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NECESSARY.
WITH THAT, MR. PRESIDENT, WE'RE
GOING TO KEEP WORKING AND SEE
CAN DO TO BRING RELIEF
TO A LOT OF THIS MISERY.
THANK YOU, AND I YIELD THE FLOOR
QUORUM.
THE
CLERK WILL CALL THE ROLL.
CALL:
QUORUM CALL:
CALL:
CALL:
A SENATOR: MR. PRESIDENT.
THE
SENATOR FROM UTAH.
I ASK UNANIMOUS
DISPENSED WITH.
WITHOUT
OBJECTION.
MR. PRESIDENT,
SEPTEMBER 17 WAS AN ANNIVERSARY
WITH DOUBLE SIGNIFICANCE FOR OUR
COUNTRY.
ON SEPTEMBER 17, 1787,
DELEGATES TO THE CONSTITUTIONAL
CONVENTION IN PHILADELPHIA HELD
THEIR FINAL MEETING AND SIGNED
THE CONSTITUTION THEY HAD
ON SEPTEMBER 17, 1986, THIS
BODY VOTED UNANIMOUSLY TO
CONFIRM JUSTICE ANTONIN SCALIA'S
APPOINTMENT TO THE SUPREME COURT
OF THE UNITED STATES.
TODAY 25 YEARS LATER HE IS THE
SENIOR MEMBER OF THE COURT.
THESE EVENTS ARE PROFOUNDLY
RELATED BECAUSE JUSTICE SCALIA
IS LITERALLY HELPING US
REDISCOVER THE REAL
CONSTITUTION.
HIS APPROACH TO DOING THE WORK
OF JUDGES IS HELPING REDISCOVER
THE WORK OF JUDGES THE FOUNDERS
GAVE US, THE CONSTITUTION THAT
IS POWERFUL AND SOLID, THE
CONSTITUTION THAT BELONGS TO THE
PEOPLE, PROTECTS OUR RIGHTS,
LIMITS GOVERNMENT, AND MAKES
LIBERTY POSSIBLE.
ANTONIN SCALIA WAS BORN IN
TRENTON, NEW JERSEY, IN 1936.
AFTER GRADUATING FIRST IN HIS
HIGH SCHOOL CLASS,
VALEDICTORIAN FROM GEORGETOWN
UNIVERSITY AND FROM HARVARD, HE
EMBARKED ON A LAW CAREER THAT
WOULD INCLUDE STINTS IN PRIVATE
PRACTICE, THE LEAL ACADEMY AND
FINALLY THE JUDICIARY.
PRESIDENT REAGAN NOMINATED THEN
PROFESSOR SCALIA TO THE COURT OF
APPEALS FOR THE D.C. CIRCUIT IN
JULY, 1982.
HE APPEARED BEFORE THE SENATE
JUDICIARY COMMITTEE ON
AUGUST 4, 1984 -- EXCUSE ME,
AUGUST 4, 1982, ANOTHER DATE
WITH CONSTITUTIONAL
THE HEARING BEGAN JUST MINUTES
AFTER THE SENATE VOTED 69-31 TO
APPROVE A BALANCED BUDGET
CONSTITUTIONAL AMENDMENT, THE
ONLY TIME THIS BODY HAS DONE
SO, AT LEAST SO FAR.
I WAS AN ORIGINAL COSPONSOR OF
THAT AMENDMENT.
I MENTION THAT BECAUSE CRU
JUSTICE SCALIA'S APPROACH TO THE
CONSTITUTION MEANS THAT THE
PEOPLE AND THE PEOPLE ALONE HAVE
AUTHORITY TO CHANGE IT THROUGH
THE AMENDMENT PROCESS OUTLINED
IN THE CONSTITUTION.
THE SENATE'S VOTE ON THAT
BALANCED BUDGET AMENDMENT WAS
PART OF THAT PROCESS.
PROFESSOR SCALIA TOLD THE
JUDICIARY COMMITTEE THAT IF HE
WERE APPOINTED TO THE BENCH HIS
DAYS OF BEING ABLE TO COMMENT ON
THE WISDOM OF LAWS ENACTED BY
CONGRESS WOULD BE, QUOTE,
BYGONE DAYS, UNQUOTE.
SIPS THE JUDGES ARE DOING
SOMETHING FUNDAMENTALLY
DIFFERENT THAN PRIVATE
CITIZENS, FUNDAMENTALLY
DIFFERENCES THAN LEGISLATORS
DEFINES HIS JUDICIAL PHILOSOPHY.
THE SAME THEME DOMINATED HIS
CONFIRMATION HEARING FOUR YEARS
LATER WHEN PRESIDENT REAGAN
NOMINATED JUDGE SCALIA TO BE AN
ASSOCIATE JUSTICE OF THE SUPREME
COURT.
AS THAT HEARING OPENED, I
QUOTED FROM "THE CHICAGO
TRIBUNE" THAT THE NOMINEE WAS
DETERMINED "TO READ THE LAW AS
IT HAS BEEN ENACTED BY THE
PEOPLE'S REPRESENTATIVES RATHER
THAN TO IMPOSE HIS OWN
UPON IT."
AND WHEN JUSTICE SCALIA TOOK THE
OATH OF JUDICIAL OFFICE,
PRESIDENT REAGAN SAID THE
JUDICIARY MUST BE INDEPENDENT
AND STRONG BUT CONFINED WITHIN
THE BOUNDARIES OF THE WRITTEN
PUBLIC OFFICIALS MUST SWEAR TO
UPHOLD AND DEFEND THIS WRITTEN
IT DECLARES ITSELF TO BE THE
SUPREME LAW OF THE LAND.
MORE THAN 90% OF AMERICANS SAY
THEM.
WHAT EXACTLY IS IT AND WHAT ARE
JUDGES SUPPOSED TO DO WITH IT?
THE ANSWER TO THAT QUESTION
DEFINES JUSTICE SCALIA'S CAREER
US.
THE CONSTITUTION IS A DOCUMENT,
THE OLDEST WRITTEN CHARTER OF
GOVERNMENT IN THE HISTORY OF THE
WORLD.
PROFESSOR STEVEN CALIBRESI AT
NORTHWESTERN UNIVERSITY LAW
SCHOOL WHO ONCE CLERKED FOR
JUSTICE SCALIA WRITES WHEN
AMERICANS THINK OF LIBERTY,
THEY THINK OF DOCUMENTS,
CONSTITUTION.
THREE STATEMENTS AT THE TURN OF
THE 19th CENTURY TELL US WHAT
WE NEED TO KNOW.
FIRST, THE SUPREME COURT IN
1795 LITERALLY ASKED THE SAME
QUESTION, WHAT IS THE
CONSTITUTION?
AND HERE'S THEIR ANSWER.
"THE CONSTITUTION IS FIXED AND
CERTAIN.
IT CONTAINS THE PERMANENT WILL
OF THE PEOPLE AND IS THE SUPREME
IT IS PARAMOUNT TO THE POWER OF
THE LEGISLATURE AND CAN BE
REVOKED OR ALTERED ONLY BY THE
AUTHORITY THAT MADE IT."
SECOND, PRESIDENT GEORGE
WASHINGTON ECHOED THIS THEME A
YEAR LATER IN HIS FAREWELL
HE SAID, "THE BASIS OF OUR
POLITICAL SYSTEM SAYS THE RIGHT
OF THE PEOPLE TO MAKE AND ALTER
THEIR CONSTITUTIONS OF
GOVERNMENT, BUT THE
CONSTITUTION WHICH AT ANY TIME
EXISTS TILL CHANGED BY EXPLICIT
AND AUTHENTIC ACT OF THE WHOLE
PEOPLE IS SACRED OBLIGATORY ON
SUPREME COURT IN ITS
1803 DECISION MARBURY VERSUS
MADISON WROTE THAT THROUGH THE
CONSTITUTION THE PEOPLE
ESTABLISH CERTAIN LIMITS FOR THE
FEDERAL GOVERNMENT.
"AND THAT THOSE LIMITS MAY NOT
BE MISTAKEN OR FORGOTTEN, THE
CONSTITUTION IS WRITTEN."
THERE YOU HAVE IT.
THE CONSTITUTION IS THE MEANS BY
WHICH THE PEOPLE EXPRESS THEIR
WILL AND SET LIMITS ON THE
GOVERNMENT.
THE PEOPLE ALONE HAVE AUTHORITY
TO CHANGE THE CONSTITUTION AND
UNTIL THEY DO, IT IS FIXED AND
CERTAIN.
ONE OBVIOUS WAY TO ALTER YOU
CONSTITUTION IS TO CHANGE ITS
WORDS BUT A MORE SUBTLE AND EVEN
MORE EFFECTIVE WAY TO ALTER THE
CONSTITUTION IS TO CHANGE ITS
MEANING.
WORDS THEMSELVES ARE JUST THE
FORUM, BUT THE MEANING OF THOSE
WORDS IS THE SUBSTANCE.
THE REAL CONSTITUTION IS ITS
WORDS AND THEIR MEANING
WHOEVER CONTROLS THE MEANING OF
THE CONSTITUTION CONTROLS THE
CONSTITUTION ITSELF.
WHEN WE SAY THAT ONLY THE PEOPLE
THE CONSTITUTION,
THAT SIMPLY MUST MEAN THAT ONLY
THE PEOPLE CAN CHANGE THE WORDS
OR THEIR MEANING.
FOR THE CONSTITUTION TO BE WHAT
IT IS SUPPOSED TO BE, BOTH ITS
WORDS AND THEIR MEANING MUST
REMAIN FIXED AND CERTAIN UNTIL
THEM.
JUSTICE SCALIA DELIVERED THE
1997 RISTON LECTURE AT THE
MANHATTAN INSTITUTE.
ITS TITLE WAS SIMPLY "ON
INTERPRETING THE CONSTITUTION."
HE DESCRIBED THIS TOPIC AS,
QUOTE, "WHAT IN THE WORLD WE
THINK WE'RE DOING WHEN WE
THE UNITED STATES."
THIS IS WHY IT IS SO IMPORTANT
TO CLARIFY JUST WHAT THE
CONSTITUTION IS IN THE FIRST
PLACE SO THAT WE KNOW WHAT
JUDGES ARE SUPPOSED TO DO WITH
IT.
JUSTICE SCALIA BELIEVES THE ONLY
PROPER WAY TO INTERPRET THE
CONSTITUTION IS TO FIND THE
MEANING IT ALREADY HAS, THE
MEANING GIVEN TO THE
CONSTITUTION BY THE PEOPLE WHO
ALONE HAD AUTHORITY TO ESTABLISH
IT.
CALLS THIS
APPROACH ORIGINALISM.
IN HIS LECTURE, HE SAID THAT
THE CONSTITUTION, QUOTE,
"MEANS WHAT IT MEANT WHEN IT WAS
WRITTEN."
NO ONE IS MORE CANDID THAN
JUSTICE SCALIA THAT THIS
APPROACH IS NOT EASY.
BUT NO ONE IS MORE CERTAIN THAN
JUSTICE SCALIA THAT THIS
APPROACH ALONE IS LEGITIMATE.
THIS APPROACH ALONE PRESERVES
BOTH THE PEOPLE'S CONTROL OF THE
CONSTITUTION AND THE
CONSTITUTION'S CONTROL OF
JUDGES.
IN 2005, JUSTICE SCALIA
DELIVERED A SPEECH AT THE
WOODROW WILSON INTERNATIONAL
CENTER FOR SCHOLARS TITLED
"CONSTITUTIONAL INTERPRETATION
THE OLD FASHIONED WAY."
HE DESCRIBED ORIGINALISM AS
BEGINNING WITH THE TEXT AND
GIVING IT THE MEANING IT BORE
WHEN IT WAS ADOPTED BY THE
WITH ALL DUE RESPECT TO JUSTICE
SCALIA, HE DID NOT VINT THIS
APPROACH BUT HE IS HELPING US TO
RETURN TO THOSE PRINCIPLES.
IN HIS SERVICE ON THE COURT AND
HIS SPEECHES AND WRITINGS,
JUSTICE SCALIA IS HELPING US
REDISCOVER WHAT AMERICA'S
START.
I HAVE TO EMPHASIZE THAT JUSTICE
SCALIA HAS FOR 25 YEARS
IMPLEMENTED THE VERY SAME
APPROACH THAT HE DESCRIBED IN
HIS HEARING BEFORE THE SENATE
JUDICIARY COMMITTEE.
VICE PRESIDENT BIDEN WAS THE
RANKING MEMBER AT THE TIME AND
HIS VERY FIRST QUESTION WAS
ABOUT ORIGINAL MEANING AS A
MEANS OF INTERPRETING THE
JUSTICE SCALIA EXPLAINED LATER
THAT THE STARTING POINT IS "THE
TEXT OF THE DOCUMENT AND WHEN IT
MEANT TO SOCIETY THAT ADOPTED
IT.
I AM CLEAR ON THE FACT THAT THE
ORIGINAL MEANING IS THE STARTING
POINT AND THE BEGINNING OF
WISDOM."
THIS BODY KNEW THAT JUSTICE
SCALIA WOULD TAKE THIS APPROACH
WHEN WE UNANIMOUSLY CONFIRMED
HIM AND HE HAS STAYED TRUE HIS
WORD THROUGHOUT HIS JUDICIAL
CAREER.
IN ADDITION TO INSTRUCTING US
ABOUT THE PRINCIPLES THAT WE
SHOULD ONCE AGAIN FOLLOW,
JUSTICE SCALIA HAS BEEN SOUND
THE ALARM ABOUT FAILING TO DO
SO.
HE CONDEMNS AS -- QUOTE --
"POWER JUDGING" THE MODERN TREND
OF JUDGES SUBSTITUTING THEIR OWN
CONSTITUTIONAL MEANING FOR THAT
OF THE PEOPLE.
THIS AMENDS THE CONSTITUTION AS
SURELY IS CHANGE ITS VERY WORDS.
JUDGES CONTINUALLY FIND CREATIVE
WAYS TO MASK THEIR POWER JUDGING
JUDGING.
THEY SPEAK OF DEEPLY EMBEDDED
SOCIAL OR CULTURAL VALUES,
INVOLVING STANDARD OF DECENCY,
AND WHAT THE CONSTITUTION SHOULD
MEAN IN OUR TIME.
ONE OF JUSTICE SCALIA'S FORMER
COLLEAGUES EVEN SAID THAT THE
CONSTITUTION IS -- QUOTE -- "A
SPARKLING VISION OF THE
SUPREMACY OF THE HUMAN DIGNITY
OF EVERY INDIVIDUAL."
ALL OF THESE EVOLVING STANDARDS
AND SPARKLING VISIONS ARE
DIFFERENT WAYS OF SAYING THE
SAME THING:
THAT JUDGES HAVE TAKEN CONTROL
OF THE CONSTITUTION BY
CONTROLLING WHAT IT MEANS.
JUSTICE SCALIA WILL HAVE NONE OF
IN A 1996 DISSENT HE REJECTED
REALLY IS;
NAMELY, THE COURT'S
CONSTITUTION-MAKING PROCESS.
HE WROTE -- QUOTE -- "THE COURT
MUST BE LIVING IN ANOTHER WORLD.
DAY BY DAY, CASE BY CASE IT IS
BUSY DESIGN AGO CONSTITUTION FOR
A COUNTRY I DO NOT RECOGNIZE."
UNQUOTE.
AND ONE OF THE MANY THINGS I
LIKE ABOUT JUSTICE SCALIA IS
THAT HE APPLIES HIS PRINCIPLES
ACROSS THE BOARD.
HE HAS OFTEN POINTED OUT THAT
JUDGES AMEND THE CONSTITUTION BY
CHANGING ITS MEANING IN WAYS
THAT LIBERALS LIKE BUT ALSO IN
WAYS THAT CONSERVATIVES LIKE.
ALL OF IT HE SAYS, IS WRONG.
JUDGES HAVE NO AUTHORITY TO
DESIGN A NEW CONSTITUTION, NO
MATTER WHAT IT LOOKS LIKE.
SOMETIMES WE WONDER HOW ANYONE
COULD THINK OTHERWISE.
HOW COULD ANYONE BELIEVE THAT
UNELECTED JUDGES MAY TAKE A
CONSTITUTION THAT OPENS WITH THE
WORDS "WE THE PREMIUM" AND TURN
IT INTO SOMETHING ELSE.
WHY WOULD ANYONE TOLERATE JUDGES
WHO CHANGE THE VERY CONSTITUTION
THAT JUDGES ARE SUPPOSED TO
FOLLOW?
JUSTICE SCALIA BELIEVES THAT NO
ONE SHOULD, AND HE CHALLENGES US
TO LIVE UP TO THE PRINCIPLES
THAT DEFINE OUR SYSTEM OF
GOVERNMENT AND THAT MAKE OUR
LIBERTY POSSIBLE.
THE REAL CONSTITUTION IS SOLID
AND FIXED.
IT WAS ESTABLISHED AND CAN BE
CHANGED ONLY BY THE PEOPLE.
THAT CONSTITUTION, THE REAL
CONSTITUTION, IS STRONG FLUFF TO
LIMIT GOVERNMENT AND PROTECT
LIBERTY.
BUT THAT CONSTITUTION IS BEING
REPLEAS PLACED BY A VERY
DIFFERENT ONE.
SINCE THE 1930'S THE REAL
CONSTITUTION CONTROLLED BY THE
PEOPLE HAS BEEN REPLACED IN SOME
MEASURE BY A FAKE CONSTITUTION
CONTROLLED BY JUDGES.
THE CONSTITUTION IS WEAK,
PLIABLE, AND SHIFTING, ACCORDING
TO THEM.
IT MORPHS AND MODIFIES, IT
SHIVERS AND SHAKES.
THIS CONSTITUTION IS A FIGMENT
OF THE JUDICIAL IMAGINATION AND
IT IS WRITTEN IN DISAPPEARING
INC.
THOMAS JEFFERSON WARNED THAT A
JUDGE IS CONTROLLED BY THE
CONSTITUTION IS "IT WOULD BECOME
A MERE THING OF WAX IN THE HANDS
JUDICIARY WHICH THEY MAY
TWIST AND SHAPE IN ANY FORM THEY
DOING SO, JEFFERSON SAID, WOULD
MAKE THE CONSTITUTION NOTHING
BUT A BLANK PAPER.
THIS IS NOT JUST AN ACADEMIC
IF YOU THINK THAT THE LATEST
JUDICIAL MOD SWING IS STRONG
ENOUGH TO LIMIT GOVERNMENT,
THINK AGAIN.
IF YOU THINK THAT A LUMP OF WAX
OR A PIECE OF BLANK PAPER IS
FIRM ENOUGH TO PROTECT YOUR
LIBERTY, THINK AGAIN.
THE CONSTITUTION THAT CAN BE
CHANGED BY NOTHING MORE THAN A
JUDGE'S IMAGINATION IS NO
CONSTITUTION AT ALL.
THIS STRUGGLE OVER WHAT THE
CONSTITUTION REALLY IS AFFECTS
NOT ONLY WHAT JUDGES DO WITH IS
IT BUT ALSO HOW JUDGES ARE
IF JUDGES CAN CHANGE THE
CONSTITUTION BY CHANGE ITS
MEANING, THEN THE JUDICIAL
SELECTION PROCESS WILL
INEVITABLY FOCUS ON THE
CONSTITUTION THAT A JUDICIAL
NOMINEE IS LIKELY TO CREATE.
IT WILL INEVITABLY FOCUS ON THE
FORM TO WHICH A JUDICIAL NOMINEE
CAN BE EXPECTED TO SHAPE AND
TWIST THE CONSTITUTION.
SPEAKING STIE STATE UNIVERSITY
OF NEW YORK SCHOOL OF LAW IN
2002, JUSTICE SCALIA WARNED THAT
IF THE CONSTITUTION'S MEANING IS
DETERMINED BY JUDGES RATHER THAN
THE PEOPLE, THE SELECTION OF
THOSE JUDGES BECOMES -- QUOTE --
"A VERY POLITICAL HOT POTATO."
EVERY TIME YOU NEED TO APPOINT A
NEW SUPREME COURT JUSTICE, YOU
ARE GOING TO HAVE A MINI
PLEBISCITE ON WHAT THE
CONSTITUTION MEANS."
IN HIS 2007 SPEECH AT THE JESSE
HELMS CENTER, JUSTICE SCALIA
SIMILARLY COMPARED THE JUDICIAL
CONFIRMATION PROCESS TO A MILD
-- EXCUSE ME TO A MINIMUM -- TO
A MINI CONSTITUTIONAL CONVENTION
CONVENTION.
IF JUDGES MAY WRITE A NEW
CONSTITUTION THROUGH THEIR
RULINGS, HE SAID, THE PROCESS
WILL BE ABOUT FINDING A NOMINEE
WHO WILL -- QUOTE -- "RIGHT THE
CONSTITUTION -- WRITE THE
YOU WANT."
JUSTICE SCALIA IS ALSO AFFECTING
HOW WE DO THINGS HERE IN THE
LEGISLATIVE BRANCH.
THE MORE THAT JUDGES ARE WILLING
TO DO OUR WORK FOR YOU THE LESS
OF IT WE ARE LIKELY TO DO
OURSELVES.
ON THE OTHER HAND, IF JUDGES
INSIST THAT WE LEGISLATORS SAY
WHAT WE MEAN AND MEAN WHAT WE
SAY, THEN WE ARE LIKELY TO DRAFT
LAWS DIFFERENTLY.
THE LAW THAT WE ENACT AFTER ALL
IS THE TEXT OF OUR STATUTES AND
NOT THE SPEECHES, REPORTS,
COMMENTS, THOUGHTS OR OTHER
THINGS THAT CONSUME THE
LEGISLATIVE PROCESS.
KNOWING THAT JUDGES WHO HAVE TO
INTERPRET AND APPLY OUR STATUTES
WILL LOOK ONLY AT THE LAW IS AN
INCENTIVE FOR US TO MAKE SURE
THAT IF IT IS TO BE THE LAW, IT
MUST BE IN THE STATUTE.
THAT APPROACH IS MORE
TRANSPARENT, MORE ACCOUNTABILITY
AND MORE RELIABLE, AND WE HAVE
JUSTICE SCALIA TO THANK.
FOR PUSHING NEWS THAT DIRECTION.
JUSTICE SCALIA SEEMS TO BE THE
JUSTICE THAT LIBERALS-TO HATE.
IF THIS WERE A HARRY POTTER
MOVIE, LIBERALS WOULD PUT
JUSTICE SCALIA NONE A WATER
POSTER AS "UNDESIRABLE NUMBER
AND YET THEY JUST CAN'T SEEM TO
LOOK AWAY.
THE PRINCIPLES ON WHICH HE
STANDS ARE SO COMPELLING AND HIS
WAY OF WIELDING THEM SO POWERFUL
THAT WHETHER YOU LOVE HIM OR
HATE HIM, YOU SIMPLY MUST A DEAL
WITH HIM.
THOSE WHO THINK JUDGES MAKE IT
UP AS THEY GO ALONG MAY HAVE A
HARD TIME FIGURING JUSTICE
SCALIA OUT BECAUSE HE DOES NOT
FOLLOW THEIR GAME PLAN.
ONLY A FEW TERMS INTO HIS FIRST
TERM ON THE SUPREME COURT, "THE
WASHINGTON POST" REPORTED THAT
THOUGH HE WAS EXPECTED TO BE A
HARD-CHARGE #-G CONSERVE
TIRVETION HE WAS VOTING WITH
WILLIAM BRENNAN ALMOST
TWO-THIRDS OF THE TIME.
SEVERAL WEEKS LATER A ANOTHER
"POST" HEADLINE READ HEAD --
CONSERVATIVE GEORGE WILL'S
E8
5-1987 SUPREME COURT TERM BORE
THE TITLE "GOOD GRIEF SCALIA."
NOT TO WORRY, THOUGH.
BECAUSE THE "POST" HEADLINE ONE
YEAR LATER READ "SCALIA MAY BE
SUCCESSOR AS CONSERVATIVE CHIEF
ADVOCATE."
THE REAL WAY TO KNOW HIM IS TO
KNOW HIS PRINCIPLES.
THEY ARE PRINCIPLES DRAWN
DIRECTLY FROM AMERICA'S FOUNDING
FROM THE NATURE OF LIMITED
GOVERNMENT UNDER A WRITTEN
CONSTITUTION.
NO ONE WORKS HARDER TO
ARTICULATE ANDS PLY THOSE
PRINCIPLES DAY IN AND DAY OUT
THAN JUSTICE SCALIA.
RESEARCH IN THE LAST SEVERAL
YEARS HAS DEMONSTRATED THAT HE
IS THE FUNNIEST JUSTICE IN ORAL
ARGUMENT AND THE MOST CITED IN
LAW REVIEWS AND JOURNALS.
HIS LECTURES AROUND THE COUNTRY
ONLY.
HIS INTERVIEW ON THE UNIVERSITY
OF CALIFORNIA'S LEGALLY SPEAKING
TELEVISION PROGRAM HAS BEEN
VIEWED AT LEAST SIX TIMES AS
OFTEN AS ANY OTHER GUEST.
OF THIS
POPULARITY, THIS BUZZ COMES FROM
HIS ENGAGING PERSONALITY, HIS
WIT AND HIS SENSE OF HUMOR.
PEOPLE JUST ENJOY BEING WITH A
PERSON LIKE HIM, BUT IT ALSO
COMES FROM THE SUBSTANCE, THE
SHEER MAGNITUDE OF THE MESSAGE
WAY.
PEOPLE LIKE A WITTY, ENGAGING
PERSON.
THEY ALSO RESPECT POWERFUL
PRINCIPLES AND A MESSAGE THAT
WEIGHS MORE THAN A PASSING
INTELLECTUAL FAD.
I'VE SO FAR SPOKEN TODAY ABOUT
JUSTICE SCALIA THE JURIST.
I CANNOT CLOSE THIS TRIBUTE,
HOWEVER, WITHOUT A FEW COMMENTS
ABOUT ANTONIN FISCAL LEE YACHT
MAN.
THE HORRING ON HIS SUPREME COURT
NOMINATION 25 YEARS AGO TOOK
PLACE IN THE JUDICIARY
COMMITTEE'S REGULAR HEARING ROOM
WHICH IS MUCH SMALLER THAN WHERE
WE HOLD SUCH HEARINGS TODAY.
HIS HEARING LASTED JUST TWO
DAYS, INCLUDING TESTIMONY BY
WITNESSES.
I CAN STILL REMEMBER THAT
JUSTICE SCALIA'S FAMILY OCCUPIED
MORE THAN ONE ROW IN THE
AUDIENCE.
JUSTICE SCALIA INTRODUCED THEM,
INCLUDING ALL NINE OF HIS
CHILDREN.
HE SAID THAT -- QUOTE -- "I
THINK WE HAVE A FULL COMMITTEE."
MEDIA CAMERAS WENT CRAZY EVERY
TIME HIS YOUNGEST DAUGHTER MAY
WOULD LEAN HER HEAD ON HER
MAY WAS JUST SIX YEARS OLD THEN
BUT AS I REMEMBER, SHE HELD UP
VERY WELL, A WE LAWYERS TALKED
ABOUT ALL SORTS OF
JURISPRUDENTIAL MINUTIA.
THAT SIGHT IMPRESSED ON ME
JUSTICE SCALIA'S DEEP LOVE FOR
FAMILY AND THE SACRIFICE THAT
FAMILY MAKES WHEN SOMEONE LIKE
HIM IS SO DEVOTED TO PUBLIC
SERVICE.
HE'S ALSO A MAN OF DEEP FAITH
AND LOVE FOR OUR COUNTRY, AND
THE VALUES ON WHICH IT WAS
FOUNDED.
FIVE YEARS AGO I MARKED JUSTICE
SCALIA'S 20th VERSE IN A
SPEECH HERE ON THE SENATE FLOOR.
I PUT INTO THE RECORD LETTERS
FROM SOME OF HIS FARMER LAW
CLERKS AND I WANT TO DO THE SAME
TODAY.
I ASK CONSENT TO PLACE IN THE
RECORD AFTER MY REMARKS LETTERS
FROM SOME OF THE FOLLOWING
FORMER LAW CLERKS:
WITHOUT
OBJECTION.
HATCH EDWARD WHALEN WHO LATER
SERVED AS MY COUNSEL WHEN I WAS
RANK #-G MEMBER OF THE JUDICIARY
COMMITTEE, IS NOW PRESIDENT OF
THE ETHICS IN PUBLIC POLICY
CENTER.
PAUL CLEMENT WHO CLERKED DIEWRPG
THE OCTOBER 1993 TERM AND LATER
SERVED AS SOLICITOR GENERAL OF
THE UNITED STATES, IS NOW
PARTNER IN THE BANCROFT LAW
MARK PHILLIP, WHO ALSO CLERKED
DURING THE OCTOBER 1993 TERM AND
LATER SERVED AS A U.S. DISTRICT
JUDGE, IS NOW A PARTNER AT
KIRKLAND AND HE WILL LIST IN
BRIAN FITZPATRICK, WHO CLERKED
DIEWRPG THE OCTOBER 2001 TERM,
IS NOW AN ASSOCIATE PROFESSOR AT
VANDERBILT LAW SCHOOL.
BRIAN KILLIAN WHO CLERKED
DIEWRNG THE OCTOBER 2007 TERM IS
NOW AN ASSOCIATE AT THE BINGHAM
McCUTCHEON LAW FIRM IN
WASHINGTON.
ALL LAW CLERKS OWE ANTONIN
SCALIA A DEEP DEBT OF GRAT DUDE.
EVERY DAY HE SERVES ON THE
SUPREME COURT, HE GAFFES GIFT TO
ALL OF US.
HE IS REINTRODUCING US TO THE
PRINCIPLES AND DOCUMENT THAT
MAKE OUR LIBERTIES POSSIBLE.
HE INVITES US IN THE WORD OF THE
KELLOGGS CORNFLAKES COMMERCIAL,
TO TRY IT AGAIN FOR THE FIRST
TIME."
I RETURN TO THAT SCENE OF HIS
FIRST JUDICIAL CONFIRMATION
HEARING IN 1982.
THE CONSTITUTIONAL AMENDMENT
PROCESS WAS UNDER WAY THAT DAY,
BUT IT WAS RIGHTLY HAPPENING ON
THE SENATE FLOOR RATHER THAN IN
THE CONFIRMATION OF A FEDERAL
JUDGE.
KEEPING CLEAR THE PRINCIPLE THAT
ONLY THE PEOPLE HAVE AUTHORITY
TO CHANGE THE CONSTITUTION WILL
OFTEN
POTS, AN ENDURING RATHER THAN AN
EVOLVING CONSTITUTION.
WE MUST STEP UP AND GOVERN
OURSELVES RATHER THAN LOOK TO
JUDGES TO DO IT FOR US.
I HOPE THAT WE SEE THIS
OPPORTUNITY FOR WHAT IT IS,
FOLLOWING JUSTICE SCALIA'S LEAD,
GRASPING AGAIN THE PRINCIPLES OF
LIBERTY AND RESOLVING NEVER TO
LET THEM GO.
FINALLY, LET ME JUST SAY ONE OR
TWO WORDS THAT I'D LIKE TO SAY
AT THE END HERE.
TIME.
I'VE HAD A ROLE WITH REGARD TO
EVERY CURRENT MEMBER OF THE
UNITED STATES SUPREME COURT, AND
A NUMBER OF THOSE WHO HAVE GONE
ON.
I HAVE TO SAY THAT ONE OF THE
MOST RESPECTED MEN IN THIS
COUNTRY IS JUSTICE SCALIA, AND I
COUNT HIM AS A FRIEND, I COUNT
HIM AS A MENTOR, I COUNT HIM AS
A TEACHER AND PROFESSOR, I COUNT
HIM AS ONE OF THE ALL-TIME
SUPREME COURT JUSTICES,
A MAN WHO, WITHOUT QUESTION, IS
AS GOOD A PERSON AS YOU CAN
FIND.
HE'S A TERRIFIC HUMAN BEING.
HIS LIFE HAS BEEN A LIFE OF
WOMEN.
HIS WIFE IS A TERRIFIC PERSON.
AND, AS FAR AS I KNOW, THE KIDS
ARE ALL GREAT, TOO.
ALL I CAN SAY THAT WE'VE BEEN
REALLY FORTUNATE TO THAT HE'S
HAS.
WE ARE A GREATLY STRENGTHENED
COUNTRY BECAUSE OF JUSTICE
SCALIA.
THERE ARE A NUMBER OF JUSTICES
IN THE HISTORY OF THIS COUNTRY
TO WHOM WE HAVE TO LOOK UP.
HE'S ONE OF THEM.
HE'S ONE OF THE GREATEST.
HE WILL BE
QUOTED, HE WILL BE WRITTEN
ABOUT, HE WILL BE TALKED ABOUT
FOR A LONG, LONG TIME.
BECAUSE OF THE GENUINE INTELLECT
OF THE MAN, THE TREMENDOUS
PERSONALITY HE HAS, THE
BRILLIANT MIND THAT WE SEE ON
DISPLAY EVERY TIME HE WRITES AN
OPINION OR GIVES A SPEECH OR
LECTURES TO US OR GIVES A TALK.
THIS IS ONE OF THE TRULY GREAT
PEOPLE IN OUR COUNTRY TODAY.
I DON'T CARE WHETHER YOU ARE A
DEMOCRAT OR REPUBLICAN OTHER
LIBERAL OR CONSERVATIVE OR
SOMEWHERE ELSE.
THIS IS A MAN WE OUGHT TO ALL
RESPECT WITH EVERY FIBER OF OUR
BEINGS AND HIS FAMILY AS WELL.
WITH THAT, I YIELD THE FLOOR.
MR. PRESIDENT?
THE
SENATOR FROM OREGON.
MY HOPE IS WE ARE
INTO THE HOMESTRETCH OF
BEING ABLE TO PASS THE TRADE
LEGISLATION.
I STRONGLY SUPPORT EFFORTS TO
PROMOTE MORE EXPORTS.
THE PRESIDENT HAS SET A LAUDABLE
GOAL OF INCREASING EXPORTS.
WE KNOW THAT IN THE EXPORT
SECTOR, THERE'S AN OPPORTUNITY
TO MAKE THINGS HERE, TO GROW
THINGS HERE, TO ADD VALUE TO
THEM HERE AND THEN SHIP THEM
AROUND THE WORLD.
AND TO PROMOTE THESE EXPORT
MARKETS AND TO GENERATE THE
ECONOMIC GROWTH THAT OUR COUNTRY
WANTS, WE'VE GOT TO MAKE SURE
THAT OUR WORKERS HAVE THE
LATEST, MOST UPDATED SKILLS TO
MAKE SURE THAT THEY CAN GET
THOSE JOBS IN EXPORTS AND GET
WORLD.
AS I INDICATED YESTERDAY,
MADAM PRESIDENT, THERE'S NO
DOUBT THAT THE AMERICAN BRAND IS
A HIT AROUND THE WORLD.
90% OF THE CONSUMERS ARE OUTSIDE
THE UNITED STATES, AND THEY WANT
OUR PRODUCTS.
AND MY HOPE IS, AS I INDICATED,
THAT WE'RE MOVING TOWARDS BEING
ABLE TO PASS THIS LEGISLATION,
THE TRADE ADJUSTMENT ASSISTANCE,
PASS LEGISLATION TO INCREASE THE
AND BECAUSE SOME PRETTY
ASTONISHING COMMENTS HAVE BEEN
MADE WERE WITH RESPECT TO THE TRADE
ADJUSTMENT ASSISTANCE PROGRAM, I
WANT TO TAKE JUST A FEW MINUTES
THIS AFTERNOON AND MAKE SURE
THAT WE CAN GET SOME FACTS OUT
TO COMBAT SOME OF THE RHETORIC.
FOR EXAMPLE, ONE COMMENT THAT
I'VE HEARD REPEATEDLY IS THAT
THE TRADE ADJUSTMENT ASSISTANCE
IS A SOP TO ORGANIZED LABOR.
THE ARGUMENT HERE IS THAT TRADE
ADJUSTMENT ASSISTANCE IS REALLY
UNIONS.
THEY ARE THE PEOPLE THAT WANT
THE PROGRAM.
IT'S SOMETHING THAT IS PART OF
THE LABOR PRIORITY LIST.
I CAN TELL THE PRESIDENT OF THE
SENATE, AND I'M SURE SHE HEARS
THE SAME THING THAT I HEAR AT
HOME, AND THAT IS FOLKS WHO ARE
MEMBERS OF LABOR UNIONS DON'T
COME UP TO YOU AND SAY WHAT THEY
WANT IS THE TRADE ADJUSTMENT
THEY COME UP AND THEY SAY,
"SENATOR, WHAT I WANT TO DO IS
HAVE A GOOD-PAYING JOB.
I WANT A JOB WHERE I CAN SUPPORT
MY FAMILY, WHERE I'VE GOT A
LIVING WAGE.
THAT'S WHAT I'M REALLY CONCERNED
ABOUT RIGHT NOW."
MADAM PRESIDENT, WHAT I'M
CONCERNED ABOUT IS CHINA, FOR
EXAMPLE, WITH THEIR LOW-INTEREST
LOANS.
MANUFACTURING, WHERE I'VE
WRITTEN THE OBAMA
ADMINISTRATION, THE CHINESE ARE
UNDERCUTTING OUR SOLAR
MANUFACTURERS BECAUSE THEY'RE
NOW.
THAT'S WHAT WORKERS COME UP TO
SENATORS AND SAY, IS "SENATOR, I
GOOD JOB, ONE I
CAN MAKE SURE THAT WHEN I GO TO
BED AT NIGHT I'LL KNOW THAT WHEN
I WAKE UP IN THE MORNING I'LL BE
ABLE TO SUPPORT MY FAMILY."
SO THE LABOR UNION FOLKS DON'T
COME UP AND SAY THIS IS WHAT I
WANT FROM UNIONIZED STATE,
SENATE FOLKS, THE TRADE
ADJUSTMENT ASSISTANCE PROGRAM.
THE FACT IS, AS HAS BEEN
DOCUMENTED BY MATHEMATIC POLICY
RESEARCH, LESS THAN HALF OF THE
PARTICIPANTS IN THE TRADE
ADJUSTMENT ASSISTANCE WERE
MEMBERS OF A UNION.
LET ME REPEAT THAT.
LESS THAN HALF OF THOSE WHO
PARTICIPATED IN TRADE ADJUSTMENT
UNION.
IN FACT, THIS IS A PROGRAM
THAT'S AVAILABLE TO ALL AMERICAN
WORKERS WHO QUALIFY.
WHEN YOU'RE TALKING ABOUT
APPLYING IN EFFECT A TRADE
ADJUSTMENT ASSISTANCE PETITION
CAN BE FILED BY ANY OF THE
FOLLOWING GROUPS: A GROUP OF
MORE WORKERS, AN
EMPLOYER, A LABOR UNION, A STATE
WORKFORCE OFFICIAL, A ONE-STOP
OPERATOR OR PARTNER, OR ANY
OTHER PERSON WHO IS DESIGNATE
ADD DULY AUTHORIZED
REPRESENTATIVE.
NOW, THIS IS TO ME THE BOTTOM
LINE, MADAM PRESIDENT.
IN 2009, MORE THAN NINE OUT OF
TEN PETITIONS FOR TRADE
ADJUSTMENT ASSISTANCE RELIEF
WERE FILED BY NONUNION FIRMS OR
AND I WANT TO REPEAT THAT,
MADAM PRESIDENT, BECAUSE WE HAVE
HEARD SO FREQUENTLY THAT THIS IS
SOMEHOW A GIVE-AWAY TO LABOR, A
SOP TO THE LABOR UNIONS.
MADAM PRESIDENT AND COLLEAGUES,
IN 2009 MORE THAN NINE OUT OF
TEN T.A.A. PETITIONS WERE FILED
BY NONUNION FIRMS OR GROUPS.
MORE THAN TWO-THIRDS OF THE
ELIGIBLE POPULATION FOR THE
TRADE ADJUSTMENT ASSISTANCE
UNION.
SO I HOPE AT THIS POINT IN THE
DEBATE WE CAN MAKE IT CLEAR, WE
CAN MAKE TU UNDERSTANDABLE
THAT -- WE CAN MAKE IT
UNDERSTANDABLE THAT T.A.A. IS
NOT A PROGRAM ONLY AVAILABLE TO
LABOR UNIONS.
IT IS NOT TRUE THE TRADE
ADJUSTMENT ASSISTANCE IS ONLY
AVAILABLE TO LABOR UNIONS.
T.A.A. IS FOR ALL AMERICANS.
AND FOR SENATORS WHO HEAR AS
THIS DEBATE, AS I INDICATED
HOPEFULLY MOVES INTO THE
HOMESTRETCH, I HOPE THEY'LL
REMEMBER THAT IN 2009 MORE THAN
NINE OUT OF TEN T.A.A. PETITIONS
WERE FILED BY NONUNION FIRMS OR
GROUPS.
THE SECOND AREA THAT I WANTED TO
TOUCH ON, MADAM PRESIDENT, IN
TERMS OF TRYING TO REBUT SOME OF
THESE CRITICISMS ABOUT THE TRADE
ADJUSTMENT ASSISTANCE PROGRAM IS
THE ARGUMENT THAT THERE IS NO
EXTEND ELIGIBILITY TO
THOSE IN THE SERVICE SECTOR.
NOW, IN 2009, THE CONGRESS
EXPANDED THE TRADE ADJUSTMENT
ASSISTANCE PROGRAM SO THAT
SERVICE WORKERS THAT ARE
DISPLACED BY TRADE WOULD BE
ELIGIBLE FOR ASSISTANCE.
NOW, THERE HAS BEEN CRITICISM OF
THIS EXPANSION, AND I WANT TO
MAKE SURE, AGAIN, THAT SENATORS
AND THOSE WHO ARE LISTENING TO
THIS DEBATE ACTUALLY GET SOME OF
THE KEY FACTS.
NOW IT'S IMPORTANT TO REMEMBER
THAT 82% OF EMPLOYMENT BETWEEN
2006 AND 2010 WAS IN THE SERVICE
SECTOR.
AND TO ARGUE THAT WORKERS IN
COMPUTER PROGRAMMING, FINANCE,
ACCOUNTING AND INSURANCE DO NOT
FACE FOREIGN COMPETITION IS JUST
SIMPLY TO PUT YOUR HEAD IN THE
BY
BRADFORD JENSEN FIND AMERICANS
EMPLOYED IN BUSINESS AND
PROFESSIONAL SERVICES FACE MORE
INTERNATIONAL COMPETITION THAN
WORKERS IN THE MANUFACTURING
SECTOR.
SO, AGAIN, WHEN SENATORS HEAR
THIS ARGUMENT THAT THERE IS NO
CASE FOR EXTENDING TRADE
ADJUSTMENT ASSISTANCE
ELIGIBILITY TO SERVICE WORKERS,
I HOPE THAT THEY'LL REALLY THINK
THROUGH THE IMPLICATIONS OF
INTERNATIONAL COMPETITION THAT
OUR WORKERS FACE IN THIS SECTOR
BECAUSE THOSE IN COMPUTER
PROGRAMMING, IN FINANCE, IN
ACCOUNTING, IN INSURANCE, THOSE
ARE IMPORTANT WORKERS IN THE
AMERICAN ECONOMY.
THEY PLAYED A BIG ROLE,
SECTOR.
AND I THINK TO JUST ARBITRARILY
SAY THAT THEY SHOULDN'T BE
ELIGIBLE FOR THE TRADE
ADJUSTMENT ASSISTANCE PROGRAM,
GIVEN WHAT MANY OF THEM ARE
FACING IN TERMS OF INTERNATIONAL
COMPETITION, JUST ISN'T RIGHT.
NOW, THE THIRD ARGUMENT THAT I'D
LIKE TO TAKE ON DIRECTLY,
MADAM PRESIDENT, IS THE ARGUMENT
THAT IN SOME WAY THE TRADE
ADJUSTMENT ASSISTANCE PROGRAM IS
A SPECIAL, ALMOST DUPLICATIVE
PROGRAM.
AGAIN, THE FACTS SHOW THAT THIS
ARGUMENT DOESN'T STAND UP.
A MATHEMATIC POLICY RESEARCH
REPORT FROM LAST YEAR MAKES
CLEAR THAT WORKERS WHO LOSE
THEIR JOBS DUE TO INCREASED
IMPORTS, SURGING IMPORTS IS THE
WAY WE OUGHT TO APPROPRIATELY
CHARACTERIZE IT,
MADAM PRESIDENT, THOSE FOLKS WHO
ARE, THEREFORE, ELIGIBLE FOR THE
TRADE ADJUSTMENT ASSISTANCE
PROGRAM BECAUSE OF SURGING
IMPORTS TEND TO BE OLDER, OFTEN
HAVE LESS EDUCATION, AND HAVE
HIGHER PRE-LAYOFF EARNINGS
TO OTHER UNEMPLOYED
SO THAT'S WHY THE TRADE
ADJUSTMENT ASSISTANCE PROGRAM IS
DIFFERENT THAN THE UNEMPLOYMENT
INSURANCE PROGRAM.
IT IS TAILORED TO MEET THE
DISTINCT NEEDS OF A CRITICAL
PORTION OF THE LABOR FORCE.
THE WORKERS ARE OLDER.
OFTEN THEY HAVE LESS EDUCATION.
THE TRANSITION, AS THE PRESIDENT
OF THE SENATE KNOWS, CAN BE
GUT-WRENCHING BECAUSE A LOT OF
THESE INDIVIDUALS BEFORE THEIR
LAYOFFS WERE MAKING GOOD WAGES.
AND NOW THEY'RE WONDERING HOW
THEY'RE GOING TO BE ABLE TO GET
THE SKILLS, HOW THEY'RE GOING TO
BE ABLE TO PICK UP THE KNOWLEDGE
TO TAP THE LATEST OPPORTUNITIES
THAT ARE AVAILABLE IN AMERICAN
BUSINESS THAT'S LOOKING TO
EXPORT.
THIS IS A PROGRAM THAT DOESN'T
DUPLICATE ANY OTHER.
IT'S A PROGRAM THAT IS DESIGNED
TO SERVE A UNIQUE POPULATION.
WE'RE
GOING TO CONTINUE THROUGH THE
REST OF THE DISCUSSION ABOUT
TRADE ADJUSTMENT ASSISTANCE TO
SEE A LOT OF BACK AND FORTH
BETWEEN SENATORS WITH RESPECT TO
THE MERITS OF THE PROGRAM.
I CONTINUE TO BELIEVE THAT WE
OUGHT TO START AS WE ANALYZE IT
BY REMEMBERING THAT THIS HAS
ALWAYS BEEN A BIPARTISAN
PROGRAM, NUMBER ONE.
AND, NUMBER TWO, PETITIONS,
T.A.A. PETITIONS HAVE BEEN
APPROVED BY LABOR DEPARTMENTS IN
BOTH DEMOCRATIC AND REPUBLICAN
ADMINISTRATIONS.
THIS HAS ROOTS IN THE BIPARTISAN
TRADE.
ONE STUDY AFTER ANOTHER,
MADAM PRESIDENT, SHOWS THAT
EXPANDED TRADE, PARTICULARLY
TAPPING EXPORT MARKETS, CAN
GENERATE HUNDREDS OF THOUSANDS
OF JOBS.
BUT THERE IS NO QUESTION THAT AS
MAKE SURE WE DON'T
LOSE A SINGLE JOB IN AMERICA,
EVEN SHORT-TERM, THAT SOME
WORKERS CAN END UP NEEDING SOME
HELP DURING A TRANSITION FROM
ONE JOB TO ANOTHER.
AND IF THEY HAVE BEEN HARMED BY
SURGING IMPORTS, THE TRADE
ADJUSTMENT ASSISTANCE PROGRAM IS
THERE FOR THEM.
THAT'S WHY WE OUGHT TO
REAUTHORIZE IT.
I THINK WE ALSO OUGHT TO
RECOGNIZE THAT IT IS KNIT
TOGETHER WITH THE EFFORT TO PASS
THE FREE TRADE AGREEMENT,
BECAUSE THE FREE TRADE
EXPORTS.
AND TO HAVE ALL THE WORKERS WE
NEED FOR THE POTENTIAL EXPORT
MARKETS, WE'VE GOT TO MAKE SURE
THAT WORKERS WHO HAVE BEEN LAID
OFF HAVE A CHANCE TO UPGRADE
THEIR SKILLS.
WE WILL COME BACK TO THIS TOPIC,
I'M CERTAIN, MADAM PRESIDENT.
BUT I HOPE THAT IN THE LAST FEW
WE'VE BEEN ABLE TO AT
LEAST OFFER SOME CONCRETE
DOCUMENTED FACTS THAT MAKE CLEAR
THAT THE TRADE ADJUSTMENT
ASSISTANCE PROGRAM IS NOT A SOP
TO ORGANIZED LABOR, SINCE IN
2009 THE VAST MAJORITY OF THOSE
GRANTED RELIEF HAD NOTHING TO DO
WITH A LABOR UNION.
SECOND, THAT WE MADE THE CASE
FOR WHY SERVICE WORKERS FACING
VERY AGGRESSIVE INTERNATIONAL
COMPETITION OUGHT TO BE ELIGIBLE
FOR THE TRADE ADJUSTMENT
ASSISTANCE PROGRAM.
AND, THIRD, I HOPE WE'VE BEEN
ABLE TO LAY OUT HOW THIS PROGRAM
DOESN'T DUPLICATE ANY OTHERS
BECAUSE THIS IS A UNIQUE GROUP
THAT DISPROPORTIONATELY USES THE
PROGRAM THAT'S OLDER, OFTEN WITH
LESS EDUCATION AND THE
TRANSITION CAN BE PARTICULARLY
GUT WRENCHING BECAUSE VERY OFTEN
THEY HAVE HIGHER PRE-LAYOFF
EARNINGS COMPARED TO OTHER
UNEMPLOYED AMERICANS.
I THINK WE UNDERSTAND,
MADAM PRESIDENT, THAT THE
BIGGEST CHALLENGE FOR THIS
SENATE IS CREATING MORE
IN MY STATE, ABOUT ONE OUT OF
SIX JOBS DEPENDS ON
INTERNATIONAL TRADE.
THE TRADE JOBS TEND TO PAY
JOBS.
THAT'S WHY I CONSIDER IT SUCH AN
HONOR WHEN CHAIRMAN BAUCUS ASKED
ME TO CHAIR THE SUBCOMMITTEE,
THE FINANCE SUBCOMMITTEE ON
INTERNATIONAL TRADE, BECAUSE I
SAW THIS AS AN OPPORTUNITY TO
GROW THE OREGON ECONOMY AND TO
JOBS.
OREGON HAS A VERY GOOD RECORD IN
TERMS OF MANUFACTURING.
WE FACE A WHOLE HOST OF DRAMATIC
CHALLENGES RIGHT NOW,
MADAM PRESIDENT.
FOR EXAMPLE, I'M PARTICULARLY
CONCERNED ABOUT WHERE OUR
COUNTRY IS HEADED IN TERMS OF
MANUFACTURING IN THE RENEWABLE
ENERGY SECTOR.
THE CHINESE ARE ENGAGED IN VERY
I THINK,
QUESTIONABLE PRACTICES WITH
RESPECT TO THE CHINESE
DEVELOPMENT BANK AND THE FACT
THAT IN EFFECT THEY'RE GIVING
FREE MONEY TO COMPANIES WHO
COULD MANUFACTURE AND UNDERCUT
THE AMERICAN MARKET.
I HAVE ASKED THE OBAMA
THIS.
IF THEY DON'T, I'M CERTAINLY
GOING TO BE LOOKING
LEGISLATIVELY AT PURSUING TRADE
REMEDIES.
MUCH OF WHAT WE'RE FACED WITH IN
TERMS OF THE RENEWABLE ENERGY
SECTOR, PARTICULARLY GENERATING
JOBS IN MANUFACTURING IN THAT
SECTOR DEALS WITH MAKING SURE
THAT WE HAVE A RULES-BASED
TRADING SYSTEM.
WE ENJOY THE FACT THAT CHINA IS
A TRADING PARTNER.
OUR STATE GETS A SIGNIFICANT
AMOUNT OF JOBS FROM EXPORTING
GOODS TO CHINA, BUT THE CHINESE,
LIKE EVERYBODY ELSE, HAS TO
COMPLY WITH THE RULES, AND THERE
IS A SUBSTANTIAL AMOUNT OF
EVIDENCE THAT THE RULES AREN'T
BEING COMPLIED WITH AS IT
RELATES TO MANUFACTURING IN THE
SOLAR SECTOR, AND THAT'S WHY I'M
USING MY POSITION AS CHAIRMAN OF
THE TRADE SUBCOMMITTEE TO GET ON
TOP OF IT.
WE HAVE ALREADY LOST SOME SOLAR
MANUFACTURERS AND WE SHOULDN'T
SIT IDLY BY AND LOSE MORE.
THAT'S THE KIND OF CHALLENGE WE
OUGHT TO BE WORKING ON.
WE OUGHT TO BE WORKING ON
TOGETHER ON A BIPARTISAN BASIS,
MR. PRESIDENT, NOT COMING TO THE
FLOOR OF THE UNITED STATES
SENATE AND BLOCKING A PIECE OF
LEGISLATION THAT GIVES OUR
WORKERS AN OPPORTUNITY TO GET
AHEAD, TO GET AHEAD IN THE
PRIVATE SECTOR, TO GET AHEAD IN
THE EXPORT MARKET, TO BE IN A
POSITION TO GET THE GOOD-PAYING
JOBS THAT ARE GOING TO BE
AVAILABLE IN THE YEARS AHEAD IF
WE PASS LEGISLATION TO REMOVE
TRADE BARRIERS.
THE REALITY IS IN VIRTUALLY ALL
OF THESE AREAS, MADAM PRESIDENT,
OUR TARIFFS ARE LOW, WHICH MEANS
THAT AROUND THE WORLD, COUNTRIES
THEIR PRODUCTS TO US
AND GET ALMOST TOTALLY FREE
ACCESS TO OUR MARKET, AND AROUND
THE WORLD WHEN WE TRY TO SHIP
OUR PRODUCTS TO THEM, WE FACE
VERY SUBSTANTIAL TARIFFS.
THAT'S WHAT WE'RE TRYING TO
CHANGE HERE ON THE FLOOR OF THE
UNITED STATES SENATE, TO LEVEL
THE PLAYING FIELD, BECAUSE IF WE
LEVEL THE PLAYING FIELD, MADAM
PRESIDENT, OUR WORKERS GET MORE
OUT OF IT THAN DO THE WORKERS OF
THAT, TO ME, OUGHT TO BE
PARTICULARLY APPEALING TO THE
UNITED STATES SENATORS NOW WHEN
OUR FOLKS ARE HURTING, WHEN
THERE IS SO MUCH PAIN IN
COMMUNITIES ACROSS THIS COUNTRY.
WHEN I'M HOME, I'M CONSISTENTLY
SEEING WORKERS WHO ARE WALKING
ON AN ECONOMIC TIGHTROPE,
BALANCING THEIR FOOD BILLS
AGAINST THEIR FUEL BILLS AND
THEIR FUEL BILLS AGAINST THEIR
MEDICAL COSTS, AND THEY GO TO
BED AT NIGHT WONDERING IF THEY
ARE GOING TO HAVE A GOOD-PAYING
JOB IN THE MORNING, GIVING --
GIVEN WHAT'S BEING REPORTED
NEWSPAPER IN
TERMS OF LAYOFFS AND THE KINDS
OF CHALLENGES OUR COMPANIES ARE
FACING IN TOUGH GLOBAL MARKETS.
THAT'S WHY LEGISLATION TO
PROMOTE EXPORTS MAKES SENSE.
IT'S AN OPPORTUNITY TO PROVIDE A
NEW MEASURE OF ECONOMIC SECURITY
TO HARD-WORKING AMERICAN
TO TAP THOSE EXPORT MARKETS, WE
HAVE GOT TO MAKE SURE THAT OUR
WORKERS, ALL OF OUR WORKERS CAN
GET THE SKILLS AND THOSE KINDS
OF OPPORTUNITIES TO MAKE SURE
THAT THEY CAN QUALIFY FOR THOSE
EXPORT MARKETS.
THIS LEGISLATION, PASSING TRADE
ADJUSTMENT ASSISTANCE, IS A KEY
COMPONENT OF OUR ABILITY TO
GENERATE MORE JOBS IN THE
PRIVATE SECTOR THROUGH EXPORTS.
I CERTAINLY HOPE THAT WE ARE IN
THE HOMESTRETCH OF BEING ABLE TO
PASS THIS LEGISLATION, MOVE ON
TO THE AGREEMENTS, MOVE ON TO
TO GENERATE MORE
EXPORTS BECAUSE THAT MEANS MORE
WORK, GOOD-PAYING WORK FOR OUR
MADAM PRESIDENT, WITH THAT, I
WOULD YIELD THE FLOOR AT THIS
TIME.
MADAM PRESIDENT.
THE
SENATOR FROM SOUTH DAKOTA.
MADAM PRESIDENT, I
ALSO BELIEVE PROFOUNDLY THAT
INCREASING OUR EXPORTS,