booth, and I don't know whether the gentleman's ever heard of this proposal before, and pushing the button and clicking down on a piece of paper, electronically it would record and you would hear, vote for Steve King for U.S. Senate.
Would you see any of those as alternatives to this as we move into the electronic age to be an equal or sufficient record?
I appreciate the gentleman from Iowa and your comments as well. And at this point I would like to yield sufficient time as she will consume to Ms. Foxx.
And I thank the gentlelady. And as our time comes to a close here shortly, I'd just like to say I appreciate her comments and also to say she hits on the point directly as far as the role and appropriate breadth and scope of the Congress, the Senate, and the Federal Government. You know, the U.S. Constitution, article I, section 1, the very beginning of the Constitution sets forth the parameters, if you will, of the role and responsibilities of the Federal Government. They are then, that point is reinforced in a couple of different ways, actually, when you think about it, both there and at the end. There it's reinforced in the section in as much as article I, section 8 sets out specifically what are the appropriate roles, and it delineates what the appropriate roles are for the Federal Government.
And an interesting thing there, and I don't want to go into too much detail on the verbiage of the Constitution here tonight as it's getting late, but many people often look to critics on the other side on this point, and on article I, section 8 say, well, in there is
what is called the general welfare clause, and for that reason, Congress has the right and ability to move on and act on any sort of issue that they want to.
But a closer study of the Constitution points out that the article I section 8 general welfare clause comes before the delineation of the specific points and authority granted to the Federal Government. That is at the beginning of the Constitution. At the very end of the Constitution, at least back in 1787 and a couple years after that with the adoption of the first ten amendments, which eventually we call the Bill of Rights, the 10th amendment, of course, is the one germane to this discussion and all of our discussions on the floor with regard to the Constitution and the role of Congress, and that is that it says all rights not specifically delegated to the Federal Government are retained by the States and the people respectively, which those two points tied together reinforces the gentlewoman's comment that we have to be careful as far as the role of the Federal Government in these areas.
So it is appropriate that when we look to the bill that comes from the other side of the aisle on this issue of voting, which is so expansive in scope as far as its authority that it is trying to impose and so restrictive at the same time as far as what they are allowing the States to do, it is appropriate for us to come and discuss that issue and debate that issue to find out if there is not a better way. And that's why I very much appreciate the gentleman from Iowa's being with us tonight.
I see the gentleman from Iowa is back with us again, and I yield to him.
In as much as the gentleman is raising the question, I have anticipation that he has specific examples in mind that he is going to cite. But I believe there have been specific examples when electors have decided to go their own way and not be bound by their electorate.
Reclaiming my time, I agree with that and I appreciate that.
And I think that the seminal answer to your question of what was in the minds, if you will, of the Founding Fathers when they created the Electoral College was if they wanted the electors to have freedom to make that decision so it was their own wisdom that would be decided on the day of the casting of the ballot, which is what I believe that the Founders intended. Their alternative would have been to say, no, that you are bound by however you were elected. Well, if you were going to be bound by however you were elected, then in reality there's no need to actually have a person there to make that decision to cast the ballot. The Constitution would have been worded completely differently to say that, in effect, it was not an automaton but an automatic collection of all the votes. The majority of votes would not go to a specific elector, Steve King, but the majority of the votes would then therefore go to that candidate, whoever those electors are specifically delegated to vote for, whom they were representing. In other words, you would not need to elect a delegate, an elector, if he was going to be bound without any discretion.
I think the Founding Fathers realized that still within the confines of the limited amount of times that the electors, within the terminology of the Constitution, had to actually vote following the popular vote, there was still that flexibility that they could consider whatever changing moment the times may have necessitated them to do.
And of course, also, the other aspect of that that you didn't get into is the election of the Vice President and how the electorals play in that as well.
And you're absolutely right. You think about John Quincy Adams, who was first in Congress and then President, and then went back to sitting in Congress once again after he served as President. I think he was the only one that ever did that, and I cannot imagine any President today leaving the White House.
He is. And I guess we should close on that quote. And again, I appreciate the gentleman from Iowa's coming.
And with that, Madam Speaker, I appreciate the opportunity to be on the floor this evening.