Mr. President, anyone watching Congress right now would have little reason to think that an historic election occurred only a few weeks ago. Washington, DC, sadly, continues to remain deaf to the American people. Washington, DC, continues…
Mr. President, anyone watching Congress right now would have little reason to think that an historic election occurred only a few weeks ago.
Washington, DC, sadly, continues to remain deaf to the American people. Washington, DC, continues to refuse to listen to the American people.
Even though millions of voters rose up just 1 month ago to protest how President Obama and the Senate Democrats were running Washington, business as usual is continuing inside the marble halls of the Congress. What is happening here?
Last night we saw chaos in the U.S. House of Representatives as they were there until late in the night, voting on a bill that the vast majority of the Members had never even sat down to read. Yet somehow, at the last minute, just in the nick of time, with an arm twisted here and a nudge there, it passed the House. Now it is here in the Senate.
Before the Senate today is a $1.1 trillion bill full of Christmas presents for the lobbyists and special interests here in Washington. I know it is Christmastime, but it is not our job to be playing Santa to K Street.
This bill is not designed to help working Americans. It is designed to pay off all the promises made to lobbyists who funded campaigns over the past year. It is designed to make sure that a whole lot of folks can fly home and ensure that more campaign dollars will be coming in the coming weeks.
Before the Senate is a bill that continues to fund the train wreck that is ObamaCare, and does nothing to provide relief to the millions of men and women who are hurting, who are suffering, who lost their jobs, who lost their health care because of this disaster.
And before the Senate is a bill that does nothing--absolutely nothing--to stop President Obama's illegal and unconstitutional amnesty. That is why I rise to speak here today.
The President's Executive amnesty is lawless and unconstitutional. To be clear, the dispute over Executive amnesty is not a dispute between President Obama and Republicans in Congress. It is a dispute between President Obama and the American people.
In this last election President Obama said something that was absolutely correct. He said his policies were on the ballot all across this country. The President was right. This election was a referendum on amnesty.
I spent roughly 2 months on the road campaigning for Senate candidates all over the country, one after the other, in race after race. Front and center was: If you elect Republicans, we will stop President Obama's amnesty.
The American people's verdict on that referendum was not ambiguous. Over and over again voters in States across this country decided not to send back the incumbent Democrats, but to elect a new Republican.
I recall 2 years ago when the Presiding Officer and I were freshmen. There were nine Democratic freshmen that year and just three Republicans. Today there are 12 Republican freshmen--12 new Senators, a quarter of the Republican conference--elected as the result of a referendum on amnesty. The people have spoken loudly. Yet, sadly, President Obama has reacted to the voters in a way that, frankly, is unprecedented in American history.
Previous Presidents, particularly second-term Presidents, have been repudiated by the voters, and there is a way Presidents typically responded: They react with humility. They react acknowledging the American people, trying to course correct. Sadly, President Obama didn't do that.
Instead, he came out angry and defiant. He came out and declared to the American people: It doesn't matter, in his view, what the American people say. And it doesn't matter, in his view, what the Congress, elected by the American people, says. He is instead going to unilaterally decree amnesty for some 5 million people who are here illegally.
We are going to have a vote in time on this omnibus bill. But critical in that vote should be a vote on President Obama's illegal amnesty.
We should consider the constitutionality of his actions. Every Senator in this body should be put on record whether he or she believes it is constitutional for a President to disregard--to ignore--Federal immigration laws, and grant blanket amnesty to millions in defiance of both the laws on the books and the voters.
This President believes he can unilaterally alter laws he disagrees with. There is a form of governance where one man or one woman can make the laws, can change the laws, can enforce the laws. It is called a monarchy. There are countries on Earth right now that have monarchies that vest the legislative and executive power in one person.
I would note Americans historically are not unfamiliar with monarchy. We fought a bloody revolution to free ourselves from a tyrannical monarch. And when our Framers drafted our Constitution, it was designed, as Thomas Jefferson put it, to serve as chains to bind the mischief of government.
The danger we are facing here right now is profound insofar as it concerns amnesty, and is even greater as it concerns the checks and balances in our government and the protection of individual liberty. Because a President who can set aside the law, who can pick and choose which law to follow and which law to ignore, is no longer a President. That should concern all 100 Senators here.
If President Obama can decide I don't agree with the immigration laws, so I will not enforce them, I will unilaterally change them--I promise you there is going to come another President--another President with different policy views. And the next time it may not be immigration laws that he or she is changing, it may be tax laws or environmental laws or labor laws.
I fervently believe we need tax reform, labor reform, and environmental reform, but there is a proper way to do it. The proper way to do it is this body debating and making legislative changes to the laws, not one President by dicta setting aside the law. A Presidential temper tantrum is not an acceptable means of discourse.
One of the characteristics of a monarch is he or she need not compromise. The President has justified this illegal amnesty by saying he told Congress what he wanted, and Congress refused to give it to him. Well, the relationship in our constitutional Republic between the President and the Congress is not the relationship between a parent and a child. The President does not get to demand of Congress: Here is the policy I want. Either give me what I want, or I will decree it to be so and ignore the law. That is the President's bargaining position.
The President wants to reform immigration. And let me be clear: We need commonsense immigration reform. I support commonsense immigration reform. But the way it works in our constitutional system is if you want to change the laws, you have to work with the other branches. And that means you have to compromise. It means the President doesn't get everything he wants. And this is a President who is barely willing even to talk to Congress, much less to compromise on anything.
As Alexander Hamilton explained in Federalist 69: A monarch decrees, dictates, and rules through fiat--which is
what President Obama is attempting to do right now.
When the President embraces the tactics of a monarch, it becomes incumbent on Congress to wield the constitutional power this body has as the elected people's representatives to stop it.
The Congress representing the voice of the people who just spoke resoundingly in an election should use every constitutional tool available to prevent the President from subverting the rule of law.
When the President usurps the legislative powers and defies the limits of his authority, it becomes all the more imperative for Congress to act. And Congress should use those powers given to it by the Constitution to counter a lawless executive branch, or this body will lose its authority. If the President will not respect the people, Congress must.
Second, let me ask a question. Why are we here today in a lameduck? Why is there a session of Congress the second week of December with so many Members voting who the American people just said they no longer want to be represented by? Why are there so many Members getting ready to land at cushy law firms and lobby jobs in industry and trade associations? All of our colleagues, a whole bunch of them, we are going to see them again--except they will have more expensive suits, more finely tailored, and come with an army of lobbyist aides with them.
Both the House and the Senate are filled with people who won't be here next year. And that is not of accident, because these bodies are voting to fund a $1 trillion spending bill, and those Members who were defeated or retiring aren't accountable to anybody. They won't have to answer for this.
But it is even worse. I mention this omnibus is a payoff to K Street. That is where a lot of these retiring Members are going to go. So what a perfect way to start your job is to ensure that you come with goodies for the rich and powerful.
Look, the American people are disgusted by the way Washington works. Washington under the Obama administration takes care of the rich and powerful, those who walk the corridors of power, and ordinary working men and women are left in the dark.
People who have been hurt the most under the Obama economy have been the most vulnerable among us. They have been young people, they have been Hispanics, they have been African Americans, they have been single moms. And yet, I am sorry to say, in this current Senate there are very few advocates for the people who are really hurting.
Let me give one example. One of the elements of this bill is the so- called expatriate health insurance plan fix that this omnibus exempts from ObamaCare.
Now what is this about? Well, American insurance companies that sell insurance policies to expatriates--Americans living abroad--are subject to all of the oppressive mandates of ObamaCare. All of the mandated coverage mandating things--like maternity care for women who are no longer in childbearing years--all sorts of mandates that drive up the costs. And they are also subject to the crushing impunity taxes.
So what has happened? Insurance companies have come to Congress and said: It is not fair. It is hurting our business, it is hurting our jobs. It is amazing. Get enough lobbyists together, and suddenly you get bipartisan agreement.
This provision has Republicans and Democrats together saying we should carve a special exemption for the big insurance companies.
There are a lot of things about this body that they don't teach in civics class. There are a lot of things in this body that would horrify the typical junior high or high school student learning about how government operates.
One of them is something called the hotline. An awful lot of legislation gets passed on the hotline. That is, someone introduces legislation, sends around an email and says, unless you object, this will be treated as automatically passed. All sorts of items get done on the hotline without this body ever debating it, ever considering amendments, ever taking it to the floor.
Well, this ex-patriot insurance amendment was hotlined. Senators, both Democrats and Republicans, want to shoot it through in the lame duck in the quiet of night. Now listen, I think there are some good arguments on its merits for this ex-patriot bill. It is not unreasonable to recognize that ObamaCare is costing jobs, and it is hurting. But I will tell you the way a hotline works is any single Senator can object. So I objected. Let me tell you why. I said listen, this may make sense, but we shouldn't do it with no amendments, no debate, in the dark of the night. We should do this on the floor of the Senate, with a debate and with amendments. In particular, I want to take the opportunity to ask my friends and colleagues who are Democrats, who are supporting this exemption, if you think these provisions of ObamaCare are so onerous, so damaging, are killing so many jobs, why won't you provide an exemption for the people that live in your State? If it is right that these are harmful, why discriminate against the people living in your State? I want to take it up on the floor in a context where you could offer amendments to say, listen, it is all fine to take care of the big insurance companies, but how about somebody stand up for single moms--single moms who are in vast numbers being forced into part-time work, forced to work 28, 29 hours a week because in ObamaCare the threshold that kicks in is 30 hours a week? How about somebody stand up for the average working men and women.
But I will tell you what. The single moms, the African-American teenagers, the legal immigrants--they don't have fancy lobbyists. There is no provision in the past several months that I have been more heavily lobbied over than this ex-patriot bill. I had an insurance company CEO on the phone with me. I had Senators on the phone and lobbyists on the phone all saying, look, take care of this provision. I responded very reasonably. I said look, we could take it up in just a couple of weeks. In January, with a new Congress, we could take this up, we can debate it, we can consider it. But if we are going to be making exemptions for ObamaCare, how about if we not start with the richest and most powerful corporations? How about instead we start with working men and women, put working men and women first because they are the ones paying the biggest price. Yet I am sorry to tell you this is a great illustration of how Washington works. When it couldn't get hotlined in its own bill, what happened? It magically appeared on the omnibus, tacked on at the last minute because they knew it would go just right through Congress in the dark of night--how profoundly corrupt.
Listen, if you are a Fortune 100 company, you should feel thrilled because you can marshal armies of lobbyists to get special carve-outs for you. But if you are a steelworker out of work, if you are a single mom, if you are a Hispanic teenager trying to get her first job to start climbing the economic ladder and moving towards the American dream, you know what; you don't have a high-paid lobbyist, and unfortunately, this Senate is not listening to you.
We need to change that. We need to change that. Another provision of this omnibus is a special carve-out for Blue Cross Blue Shield. Blue Cross Blue Shield is a very fine company. Blue Cross Blue Shield spent more than $15 million on lobbyists this year. Now it is all fine and dandy that Blue Cross Blue Shield gets a carve-out. What about working men and women? Under the Harry Reid Senate, do you know how many bills we have debated on the floor to provide meaningful relief to the millions of Americans who have lost their jobs, lost their health care, have been forced into part-time work, who face skyrocketing insurance premiums and lost their doctors? Zero, not a single one, because working men and women don't have $15 million to hire fancy lobbyists. And the corrupt culture of Washington listens to the lobbyists and not the people.
Let me be clear on this. This is a bipartisan bill. Harry Reid, the Democratic Senate, has shut this institution down and has ceased working for working Americans. But Republicans share in that sin, share in that embrace of corporate welfare. Enough with the corporate welfare. God bless big companies that provide jobs. We don't need to be providing corporate welfare. How
about instead we have fundamental economic reform that brings back growth, that helps small companies start and grow and create jobs. How about we stop playing favorites and picking winners and losers, and instead how about Washington listening to the American people?
Another provision in this bill--another bit of corporate welfare--is Brand USA, a travel promotion company. That is one of the current majority leader's pet projects because it helps promote casinos in his home State. Last I checked, casinos were very profitable endeavors that didn't need the taxpayers helping them out, didn't need the Congress serving your hard-earned dollars and handing it out to promote casinos.
Another example is the Overseas Private Investment Corporation. It is also reauthorized in this bill. Most people haven't heard about it, but let me tell you what it does. Over the past few years, OPIC has approved a $20 million loan to help luxury cars be built in Eastern Europe. Coincidentally, the man who owns the company is a donor to President Obama and Vice-President Biden. OPIC has also backed hundreds of millions of dollars for solar farms in South Africa. It has also helped finance the Ritz Carlton in Istanbul. It has backed $150 million in insurance for Citibank to open branches in Pakistan, Jordan, and Egypt. How is it that one of the largest banks in the world cannot get its own insurance? Why should taxpayers take on that risk? They shouldn't.
Also spread throughout this bill are all kinds of provisions mandating what kind of vehicles the U.S. Government may buy for use, limits on how much the car can weigh, rules on how it must be powered, where the corporation is based and put together. They all together work to give U.S. corporations that produce expensive electric cars an advantage. Instead of saving the taxpayer money, this bill is pushing the government to purchase Chevy Volts and Teslas, instead of other more affordable cars.
Yet another problem in the lameduck was seen in a bill we considered earlier today, the National Defense Authorization Act. The NDAA had a lot of good provisions in it. I serve on the Armed Services Committee. I introduced amendments that were accepted and included in the bill, including one that is near and dear to my heart, a provision that finally, finally, finally, allows the 14 innocent souls who were murdered by Nidal Hassan of Fort Hood to be eligible for the Purple Heart. It has been far too long that this administration has declared that terrorist attack to be workplace violence. That was a good provision. There are other good provisions in that bill. Yet in the last minute, a giant chunk of legislation got added to the Defense authorization that had nothing to do with defense. Instead it was a giant land grab. Once again it was bipartisan--Democrats and Republicans coming together and saying, let's have the Federal Government seize a bunch of land. So the Defense authorization bill added 250,000 acres of new wilderness designation.
The Defense authorization bill resulted in 400,000 acres being withdrawn from productive use. It added three new wild and scenic river designations, three new studies for additional designations. Some of these provisions may have been sound on their own, but there was a reason they weren't brought up on their own. There is a reason they weren't debated on the floor of the Senate--because they couldn't withstand the scrutiny. So instead, the way corrupt Washington works, they were stuck on to a Defense authorization that was deemed must- pass, and suddenly the Federal Government takes roughly one-half million acres of land out of productive use, out of use by the citizenry.
You know that is disrespectful to the men and women in the military. It is a disservice. We shouldn't be using the Defense authorization as a tool for congressional pork.
I will make an additional point about President Obama's amnesty. In all likelihood, in a matter of hours or a matter of days, the Senate is going to pass this massive pork-filled mess of a bill, a $1 trillion- plus amnesty that is paying off lobbyists throughout this land.
Yet leadership from both parties--Republican leadership in both the House and Senate have promised this bill is designed for Congress to stand up to President Obama's illegal amnesty. They have said repeatedly that in just a few weeks help is on the way. In just a few weeks Republicans will be the majority in this body and in just a few weeks we will have a new majority leader.
The new majority leader, my friend the senior Senator from Kentucky has said:
If President Obama acts in defiance of the people and
imposes his will on the country, Congress will act. We're
considering a variety of options. But make no mistake. When
the newly elected representatives of the American people take
their seats, they will act.
I take the soon-to-be majority leader at his word.
The Speaker of the House has said: ``Come January, we'll have a Republican House and a Republican Senate, and we'll be in a stronger position to take action.'' The Speaker went on to say that the current plan is ``the most practical way to fight the President's action.''
Again, I take him at his word. When the Republican leaders promise this bill is all designed so that come January and February--just a few weeks from now--we will see both Houses stand together and make clear that when the continuing resolution expires for the Department of Homeland Security, this body will not appropriate money to DHS to carry out President Obama's illegal and unconstitutional executive action, I take them at their word, because the alternative would be that elected leaders are saying something to the American people they don't believe and they don't intend to follow through with. And I very much hope that is not the case.
Indeed, I am reminded of Reagan's famous admonition: Trust but verify.
So I take them at their word, but I would note that a whole lot of citizens across this country feel a little bit like Charlie Brown with Lucy and the football. Where in fight after fight, leadership in Congress says: We will fight next time. Not this time--no, no, no--the wise thing to do is fight in a month, fight in 2 months, fight in 3 months--not now. It always seems to be when the month or 2 months or 3 months happens, the same statement is made: No, no, no--not January, maybe March. No, no, no--not that. How about June? No, no, no. How about September?
There has been a time when Charlie Brown has kicked the football and fallen on his rear end one too many times. So when our leaders in both Chambers say as a commitment, we will fight, and we will stop President Obama's illegal amnesty, I take them at their word. But I am confident that the American people will hold them to their word. The American people may not be quite so trusting, as am I, because they have seen far too many Members of Congress say one thing and do another.
We will learn soon enough if those statements are genuine and sincere. We will learn in just a few weeks if leadership intends to follow through on the promises they have made over and over again.
I would note that over the course of this election, Republican Members of the House, Republican Members of the Senate campaigned all over this country and they said two things repeatedly. They said No. 1, if you elect us we are going to do everything humanly possible to stop the train wreck that is ObamaCare, and they said, No. 2, if you elect us, if you give us a Republican majority in the Senate, we will stop President Obama's illegal action.
All over the country, that is what Republican candidates said, and it is the reason they told the American people to elect a Republican majority.
My admonition to my friends--especially to the newly elected Republicans--is very simple: Do what you said. Simply do what you said.
Virtually every Republican on this side of the Chamber told the men and women in his or her State: If you elect us, we will stop President Obama's amnesty.
We must do what we said because it is profoundly unfair. This amnesty is unfair to millions of legal immigrants who followed the rules and waited years in line yet see those who came illegally being rewarded nonetheless by the Obama administration. This Executive amnesty is profoundly unfair to
the 92 million Americans who are not working right now and to all the working men and women struggling to just put food on the table to feed their kids. This Executive amnesty is profoundly unfair, especially to the African-American community, which is facing historic unemployment.
If Congress acquiesces and does not stand up and assert the prerogative of this institution to legislate, to pass laws, and prevent the President from ignoring the laws on the books, then we will have ceded our authority not just on immigration but across the field.
It is incumbent on all of us to defend the Constitution, and it is my hope that the Senators who take an oath to uphold the Constitution will honor that oath more than party allegiances.
I will note that in recent weeks no fewer than a dozen Democratic Senators have publicly criticized President Obama's illegal Executive amnesty. I welcome that criticism. It is nice to see that sort of candor coming from Democratic Senators, but, as my wife is fond of telling me, talk is cheap. If those dozen Democratic Senators who criticized President Obama's Executive amnesty as illegal and unconstitutional mean what they say, then the only responsible action is to use our legislative authority to stop it.
I hope my Democratic colleagues will put partisan politics aside-- even those who may agree with President Obama's amnesty--and say that the way to change the immigration laws is to work with Congress and compromise. You may not get everything you want, but we have a system of checks and balances.
It is striking--in many ways the simplest and best explanation of what the President has done came from ``Saturday Night Live.'' The week after the President's illegal amnesty, ``Saturday Night Live'' reprised the classic ``Schoolhouse Rock--How a Bill Becomes a Law.'' They had a giant dancing, singing bill come out and say: ``First I go to the House, then I go to the Senate, and if I'm lucky, the President will sign me and I become a law.'' Then on ``Saturday Night Live,'' President Obama walked out onto the steps of the Capitol and pushed the bill down the steps of the Capitol. He pushed the bill down the steps of the Capitol four separate times, and then out walked an Executive order smoking a cigarette, as it so happens, and it simply said: ``I'm an Executive order. I pretty much just happen.''
Do you know what? ``Saturday Night Live'' is exactly right. The President is ignoring the basic checks and balances of our Constitution and trying instead to decree the law. That is unconstitutional, and a portion of this bill that has been sent over from the House of Representatives funds the Department of Homeland Security to carry out that unconstitutional action.
Therefore, Madam President, I am now offering and raising a constitutional point of order against division L of this bill on the grounds that it violates the following provisions of the Constitution: the separation of powers embodied in the vesting clauses of Article I, Section 1 and Article II, Section 1; the enumerated powers of Congress stated in Article I, Section 8; and the requirement that the President take care that the laws be faithfully executed, as stated in Article II, Section 3.
It is incumbent on this body to resolve those constitutional questions and to honor and protect the constitutional authority of the United States Congress.
I am.
Madam President, I suggest the absence of a quorum.