Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 734 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Massachusetts…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 734 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Massachusetts (Mr. McGovern), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.
On Wednesday, the Committee on Rules did meet and grant a closed rule for H.R. 3313, the Marriage Protection Act of 2004. The rule provides 90 minutes of debate, equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary.
This bill seeks to utilize the constitutional authority of Congress to limit the jurisdiction of the Federal judiciary to hear cases which may arise as a result of the 1996 Defense of Marriage Act, otherwise known as DOMA. The bill reserves that authority to the States. The bill provides that no Federal court will have the jurisdiction to hear a case arising under DOMA's full faith and credit provision.
This provision in DOMA codified that no State would be required to give full faith and credit to a marriage license issued by another State if that relationship is between two people of the same sex. Long- standing Supreme Court precedent recognizes the power of Congress to limit the jurisdiction of courts that it creates.
In essence, the bill says no Federal court will have the opportunity to strike down DOMA's full faith and credit provision. The result of such a decision by the Federal courts would in effect invalidate the numerous Defense of Marriage Acts which have passed in at least 38 States. This would mean that the citizens of States such as Michigan, California, Virginia, Texas, and Florida, who have their own statutes to define marriage as between one man and one woman, would have to recognize the marriage licenses issued to same sex couples by other States that allow that practice.
I believe the people of these States as well as the people of my home State of North Carolina should be able to defend and preserve the institution of marriage and that we today should support their efforts. This is the way it has been throughout civilization. It is our job to prevent unelected lifetime appointed Federal judges from striking down DOMA's protection for the States. To that end, I urge my colleagues to support the rule and the underlying bill.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
I would like to clarify the actual wording of what this bill does. It does not favor or disfavor any particular result or any group of people. It is motivated by a desire to preserve for the States the authority to decide whether the shield Congress enacted to protect them from having to accept same sex marriage licenses issued out of State will hold. There is no ill will here toward anyone. It does not dictate the results, either. It only places final authority over whether the States must accept same sex marriage licenses granted in other States in the hands of the States themselves.
This bill should be supported, I believe, by any Member who supports the proposition that lifetime appointed Federal judges must not be allowed to rewrite marriage policies for the States.
Mr. Speaker, I yield 4 minutes to the gentleman from Tennessee (Mr. Duncan).
Mr. Speaker, I reserve the balance of my time at this point.
Mr. Speaker, I yield myself such time as I may consume for just a clarification.
Marbury v. Madison is entirely consistent with H.R. 3313. It established the principle of judicial review and stands for the proposition that the Supreme Court has the final say on the issues it decides, provided either the issues it decides are within its original jurisdiction or Congress by statute has granted the Supreme Court the authority to hear the issue. It is that simple. If a case does not fall within the jurisdiction of the Federal courts because Congress has not granted the required jurisdiction, Federal courts simply cannot hear the case.
The author of Marbury v. Madison was Chief Justice John Marshall, as was stated, and Chief Justice Marshall himself, after he decided that case, dismissed cases when the Federal courts had not been granted jurisdiction by Congress to hear them under the Judiciary Act of 1789.
Mr. Speaker, I yield 4\1/2\ minutes to the gentleman from New Mexico (Mr. Pearce).
Mr. Speaker, I yield myself such time as I may consume.
I would like to read a couple of quotes from Thomas Jefferson that he made, of course, a long time ago. He lamented that ``the germ of dissolution of our Federal Government is in the Constitution of the federal judiciary; . . . working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction, until all shall be usurped. . . .''
In Jefferson's view, leaving the protection of individual rights to fellow judges employed for life was a very serious error. Responding to the argument that Federal judges are the final interpreters of the Constitution, Jefferson wrote, ``You seem . . . to consider the [federal] judges as the ultimate arbiters of all constitutional questions, a very dangerous doctrine indeed and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so.''
They have with others the same passions for party, for power, and the privileges of their core. Their power is the more dangerous, as they are in office for life and not responsible as the
other functionaries are to the elective control.
The Constitution has elected no such single tribunal, knowing that to whatever hands confided with the corruptions of time and party, its members would become despots.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, will the gentleman yield?
Well, in this particular case, it is the State courts, the right to be left to the State courts.
Mr. Speaker, I yield 2 minutes to the gentleman from New Mexico (Mr. Pearce).
Mr. Speaker, I yield 2 minutes to the gentleman from Oklahoma (Mr. Sullivan).
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 1 minute to the gentleman from New Mexico (Mr. Pearce).
Mr. Speaker, I yield 7\1/2\ minutes to the gentleman from Indiana (Mr. Hostettler), the sponsor of this bill.
(Mr. HOSTETTLER asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 1 minute to the gentleman from North Carolina (Mr. Hayes).
Mr. Speaker, I yield 30 seconds to the gentleman from New Mexico (Mr. Pearce).
I have no more speakers.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.
The previous question was ordered.