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MADAM SPEAKER, I
ASK UNANIMOUS CONSENT TO TAKE
FROM THE SPEAKER'S TABLE THE
BILL H.R. 3321, WITH SENATE
AMENDMENTS THERETO, TO THAT END,
THAT THE HOUSE CONCUR WITH THE
THE
THE BILL AND THE SENATE
AMENDMENT.
H.R. 3321, AN ACT TO
FACILITATE THE HOSTING OF THE
UNITED STATES OF THE 34TH
AMERICA'S CUP --
THE
GENTLEMAN FROM NEW JERSEY.
I ASK UNANIMOUS
CONSENT TO DISPENSE WITH THE
READING.
WITHOUT
OBJECTION, THE READING IS
DISPENSED.
WITHOUT OBJECTION, THE ORIGINAL
REQUEST IS GRANTED.
RECONSIDER IS LAID UPON THE
TABLE.
THE CHAIR WILL ENTERTAIN
REQUESTS FOR ONE MINUTE
SPEECHES.
FOR WHAT PURPOSE DOES THE
GENTLEMAN FROM ILLINOIS RISE?
MINUTE.
REVISE AND EXTEND.
WITHOUT
OBJECTION.
MADAM SPEAKER, AS THE LARGEST
MANUFACTURING DISTRICT IN THE
COUNTRY, AND AS PART OF A JOBS
PLAN THAT I THINK IS IMPORTANT
FOR OUR COUNTRY, I'M FOCUSED ON
MANUFACTURING THROUGHOUT NOT
ONLY THE COUNTRY BUT
SPECIFICALLY ILLINOIS' 10TH
CONGRESSIONAL DISTRICT.
THAT'S WHY I HAVE BEEN
FOCUSED ON SCIENCE, TECHNOLOGY,
ENGINEERING, AND MATHEMATICS
EDUCATION, OR STEM.
SO THAT THOSE THAT ARE CURRENTLY
UNEMPLOYED ARE THOSE STUDENTS
WHO WILL BE ENTERING THE WORK
FORCE CAN LEARN NEW SKILLS AND
GO ON TO THE FIELD WITH GOOD,
HIGH-PAYING JOBS.
IN MY DISTRICT, I'M WORKING WITH
HIGH SCHOOLS AND MANUFACTURERS
ON RECRUITING STUDENTS TO GO
INTO STEM FIELDS.
WE ARE WORKING ON CONNECTING
STUDENTS WITH MANUFACTURERS, WHO
ARE LOOKING FOR EMPLOYEES.
I WANT TO RECOGNIZE THE EFFORTS
OF MADUSA CONSULTING, ILLINOIS
WORK NET, AND MANUFACTURING
CAREERS INCORPORATED FOR THEIR
LEADERSHIP IN BRINGING THE
MANUFACTURING JOBS FAIR TO
DISTRICT 214 FIELD HOUSE IN
ARLINGTON HEIGHTS THIS UPCOMING
DECEMBER 5.
I WANT TO ENCOURAGE MY
COLLEAGUES TO SUPPORT STEM
EDUCATION AND TO WORK WITH THEIR
LOCAL BUSINESSES ON HOSTING
THESE IMPORTANT JOBS FAIRS AND
MANUFACTURING WORKSHOPS.
THIS IS ABSOLUTELY CRITICAL IF
WE WANT TO GET AMERICA BACK TO
WORK.
WITH THAT I YIELD BACK.
ARE
THERE FURTHER ONE MINUTES?
FOR WHAT PURPOSE DOES THE
GENTLELADY FROM TEXAS RISE?
TO ADDRESS THE
HOUSE FOR ONE MINUTE.
WITHOUT
OBJECTION, SO ORDERED.
THE HOUSE WILL BE IN ORDER.
THANK YOU VERY
MUCH, MR. SPEAKER.
ONE OF THE REASONS THAT I ROSE
TO THE FLOOR OF THE HOUSE TO
THE BALANCED BUDGET
AMENDMENT, AND I HOPE THE
AMERICAN PEOPLE AND OUR
COLLEAGUES CAN SEE THE VALUE OF
A VIGOROUS DEBATE.
I APPLAUD THE RULES COMMITTEE
FOR ALLOWING US THE TIME TO
DELIBERATE ON THE ISSUE OF A
BALANCED BUDGET AMENDMENT.
IT'S FOR THE VERY REASON THAT MY
GOOD FRIEND AND COLLEAGUE JUST
SPOKE ABOUT, OUR YOUNG PEOPLE
AND OPPORTUNITIES FOR JOBS.
I JOIN HIM IN FINDING PATHWAYS
FOR YOUNG PEOPLE TO BE
TRANSITIONED INTO JOBS AND
OTHERS INTO JOBS ALONG WITH A
COLLEGE EDUCATION.
THE NORTH FOREST INDEPENDENT
SCHOOL DISTRICT, A SMALL SCHOOL
DISTRICT IN TEXAS DESIGNATED TO
BE CLOSED BY GOVERNOR PERRY,
TEXAS EDUCATION, AGENCY IS
TRYING TO DO JUST THAT.
TO HAVE JOB TRAINING, TO HAVE
PARTNERSHIPS WITH THE HOUSTON
COMMUNITY COLLEGE, AND I
CONGRATULATE MR. IVORY AHORN FOR
GETTING SOME 7,000-PLUS
SIGNATURES TO OPPOSE THE CLOSING
OF THIS SCHOOL DISTRICT.
A HIGH SCHOOL THAT IS ON THE
VERGE OF TRAINING INDIVIDUALS IN
THE TRADES AND THE SKILLS OF
MANUFACTURING AND THEN BRIDGING
THEN ON TO COLLEGE.
WE'VE GOT TO RECOGNIZE THAT
WE'VE GOT TO BUILD THE HUMAN
RESOURCE AND A BALANCED BUDGET
AMENDMENT IGNORES THE NEEDS FOR
PROTECTING MEDICARE, SOCIAL
SECURITY, AND MEDICAID, BUT
INVESTING IN OUR CHILDREN,
PROVIDING THEM WITH THE
OPPORTUNITY AND -- FOR JOBS.
WORKING WITH THIS CONGRESS TO
INVEST WITH HUMAN RESOURCES.
THE
GENTLELADY'S TIME HAS EXPIRED.
FOR WHAT PURPOSE DOES THE
GENTLEMAN FROM COLORADO RISE?
WITHOUT OBJECTION, SO ORDERED.
MR. SPEAKER, I RISE AT THAT
HONOR THE 150TH ANNIVERSARY OF
WELD COUNTY, COLORADO.
WELD COUNTY TAKES ITS NAME FROM
LEWIS LED YARD WELD.
WELD WAS APPOINTED BY PRESIDENT
LINCOLN AS COLORADO'S FIRST
TERRITORIAL SECRETARY.
ON NOVEMBER 1, 1861, THE
COLORADO TERRITORIES GENERAL
ASSEMBLY OFFICIALLY ORGANIZED
WELD COUNTY.
THIS NOVEMBER MARKS 9150TH YEAR
ANNIVERSARY.
AS WITH MOST WESTERN
SETTLEMENTS, WELD COUNTY HAD A
SPARSE POPULATION.
IT'S GOT OVER
FROM A HUMBLE START AS AN AREA
BASED ON COAL MINING, IT'S
FLOURISHED WITH A THRIVING
ECONOMY.
IT'S THE TH LEADING AGRICULTURAL
COUNTY IN THE ENTIRE UNITED
STATES AND ONLY COUNTY OUTSIDE
OF CALIFORNIA RANKED IN THE TOP
FROM SMALL BUSINESSES, GREAT
LAND MORE FARMING, WELD COUNTY
IS ALSO HOME TO THE UNIVERSITY
OF NORTHERN COLORADO AND THE
UPONEE NATIONAL GRASS LANDS.
IT'S HOME TO OVER 19 DIFFERENT
TOWNS, EACH ONE WITH A UNIQUE
IDENTITY THAT MAKES THIS AREA
IT'S HOME TO THRIVING INTEREST
PIONEERS.
ONE OF MY FAVORITE EVENTS EVERY
YEAR IS THE FOURTH OF JULY
GREELEY STAMPEDE AND PARADE.
IT REMINDS ME WHAT IT MEANS TO
CALL COLORADO HOME.
IT EMBODIES EVERYTHING THAT IS
GREAT ABOUT HEADING WEST.
AND I AM PROUD TO RECOGNIZE
THEIR 150TH ANNIVERSARY.
I YIELD BACK.
FOR
WHAT PURPOSE DOES THE GENTLELADY
FROM OHIO RISE?
I ASK UNANIMOUS
CONSENT TO ADDRESS THE HOUSE FOR
ONE MINUTE, MR. SPEAKER.
OBJECTION, SO ORDERED.
MR. SPEAKER, WITH
THANKSGIVING APPROACHING, LET US
ABOUT OUR FELLOW AMERICANS
AND ASK OURSELVES THE QUESTION,
WHAT WE CAN DO TO SERVE THEM
THIS COMING WEEK AND INTO THE
FUTURE.
YOU KNOW AVERAGE INCOMES FOR
AMERICANS FOR THE AVERAGE FAMILY
HAS GONE DOWN ABOUT 6.7% AND WE
KNOW POFFER RATES HAVE RISEN
15%.
FOR ALL THOSE LISTENING TODAY AS
WE LOOK ACROSS OUR COUNTRY THINK
ABOUT WHAT YOU CAN DO THIS WEEK
AND EVERY WEEK TO HELP OUR FOOD
BANKS THAT ARE SHORT ON SUPPLIES
ACROSS OUR COUNTRY.
EVERY CLASS, EVERY RELIGIOUS
ORGANIZATION, EVERY PERSON CAN
DO SOMETHING EXTRA TO HELP THIS
WEEK TO GIVE EVERY AMERICAN A
THINK ABOUT HOW YOU CAN HELP A
LOCAL FEEDING KITCHEN.
THINK ABOUT HOW YOU MIGHT
CHALLENGE YOUR SPORTS TEAM TO GO
GREEN IN THE FIELDS AND COLLECT
IF YOU LIVE IN THE PART OF THE
COUNTRY THAT AGRICULTURE EXISTS,
THE EXTRA CABBAGE AND APPLES
THAT WILL BE THERE AND PLOWED
UNDER IF YOU DON'T PICK THEM.
ACROSS OUR COUNTRY THIS IS A
YEAR WHEN AMERICANS CAN SAY TO
ONE ANOTHER, HAPPY THANKSGIVING,
WE BELIEVE IN YOU.
WE WANT TO HELP YOU THROUGH
THESE DIFFICULT TIMES.
IT REACHES THE TRUE HEART OF THE
AMERICAN PEOPLE.
WHO KNOW WHAT'S RIGHT TO DO.
AND LET'S GIVE EVERY AMERICAN A
HAPPY THANKSGIVING.
EVERY DAY.
GOD BLESS AMERICA.
FOR
WHAT PURPOSE DOES THE GENTLEMAN
FROM PENNSYLVANIA RISE?
REQUEST PERMISSION TO ADDRESS
THE HOUSE FOR ONE MINUTE.
WITHOUT
OBJECTION, SO ORDERED.
MR. SPEAKER, THIS
WEEK SPEAKER BOEHNER ANNOUNCED A
BILL THAT WILL BE INTRODUCED
SOON TO CONGRESS TO DEAL WITH
OUR JOBS ISSUE.
IT'S NOT ONE THAT RAISES TAXES.
IT'S NOT ONE WHICH IS GOING TO
ADD TO THE DEFICIT.
IT IS THE AMERICAN JOBS AND
INFRASTRUCTURE AND ENERGY ACT
WHICH WILL BE INTRODUCED SOON.
IT IS AN ACT THAT IS RELATED TO
THAT I PRESENTED TO THIS CHAMBER
FOR SEVERAL YEARS IN A
BIPARTISAN MOVE TO GET AMERICA
BACK TO WORK.
INSTEAD OF IMPORTING $129
BILLION WORTH OF OIL EVERY YEAR
AND SENDING THEM, IT USES OUR
OIL OFF OUR COAST TO CREATE
OUR INFRASTRUCTURE IN AMERICA
HAS A $2 TRILLION PRICE TAG TO
REPAIR OUR ROADS, HIGHWAYS, AND
WE ALSO STILL HAVE 14 MILLION
AMERICANS OUT OF WORK AND
ANOTHER 10 MILLION LOOKING FOR
WORK.
IT'S TIME AMERICA GOT BACK TO
WORK AND WE CAN DO IT WITH THIS
BILL.
I URGE ALL MY COLLEAGUES TO --
MAKE SURE THEIR PART OF THIS
BILL WHEN IT COMES UT A ENGET
AMERICANS BACK TO WORK AND
REBUILD AMERICA ONCE AGAIN.
I YIELD BACK.
ARE
THERE ANY FURTHER ONE MINUTE
UNDER THE PEEKER TISSUE
SPEAKER'S ANNOUNCED SPOIL OF
SCRAN 5, 2011 THE GENTLEMAN
FROM ILLINOIS, MR. SHIMKUS IS
RECOGNIZED FOR 60 MINUTES OF
THE -- AS A DESIGNEE OF THE
MAJORITY LEADER.
I ASK UNANIMOUS
CONSENT TO REVISE AND EXTEND MY
REMARKS.
WITHOUT OBJECTION, SO ORDERED.
SPEAKER.
I COME DOWN TO THE FLOOR ONCE A
WEEK TO TALK ABOUT THE HIGH
LEVEL NUCLEAR WASTE ISSUE IN
THIS COUNTRY AND THE FACT THAT
THIS COUNTRY STILL DOESN'T HAVE
A SING REAL POZZER TO TO STORE
HIGH LEVEL NUCLEAR WASTE.
THROUGHOUT THIS WEEK, I HAVE
TALKED ABOUT HANNIFORD,
WASHINGTON, THAT HAS HIGH
LEVELS OF NUCLEAR WASTE.
I WENT TO ZION NUCLEAR POWER
PLANT, RIGHT OFF LAKE MICHIGAN,
TO TALK ABOUT ITS NUCLEAR WASTE
RIGHT OFF ITS WASTE.
-- RIGHT OFF THE LAKE.
I WENT TO SAVANNAH, GEORGIA, TO
TALK ABOUT THE PLANT THAT SITS
RIGHT NEXT TO THE RIVER.
I WENT TO THE PACIFIC OCEAN
BETWEEN LOS ANGELES AND SAN
DIEGO, WHERE THERE'S A NUCLEAR
POWER PLANT RIGHT ON THE
PACIFIC OCEAN.
TODAY, I TAKE THE NATION TO
IDAHO, FOR IDAHO NATIONAL --
WHERE IDAHO NATIONAL
LABORATORIES IS LOCATED.
COMPARING THIS SITE AS I DO
THE DEFINED LOCATION
UNDER FEDERAL LAW IN THE 1982
NUCLEAR WASTE POWER ACT, YUCCA
MOUNTAIN.
NATIONAL LABS.
AT THE NATIONAL LABS WE HAVE
5,090 CANISTERS OF NUCLEAR
WASTE.
EWE KA -- YOU KA MOUNTAIN,
NONE.
AT IDAHO, WASTE IS STORED
ABOVEGROUND AND IN POOLS.
AT YUCCA MOUNTAIN, WASTE WILL
BE STORED 1,000 FEET FROM THE
SURFACE OF THE GROUND.
AT IDAHO, THE WASTE IS 500 FEET
ABOVE THE WATER TABLE.
AT YUCCA MOUNTAIN, WASTE IS
1,000 FEET ABOVE THE WATER
TABLE.
IDAHO NATIONAL LABS, 50 MILES
FROM THE NATIONAL PARK, YUCCA
MOUNTAIN IS 100 MILES FROM THE
COLORADO RIVER.
WHY IS IT IMPORTANT TO ADDRESS
THESE ISSUES?
THERE ARE NUCLEAR PLANTS NOT
INCLUDING NUCLEAR WASTE AT
DEFENSE LABS, D.O.E. LABS AND
THE LIKE.
WHAT THIS COUNTRY NEEDS TO
UNDERSTAND IS THERE'S NUCLEAR
WASTE ALL OVER THE PLACE AND
NEXT TO MAJOR POPULATION
CENTERS AND NEXT TO MAJOR WATER
RESERVES.
WHAT I'VE ALSO DONE IN COMING
DOWN *** IS HIGHLIGHTING HOW
DO THE SENATORS FROM THE STATES
THAT SURROUND THE IDAHO NUCLEAR
LAB, WHAT ARE THEIR POSITIONS?
AND THEIR POSITIONS ARE AS
FOLLOWS.
SENATOR BORASSO FROM WYOMING IS
A SUPPORTER OF YUCCA MOUNTAIN
AND HAS STATED THAT THE END
RESULT OF THIS IS A
FIVE-FOOT-LONG, 25-FOOT-WIDE
HOLE IN THE NEVADA DESERT,
TO STORE NUCLEAR WASTE
BUT INSTEAD IT STANDS AS A
MONUMENT TO GOVERNMENT WASTE.
THE OTHER SENATOR SAID
PRESIDENT OBAMA PROMISED
CHANGE.
I AM DISPOINTED THAT HIS YUCCA
MOUNTAIN POLICY IGNORES THAT
CAMPAIGN PROMISE.
MIKE CREPO FROM IDAHO VOTED YES
FOR YUCCA MOUNTAIN AND HE'S
DISAPPOINTED IN THE
ADMINISTRATION AND THE NEW
NORTH FROM IDAHO, SENATOR RICH,
SAYS THE PRESIDENT'S DECISION
TO KILL THE NATION'S
CONGRESSIONALLY DIRECTED
REPOSITORY FOR HIGH LEVEL
NUCLEAR WASTE AS A FAVOR TO ONE
STATE IS POLITICS AT ITS WORST.
THE ADMINISTRATION'S DECISION
TO UNDERMINE THEIR COMMITMENTS
TO IDAHO AND 33 OTHER STATES
WITH NO CLEAR ALTERNATIVE
CANNOT STAND.
THIS HAS BECOME A HALLMARK OF
THIS ADMINISTRATION, FIRST WITH
THE GUANTANAMO PRISON SITE AND
NOW YUCCA MOUNTAIN TO JUMP
WITHOUT KNOWING WHERE THEY'RE
GOING TO LAND.
SO THE OTHER THING I'VE BEEN
DOING IS HIGHLIGHTING, AS I'VE
BEEN TAKING THE COUNTRY THROUGH
THE HIGH LEVEL NUCLEAR WASTE
AREAS AROUND THE COUNTRY, WHERE
ARE THE SENATORS BASED UPON
THEIR PAST VOTES OR CURRENT
STATEMENTS?
RIGHT NOW, WE HAVE 17 NARTS IN
SUPPORT.
WE HAVE THREE IN OPPOSITION,
AND WE HAVE FOUR WHICH REALLY
HAVE NO DEFINED POSITION AS OF
YET.
SENATOR FEINSTEIN, OF COURSE,
HAS SPOKEN IN OPPOSITION TO
YUCCA MOUNTAIN BUT WITH
FUKUSHIMA DAICHI AND THE FACT
SHE HAS NUCLEAR POWER PLANTS ON
THE SHORE, I THINK SHE'S
RE-EVALUATING.
WE NEED 60 VOTES IN THE SENATE
TO MOVE FORWARD AND FINISH THE
SCIENCE ON YUCCA MOUNTAIN SO
THAT BY FEDERAL LAW, YUCCA
MOUNTAIN BECOMES THE SINGLE
REPOSITORY FOR HIGH LEVEL
NUCLEAR WASTE IN THIS COUNTRY.
WITH THAT, MR. SPEAKER, I YIELD
BACK THE BALANCE OF MY TIME.
THE
CHAIR REALLOCATES THE BALANCE
OF THE MAJORITY LEADER'S TIME
TO THE GENTLEMAN FROM GEORGIA.
IN HOSEA 4:6, GD
SAYS, MY PEOPLE ARE DESTROYED
FOR LACK OF KNOWLEDGE.
BECAUSE YOU HAVE REJECTED
KNOWLEDGE, I ALSO WILL REJECT
YOU AS MY PRIEST BECAUSE YOU
HAVE IGNORED THE LAW OF YOUR
I ALSO WILLIG FOREYOUR
CHILDREN.
HOLY,
RIGHTEOUS GOD THAT CAN DO
NOTHING ELSE BUT THAT PROMISE.
WE HAVE TO UNDERSTAND THAT IN
THIS COUNTRY WE HAVE A
TREMENDOUS LACK OF KNOWLEDGE
ABOUT OUR U.S. CONSTITUTION.
WE HAVE A TREMENDOUS LACK OF
KNOWLEDGE ABOUT THE BIBLICAL
FOUNDATIONS OF OUR NATION AND
HOW OUR FOUNDING FATHERS
BELIEVED IN LIBERTY.
AND WE'RE LOSING THAT LIBERTY
TREMENDOUSLY BECAUSE WE HAVE A
TREMENDOUS LACK OF KNOWLEDGE.
FOR DECADES, SWORN OFFICERS --
LET ME GO BACK AND TELL YOU IN
PSALM 11, GOD SAYS IF THE
FOUNDATIONS BE DESTROYED, WHAT
ARE THE RIGHTEOUS TO DO?
I BELIEVE IT'S A CALL TO DUTY
TO REBUILD THE FOUNDATIONAL
PRINCIPLES THAT ARE BEHIND
LIBERTY.
FOR DECADES, SWORN OFFICERS OF
THE UNITED STATES, IN FACT, ALL
PUBLIC SERVANTS, HAVE BEEN
VIOLATING -- HAVE TAKEN AN OATH
TO UPHOLD THE CONSTITUTION
AGAINST ENEMIES FOREIGN AND
DOMESTIC.
FOR DECADES, SWORN OFFICERS OF
THE UNITED STATES HAVE VIOLATED
THAT OATH TO UPHOLD AND PROTECT
OUR NATION'S MOST PRECIOUS
DOCUMENT, THE U.S.
CONSTITUTION.
DOMESTICALLY, THERE ARE MANY
WHO BUY THEIR -- WHO BY THEIR
ACTIONS, EITHER INTENTIONALLY
OR UNINTENTIONALLY UNDERMINE
OUR GOVERNING DOCUMENT.
EVERY DAY, OFFICIALS, RANGING
FROM FEDERAL JUDGES TO U.S.
SENATORS, MEMBERS OF THE HOUSE,
LEADERSHIP, IGNORE THE ORIGINAL
INTENT OF OUR FOUNDERS.
THAT WAS PUT IN THE
CONSTITUTION OF THE UNITED
STATES.
THE DISTORTION IS SO GREAT THAT
THAT -- THAT NOW THERE IS SO
LITTLE CORRELATION BETWEEN
THEIR WORDS AND OUR ACTIONS
HERE IN WASHINGTON, D.C.
THIS HAS BECOME THE NORM FOR
TODAY'S BODY OF GOVERNMENT.
BUT IT IS NOT WHAT THE GREAT
LAWMAKERS OF THE PAST
ENVISIONED FOR AMERICA'S
FUTURE.
TODAY, I'D LIKE TO FOCUS IN
PARTICULAR ON ONE CAUSE OF THE
CONSTITUTION, WHERE WE HAVE
SEEN A DRAMATIC AND A DANGEROUS
DISTORTION OF OUR FOUNDING
FATHERS' ORIGINAL INTENT.
THE COMMERCE CLAUSE HAS SLOWLY
BEEN ERODED BY THE SELFISHNESS
OF POLITICIANS AND COURTS
ALIKE.
NOWADAYS, IT CAN BE CARELESSLY
APPLIED TO ALMOST ANY CASE THAT
EXPANDS THE SIZE AND SCOPE OF
THE FEDERAL GOVERNMENT AS IT
RELATES TO OUR ECONOMY.
I'LL WALK YOU THROUGH TODAY,
THROUGH TIME.
STARTING WITH OUR FOUNDING
FATHERS' ORIGINAL INTENT FOR
THE CAUSE AND THEN MOVING
THROUGH THE YEARS TO POINT OUT
SPECIFIC CASES THAT HAVE LED TO
DETERIORATION OF THE COMMERCE
CLAUSE.
WE'LL END WITH A MODERN DAY
SITUATION THAT I KNOW EVERYBODY
THIS COUNTRY, I THINK, IS
FAMILIAR WITH.
AND THAT BEING THE
CONSTITUTIONALITY OF OBAMACARE.
I HOACH THAT ALL OF OUR VIEWERS
WILL STAY WITH ME THROUGHOUT
THE HOUR BECAUSE IT IS SO
IMPORTANT THAT YOU HELP ME TO
EDUCATE THE REST OF YOUR
NEIGHBORS, YOUR FAMILY, YOUR
FRIENDS, ON HOW THE FEDERAL
GOVERNMENT HAS SPIRALED OUT OF
IT'S UP TO THE AMERICAN PEOPLE.
WE, THE PEOPLE.
TO DEMAND THAT WASHINGTON GETS
BACK TO CONSTITUTIONALLY
LIMITED GOVERNMENT AS OUR
FOUNDING FATHERS INTENDED IT.
WE'VE GOTTEN AWAY FROM THEIR
THOUGHTS.
WE'VE GOTTEN AWAY FROM THEIR
INTENT OF OUR GOVERNMENT.
AND WE SEE THE PROBLEMS THAT WE
HAVE TODAY BECAUSE OF THAT.
THERE ARE MANY ASPECTS THAT
HAVE CONTRIBUTED TO THE
OVERREACH OF TODAY'S
BUT THE SINGLE BIGGEST OFFENDER
HAS BEEN THE EVER-EXPANDING
INTERPRETATION OF THE COMMERCE
CLAUSE IN ARTICLE 1, SECTION 8
OF THE CONSTITUTION.
IN FACT, AS AN ORIGINAL INTENT
CONSTITUTIONALIST, I SAY WE
SHOULDN'T INTERPRET THE
CONSTITUTION, WE MUST APPLY THE
CONSTITUTION AS IT WAS
INTENDED.
ARTICLE 1, SECTION 8, COMMERCE
CLAUSE TO REGULATE COMMERCE
WITH FOREIGN NATIONS AND AMONG
THE SEVERAL STATES AND WITH THE
INDIAN TRIBES.
SO WHAT DOES IT MEAN TO
REGULATE COMMERCE?
TO UNDERSTAND WHAT IS MEANT BY
THE WORD COMMERCE, A GREAT
PLACE TO START IS WITH THE
CONSTITUTION ITSELF.
ARTICLE 1, SECTION 9 OF THE
DOCUMENT STATES, NO PREFERENCE
SHALL BE GIVEN BY ANY
REGULATION OF COMMERCE OR
REVENUE TO THE PORTS OF ONE
STATE OVER THOSE OF ANOTHER,
TO OR
FROM ONE STATE BE OBLIGED TO
PAY DUTIES IN ANOTHER.
WHAT'S THAT MEAN?
COMMERCE IS BETWEEN STATES.
COMMERCE IS SUPPOSED TO GO
ACROSS STATE LINES.
THAT'S WHAT COMMERCE MEANS.
THE WAY COMMERCE WAS REGULARLY
UNDERSTOOD, BY BOTH THE FRAMERS
OF THE CONSTITUTION AND THE
GENERAL PUBLIC AT THAT TIME, TO
MEAN TRADE BETWEEN THE STATES.
NOW WHAT ABOUT THE WORDS "TO
REGULATE"?
DURING THAT PERIOD OF TIME, THE
TERM REGULATE MEANT TO MAKE
REGULAR.
NOT TO CONTROL AS IT IS SO
OFTEN USED TODAY.
TO MAKE REGULAR.
TO MAKE IT WORK.
TO EXPAND COMMERCE, NOT TO
CONTROL IT.
TO PUT IT IN PLAIN WORDS, THE
ORIGINAL INTENT OF THE COMMERCE
CLAUSE WAS TO MAKE THAT
COMMERCE AND TRADE BETWEEN THE
STATES NORMAL OR REGULAR.
IT WAS DESIGNED TO PROMOTE
TRADE AND EXCHANGE, NOT TO
HINDER IT WITH CRUSHING
REGULATIONS.
MOREOVER, THE FRAMERS OF THE
CONSTITUTION WANTED TO ENSURE
THAT COMMERCE BETWEEN THE
STATES WAS NOT LIMITED BY TAXES
OR TARIFFS.
HERE'S SOME EXAMPLES OF WHAT
JAMES MADISON AND ALEXANDER
HAMILTON ENVISIONED.
JAMES MADISON WROTE, THE POWERS
DELEGATED BY THE PROPOSED
CONSTITUTION TO THE FEDERAL
GOVERNMENT ARE FEW AND DEFINED.
THOSE WHICH ARE TO REMAIN IN
THE STATE GOVERNMENTS ARE
NUMEROUS AND INDEFINITE.
I ENCOURAGE PEOPLE TO READ THE
STATES.
THE 10TH AMENDMENT SAYS, IF A
POWER IS NOT SPECIFICALLY GIVEN
TO THE FEDERAL GOVERNMENT BY
THE CONSTITUTION, THE 18 THINGS
THAT IN ARTICLE 1, SECTION 8,
THAT BEGINS HERE AND ENDS HERE
THIS LITTLE LOOK LET --
BOOKLET, 18 THINGS IS ALL THE
CONSTITUTION GIVES CONGRESS THE
AUTHORITY TO VOTE ON.
NATIONAL DEFENSE, NATIONAL
SECURITY SHOULD BE THE MAJOR
FUNCTION OF THE FEDERAL
GOVERNMENT.
IT CERTAINLY IS NOT MEANT TO
EXPAND BEYOND WHAT THE
CONSTITUTION SAYS AS JAMES
MADISON WROTE IN "FEDERALIST
45."
SIMPLY PUT, MADISON WAS
REINFORCING THE POINT THAT THE
POWERS OF THE FEDERAL
GOVERNMENT UNDER THE PROPOSED
CONSTITUTION SHOULD BE VERY
LIMITED WHILE THE POWERS WITH
THE STATES ARE BROAD IN SCOPE
AND ARE MORE INDIVIDUALIZED AND
ARE EXTREMELY BROAD IN
CHARACTER.
AGAIN, THE COMMERCE CLAUSE.
IT WAS NOT MEANT TO BE
STRETCHED AS THIN AS IT IS
TODAY, WHERE IT CAN BE APPLIED
TO ALMOST ALL FORMS OF ECONOMIC
PROSPERITY, AT BOTH THE STATE
AS WELL AS THE FEDERAL LEVELS.
MORE SPECIFIC
EXAMPLES IN JUST A FEW MINUTES.
HERE'S A QUOTE FROM ALEXANDER
HAMILTON, ONE OF THE
FEDERALISTS WHO WANTED A STRONG
FEDERAL GOVERNMENT.
HE WROTE, IN "FEDERALIST 11,"
HE MAKES THE CASE THAT THE
STATES SHOULD HAVE UNRESTRAINED
ECONOMIC INTERACTION WITH EACH
OTHER, TO THEREFORE BOLSTER
U.S. PRODUCTIVITY AND MAKE OUR
EXPORTS MORE DESIRABLE TO
FOREIGN MARKETS.
HE WROTE, AN UNRESTRAINED
INTERCOURSE BETWEEN THE STATES
THEMSELVES WILL ADVANCE THE
TRADE OF EACH BY AN INTERCHANGE
OF THEIR RESPECTIVE PRODUCTS,
NOT ONLY FOR THE SUPPLY OF
RECIPROCAL WANTS AT HOME, BUT
FOR EXPORTATION TO FOREIGN
MARKETS.
THE VEENS OF COMMERCE IN EVERY
-- THE VEINS OF COMMERCE IN
EVERY PART WILL BE REPLENISHED
AND WILL ACQUIRE ADDITIONAL
MOTION AND VIGOR FROM A FREE
OF EVERY PART.
SOME FELT AS THOUGH JUSTICE
DEPARTMENT PRIZE WOULD HAVE A
GREATER SCOPE OF DIVERSITY IN
THE GOODS OF DIFFERENT STATES.
HE ALSO FELT AS THOUGH WHEN AN
INDUSTRY SUFFERED IN ONE STATE,
IT SHOULD BE ABLE TO ASK FOR
ASSISTANCE FROM OTHER STATES.
HAMILTON WENT ON TO SAY, QUOTE,
THE VARIETY, NOT LESS THAN THE
VALUE OF PRODUCTS FOR
EXPORTATION, CONTRIBUTES TO THE
ACTIVITY OF FOREIGN COMMERCE.
IT CAN BE CONDUCTED UPON MUCH
BETTER TERMS WITH A LARGE NUMBER
OF MATERIALS OF A GIVEN VALUE
THAN WITH A SMALL NUMBER OF
MATERIALS OF THE SAME VALUE.
ARISING FROM THE COMPETITIONS OF
TRADES AND FROM THE FLUCTUATIONS
PARTICULAR ARTICLES MAY BE IN
GREAT DEMAND AT CERTAIN PERIODS
AND UNSAILABLE AT OTHERS.
BUT IF THERE BE A VARIETY OF
ARTICLES, IT CAN SCARCELY HAPPEN
ALL BE AT ONE TIME
IN THE LATTER PREDICAMENT.
AND ON THIS ACCOUNT THE
OPERATIONS OF THE MERCHANT WOULD
BE LESS LIBEL TO ANY
CONSIDERABLE OBSTRUCTION OR
STAGNATION.
THE SLECK LAIVE TRADER WILL AT
ONCE PERCEIVE THE FORCE OF THESE
AND WILL ACKNOWLEDGE THAT THE
EVER GOOD BALANCE OF THE
COMMERCE OF THE UNITED STATES
WOULD BE APPEAR TO BE MUCH MORE
FAVORABLE THAN THAT OF THE 13
STATES WITHOUT UNION OR WITH
PARTIAL UNIONS.
HE'S SAYING THIS IN AN ARGUMENT
GEARED TOWARDS A STRONG UNION OF
FEDERAL GOVERNMENT.
BUT WHAT'S HE SAYING THERE?
THAT THE COMMERCE OF THE STATES
IN A HOLE SHOULD BE CONSIDERED.
SO TO SUM IT UP IT IS WITHOUT A
DOUBT THAT THE COMMERCE CLAUSE
WAS INTENDED TO ENSURE FREE
TRADE BETWEEN THE STATES.
AND TO ULTIMATELY CREATE THE
MOST BALANCED AND DESIRABLE
AMERICAN PRODUCTS TO SELL TO
FOREIGN BUYERS.
LET'S TAKE A LOOK AT SOME
SPECIFIC CASES THAT LED TO THE
DESTRUCTION OF THE COMMERCE
CLAUSE.
IN THE FIRST CASE WE ARE GOING
TO EXAMINE GIBBONS VS. OGDEN,
THIS CASE WAS IN 1824.
IT IS THE FIRST CASE IN WHICH
THE COMMERCE CLAUSE WAS BROAD
AND BEYOND ITS ORIGINAL MEANING
UNDER THE CONSTITUTION.
HERE'S A LITTLE BACKGROUND ON
THE CASE.
NEW YORK PASSED A LAW GRANTING
TWO OPERATORS, ROBERT L.
LIVINGSON AND ROBERT FULTON THE
EXCUSIVE RIGHT TO OPERATE
STEAMBOATS WITHIN ITS WATERS,
WITHIN THE STATE OF NEW YORK.
OPERATORS FROM OUTSIDE THE STATE
OF NEW YORK WISHING TO NAVIGATE
WATERS WITHIN NEW YORK REQUIRED
TO GET A SPECIAL PERMIT IN ORDER
TO DO SO.
AARON OGDEN FILED SUIT.
ARGUING THAT THIS STATE
SPONSORED MONOPOLY WAS IN
OPPOSITION TO CONGRESS'
CONSTITUTIONAL AUTHORITY TO
REGULATE INTERSTATE COMMERCE.
IN HIS OPINION CHIEF JUSTICE
JOHN MARSHALL RULED THAT THE
WORD COMMERCE WAS FOUND -- AS
FOUND IN THE CONSTITUTION
INCLUDES IN ITS DEFINITION THE
TRANSPORT OF GOODS BETWEEN
STATES.
THIS RULING IS INCONSISTENT WITH
THE FRAMERS' INTENT.
AS YOU CAN SEE IN FEDERALIST 42.
WHEN JAMES MADISON WROTE, TO
THOSE WHO DO NOT VIEW THE
QUESTION THROUGH THE MEDIUM OF
PASSION OR OF INTEREST, THE
DESIRE OF THE COMMERCIAL STATES
TO COLLECT, IN ANY FORM, AN
INDIRECT REVENUE FROM THEIR
NONCOMMERCIAL NEIGHBORS, MUST
APPEAR NOT AS LESS IMPOLITIC
THAN IT IS UNFAIR, SINCE IT
WOULD STIMULATE THE INJURED
PARTY BY RESENTMENT AS WELL AS
INTEREST TO RESORT TO LESS
CONVENIENT CHANNELS FOR THEIR
FOREIGN TRADE.
FOREIGN TRADE.
COMMERCE OPENING UP BETWEEN THE
STATES IS NOT CONTROLLED WITHIN
THE STATES IS WHAT HE'S SAYING
MADISON WENT ON TO EQUATE
COMMERCE WITH WHAT HE DESCRIBED
AS INTERCOURSE BETWEEN THE
STATES AND WROTE THAT THE
DEFINITION OF AMONG THE STATES
AS STATED IN THE CONSTITUTION
WAS QUITE BROAD.
HE WROTE, THE WORD AMONG MEANS
INTERMINGLED WITH.
A SAYING WHICH IS AMONG OTHERS
IS INTERMINGED WITH THEM.
COMMERCE ALONG THE STATES CANNOT
STOP AT THE EXTERNAL BOUNDARY
LINE OF EACH STATE.
BUT MAYBE INTER-- BUT MAY BE
INTRODUCED INTO THE INTERIOR.
IT MAY VERY PROPERLY BE
RESTRICTED TO THAT COMMERCE
WHICH CONCERNS MORE STATES THAN
ONE.
AS A RESULT, SUBSEQUENT COURTS
HAVE RULED THAT CONGRESS HAS THE
COMMERCE THAT
NOT ONLY IS TRULY INTERSTATE IN
NATURE BUT ALSO COMMERCE WHICH
AFFECTS MORE THAN ONE STATE.
AS MATTHEW CLEMENTE OF FREEDOM
WORKERS POINTED OUT IN A RECENT
SERIES ENTITLED HOW THE COMMERCE
CLAUSE RELATES TO THE EXPANSION
OF THE FEDERAL GOVERNMENT
THROUGH HEALTH CARE, THIS BROAD
INTERPRETATION OF THE COMMERCE
CLAUSE HAS RESULTED IN
JUSTIFICATIONS OF A NUMBER OF
FEDERAL LAWS THAT REGULATE
PURELY INTRASTATE ACTIVITIES.
IN THE END, THE MARSHALL COURT
STRUCK DOWN NEW YORK'S LAW
BECAUSE OF ITS VIEW THAT
CONGRESS NOT THE STATES HAS THE
POWER TO CONTROL NAVIGATION
WITHIN EACH STATE SO LONG AS IT
RELATES TO INTERSTATE COMMERCE.
AND THIS OPENED THE DOOR FOR
EVEN LOOSER READINGS OF THE
COMMERCE CLAUSE IN LATER CASES.
SO JUST TO QUICKLY RECAP.
IN THIS CASE THE COURT RULED
THAT COMMERCE HAS BOTH THE POWER
REGULATE COMMERCE THAT IS
TRULY INTERSTATE IN NATURE AND
ACTIONS RELATED TO COMMERCE
WHICH AFFECT MORE THAN ONE
STATE.
EVEN THOUGH NOT THROUGH ONE
COMMON CHANNEL.
BUT THE REALITY IS THAT IN THE
FEDERALIST PAPERS ALEXANDER
HAMILTON REPEATEDLY EQUATES
COMMERCE WITH TRADE BETWEEN
NATIONS AS WE HAVE ALREADY SEEN.
HE DOES NOT EVER GIVE IT A
BROADER MEANING RELATED TO
ACTIVITIES CARRIED OUT WITH ANY
STATE WHICH MAY ALSO AFFECT
ACTIVITIES IN OTHER STATES.
LET'S LOOK AT ANOTHER CASE.
THIS ONE IS SWIFT AND COMPANY
VS. THE UNITED STATES IN 1905.
THE CASE RESOLVED AROUND A
NUMBER OF MEAT DEALERS IN
CHICAGO WHICH HAD FORMED A MEAT
TRUST IN WHICH THEY AGREED NOT
TO BID AGAINST ONE ANOTHER IN AN
EFFORT TO CONTROL MEAT PRICES.
AT THE SAME TIME THE MEMBERS OF
THE TRUST CONVINCED THE
RAILROADS TO CHARGE THEM BELOW
NORMAL RATES TO TRANSPORT THEIR
PRODUCT.
THE U.S. GOVERNMENT STEPPED IN
ATTEMPTING TO USE THE SHERMAN
ANTITRUST ACT TO BREAK UP THIS
TRUST.
ICING THE OPEN DOOR LEFT BY
MARSHALL'S EXPANSION OF THE
COMMERCE CLAUSE IN SWIFT, THE
COURT WENT A STEP FURTHER AN
RULED THAT ACTIVITIES INVOLVED
IN THE STREAM OF COMMERCE WERE
FAIR GAME FOR CONGRESSIONAL
REGULATION.
TOTALLY AGAINST ORIGINAL INTENT.
IN HIS OPINION JUSTICE OLIVER
WENDALL HOLMES WROTE THAT THE
ELEMENTS OF THE MEAT TRUST
SCHEME WERE SUCH THAT IT WAS
CLEAR THAT THE PARTICIPANTS
MEANT TO MONOPOLIZE THE MEAT
TRADE WITHIN THE STATE OF
ILLINOIS.
THEY TOOK THIS OBSERVATION A
SELF FURTHER BY SAYING THAT THE
TRUST INTENTION MAY ONLY HAVE
WITHIN
ITS OWN STATE BUT THE TRUST
EFFECT UPON COMMERCE AMONG THE
STATES IS NOT ACCIDENTAL
SECONDARY, REMOTE, OR MERELY
PROBABLE.
HE WENT ON TO DIFFERENTIATE IN
THIS CASE FROM CASES RELATED TO
MANUFACTURING STATING THAT,
QUOTE, HERE THE SUBJECT MATTER
IS SAILS.
AND THE VERY POINT OF THE
COMBINATION IS TO RESTRAIN AND
MONOPOLIZE COMMERCE AMONG THE
STATES IN RESPECT TO SUCH SAILS,
UNQUOTE.
DUE TO THE FACT THAT THE MEAT AT
ISSUE LIKELY HAD ROOTS IN
SEVERAL DIFFERENT STATES NOT
JUST ILLINOIS.
AND THEN ITS END DESTINATION
COULD ALSO HAVE BEEN WITHIN A
DIFFERENT STATE.
THAT IN EFFECT WAS AFFECTING THE
STREAM OF COMMERCE.
THUS THE RULING IN SWIFT HAD THE
EFFECT OF ALLOWING CONGRESSIONAL
REGULATION OF ACTIONS WHICH
COULD POTENTIALLY AFFECT
COMMERCE IN OTHER STATES.
NOT WOULD ACTUALLY AFFECT THE
COMMERCE BUT POTENTIALLY AFFECT
COMMERCE WITHIN ANOTHER STATE
SUCH AS THE SAIL OF ITEMS WHICH
SPEAK -- COULD BE CONSIDERED TO
BE WITHIN THE STREAM OF
COMMERCE.
AGAIN A FURTHER EXPANSION OF THE
ORIGINAL INTENT.
AGAIN TO RECAP WHAT THIS CASE
HAS SHOWN US.
THE COURT RULED THAT ACTIVITIES
INVOLVED IN THE STREAM OF
COMMERCE ARE POTENTIALLY -- OR
POTENTIALLY COULD BE INVOLVED IN
THE STREAM OF COMMERCE MAY BE
REGULATED BY CONGRESS.
BUT IN REALITY THIS DECISION HAD
THE EFFECT OF ALLOWING COMMERCE
TO -- CONGRESS TO REGULATE NOT
JUST ACTIONS WHICH COULD AFFECT
MORE THAN ONE STATE BUT ALSO
ACTIONS WHICH ARE CONSIDERED TO
BE WITHIN THE STREAM OF
COMMERCE.
AS A RESULT, IT WIDENS THE
BREADTH OF ISSUES OVER WHICH
CONGRESS MIGHT HAVE SERVED
AUTHORITY UPPED THE COMMERCE
CLAUSE, TOTALLY AGAINST THE
ORIGINAL INTENT.
NEXT THE STAFFORD VERSUS WALLACE
IN 1921 WE SEE CONGRESS PASSED
THE PACKERS AND STOCKYARDS ACT
IN 1921 TO CREATE NEW
REGULATIONS ON MEAT PACKERS IN
RESPONSE TO CHARGES THAT THEIR
PRACTICES WERE UNFAIR.
AND ENCOURAGED THE FORMATION OF
MONOPOLIES.
IN STAFFORD THE COURT AFFIRMED
-- REAFFIRMED ITS DECISION IN
SWIFT THAT WE JUST TALKED ABOUT,
FINDING THAT CONGRESS COULD
REGULATE ACTIVITIES WITHIN
STOCKYARDS.
SEEN AS LOCAL IN NATURE BECAUSE
THEY ARE A PART OF A CHANNEL OF
COMMERCE.
WRITING THE DECISION CHIEF
JUSTICE WILLIAM HOWARD TAFT
STATED THAT, QUOTE, THE OBJECT
OF THE -- TO BE SECURED BY THE
ACT IS THE FREE AND UNBURDENED
FLOW OF LIVESTOCK FROM THE
RANGES AND FARMS OF THE WEST AND
THE SOUTHWEST THROUGH THE GREAT
STOCKYARDS AND SLAUGHTERING
CENTERS ON THE BORDERS OF THAT
REGION.
AND THEN IN THE FORM OF MEAT
PRODUCTS TO THE CONSUMING CITIES
OF THE COUNTRY IN THE MIDDLE
WEST AND EAST.
ARE STILL AS LIVESTOCK TO THE
FEEDING PLACES AND FATTENING
FARMS IN THE MIDDLE WEST OR EAST
FOR FURTHER PREPARATION FROM THE
MARKET.
HE WENT ON TO STATE THAT IN HIS
OPINION ANY PRACTICE WHICH,
QUOTE, UNDULY AND DIRECTLY,
UNQUOTE, EFFECTS THE EXPENSES
INCURRED DURING THE PASSAGE OF
LIVESTOCK THROUGH THE STOCKYARDS
IS A, QUOTE, UNJUST OBSTRUCTION
TO THAT COMMERCE.
AND AS A RESULT CONGRESS HAS THE
ABILITY TO STEP IN AND REGULATE
IT.
HERE THE COURT RULES THAT THE
COMMERCE CLAUSE ALLOWS CONGRESS
TO ACT AS IF IT BELIEVES THAT A
LOCAL ENTITY IS PREVENTING THE
FREE AND UNBURDENED FLOW OF A
GOOD WHICH COULD HAVE ITS ROOTS
IN MULTIPLE STATES SUCH AS
CATTLE MOVING, STOCKYARDS, AND
THE PACKAGING PLANTS.
BUT IN REALITY THIS SIMPLY
REAFFIRMS THE SWIFT DECISION
WHICH ALLOWED CONGRESS TO INSERT
ITSELF INTO ANY ACTIVITY THAT
AFFECTS MORE THAN ONE STATE.
THEN IN RICKER VS. FILL BURN --
PHILBURN, WE SEE THIS CASE
OPENED THE DOORS WIDE, WIDELY
OPENED TO ALLOW COMMERCE TO
REGULATE ANY ACTIVITY THAT MIGHT
RELATE TO INTERSTATE COMMERCE.
I'M SURE THE FOUNDING FATHERS
WOULD ROLL OVER IN THEIR GRAVES
IF THEY KNEW WHAT KIND OF POWER
THE COURT BESTOWED ON THE
FEDERAL GOVERNMENT WITH THE
DECISION IN THIS PARTICULAR
CASE.
SO LET ME GIVE YOU A LITTLE
BACKGROUND INFORMATION ON THIS
CASE SO YOU CAN GRASP HOW
RIDICULOUS THE COURT'S DECISION
WAS IN THIS CASE.
ROSCOE FILBURN WAS A FARMER WHO
WAS PENALIZED BY THE U.S.
DEPARTMENT OF AGRICULTURE FOR
HARVESTING MORE WHEAT THAN HE
WAS ALLOTTED BY A U.S.
REGULATION THAT SET QUOTAS FOR
WHEAT CROPS.
FILBURN FILED SUIT CLAIMING THAT
HE WAS NOT GOING TO SELL THE
EXTRA WHEAT.
THAT HE WOULD ONLY BE USING IT
ON HIS OWN FARM FOR HIS OWN
FAMILY.
AND THEREFORE THE FEDERAL
GOVERNMENT SHOULD NOT HAVE ANY
SAY WHATSOEVER IN THE MATTER.
THE JUSTICE ROBIN H. JACKSON
WROTE IN HIS OPINION THAT,
QUOTE, THE COMMERCE POWER IS NOT
CONFINED IN ITS EXERCISE TO THE
REGULATION OF COMMERCE AMONG THE
STATES.
IT EXTENDS TO THOSE ACTIVITIES
INTERSTATE WHICH SO AFFECT
INTERSTATE COMMERCE, UNQUOTE.
HE WENT ON TO WRITE, AS THIS
POSTER SHOWS, EVEN IF AN
ACTIVITY BE LOCAL, AND THOUGH IT
MAY NOT BE REGARDED AS COMMERCE,
WHATEVER ITS
NATURE, BE REACHED BY CONGRESS
IF IT EXERTS A SUBSTANTIAL
ECONOMIC EFFECT ON INTERSTATE
COMMERCE.
IN OTHER WORDS, ANYTHING COULD
CLAUSE.
COMMERCE.
ANYTHING.
THAT'S WHAT WE SEE TODAY.
MOST RECENTLY IN 2005, THE
COURT REAFFIRMED THE DECISION
IN WICKARD VFMENT FILBURN WHICH
SHOWS THE INTERPRETATION OF THE
COMMERCE CLAUSE TO DATE.
THIS IS JUST A FEW YEARS AGO IN
2005,S THE WIDEST
INTERPRETATION OF THE COMMERCE
SHOWING THAT CONGRESS MAY NOT
EVEN SHOW EVIDENCE THAT AN
ACTION COULD AFFECT INTERSTATE
COMMERCE BEFORE IT IS TABLE
REGULATE IT.
THIS CASE ALSO ESTABLISHED THAT
CONGRESS NEEDS ONLY TO FIND
THAT A, QUOTE, RATIONAL BASIS,
EXISTS FOR BELIEVING THAT AN
ACTION COULD AFFECT COMMERCE IN
ORDER TO REGULATE IT.
AGAIN, IN THIS CASE, THE COURT
RULED THAT CONGRESS MAY
REGULATE ANY ACTIVITY WHICH
MIGHT RELATE TO INTERSTATE
COMMERCE.
HOW IN -- HOW INANE.
HOW UNCONSTITUTIONAL.
THE REALITY IS IT IS JUST
ABSURD THAT CONGRESS SHOULD
HAVE THIS POWER UNDER THE
COMMERCE CLAUSE TO STOP A PHAR
-- A FARMER FROM USING HIS OWN
COPS TO FEED HIS OWN LIVESTOCK
IN HIS OWN FAMILY SIMPLY
BECAUSE HIS DOING SO MAY RESULT
IN HIS NOT PURCHASING WHEAT
FROM ELSEWHERE WITHIN THE
MARKETPLACE.
WE CANNOT USE THE COMMERCE
CLAUSE TO AFFECT ANY ACTIVITY
ON COMMERCE.
HOWEVER THE REHNQUIST COURT
WROTE FROM THIS TREND AND
DECIDE TWO KEY CASES THAT
LIMITED THE USE OF THE COMMERCE
CLAUSE WHEN THE REGULATION WAS
NOT FIRMLY BASED ON ECONOMIC
I FIRMLY BELIEVE THAT WE NEED
TO MOVE EVEN MORE DRASTICALLY
IN THAT DIRECTION THAT THE
REHNQUIST COURT STARTED, OR
ESTABLISHED.
1995, U.S. VS. LOPEZ.
THE FIRST CASE WHERE A
DISTINCTION WAS DRAWN BETWEEN
USING THE COMMERCE CLAUSE TO
REGULATE ECONOMIC ACTIVITY AND
USING IT TO REGULATE ANY
ACTIVITY WHICH COULD
POTENTIALLY IMPACT COMMERCE.
ALFONZO LOPEZ WAS A HIGH SCHOOL
STUDENT CHARGED WITH POSSESSING
FIREARM ON SCHOOL PROPERTY
UNDER THE GUN-FREE SCHOOL ZONES
ACT OF 1990.
LOPEZ CHALLENGED THAT, CLAIMING
THE COMMERCE CLAUSE DOES NOT
GRANT CONGRESS THE AUTHORITY TO
SAY WHERE SOMEONE MAY OR MAY
NOT CARRY A GUN.
ATTORNEYS FOR THE FEDERAL
GOVERNMENT ARGUED THAT THE
POSSESSION OF A GUN -- THIS IS
JUST SO FAR OUT AND CRAZY, IT'S
HARD TO BELIEVE.
BUT THIS IS WHAT THEY ARGUED.
THE FEDERAL GOVERNMENT
ATTORNEYS ARGUED THAT
POSSESSION OF A GUN ON SCHOOL
GROUNDS COULD LEAD TO VIOLENT
CRIME.
THE GUN DOESN'T MAKE IT LEAD TO
VIOLENT CRIME BUT THAT'S WHAT
THEY WERE CLAIMING.
THIS WOULD INCREASE INSURANCE
COSTS.
AND IT ALSO WOULD DETER
VISITORS FROM COMING TO THE
GENERAL AREA, THUS DAMPENING
THE LOCAL ECONOMY.
THEY ALSO ARGUED THAT STUDENTS
WHO FEAR VIOLENCE IN THEIR
SCHOOLS ARE MORE LIKELY TO BE
DISTRACTED IN THE CLASSROOM,
RESULTING IN A LESS EDUCATED
WORK FORCE AND AN OVERALL
WEAKER NATIONAL ECONOMY.
BOY, THAT'S FAR-REACHING.
THAT'S WHAT YOUR FEDERAL
THIS CASE.
IN HIS OPINION, CHIEF JUSTICE
WILLIAM REHNQUIST WROTE, THE
POSSESSION OF A GUN IN A LOCAL
SCHOOL ZONE IS IN NO SENSE AN
ECONOMIC ACTIVITY THAT MIGHT
SUBSTANTIALLY AFFECT ANY SORT
OF INTERSTATE COMMERCE.
TO UPHOLD THE GOVERNMENT'S
CONTENTIONS HERE, WE WOULD HAVE
TO PILE INFERENCE UPON
INFERENCE IN A MANNER THAT
WOULD BE UNFAIR TO CON --
CONVERT CONGRESSIONAL AUTHORITY
TO POLICE POWER.
WE HAVE SEEN THAT OVER AND OVER
WHERE CONGRESS HAS GENERATED A
BIGGER AND BIGGER FEDERAL
CRIMINAL JUSTICE SYSTEM UNDER
THE COMMERCE CLAUSE WHEN WE
HAVE NO CONSTITUTIONAL
AUTHORITY TO DO THAT.
REHNQUIST WENT ON TO SAY
CONGRESS COULD REGULATE ANY
ACTIVITY THAT WAS -- THAT IT
FOUND WAS RELATED TO THE
ECONOMIC PRODUCTIVITY OF
INDIVIDUAL CITIZENS.
FAMILY LAW, FOR EXAMPLE.
IT IS DIFFICULT TO PERCEIVE ANY
LIMITATION ON FEDERAL POWER,
EVEN IN AREAS SUCH AS CRIMINAL
LAW ENFORCEMENT OR EDUCATION,
WHERE STATES HISTORICALLY HAVE
BEEN SOVEREIGN.
IF WE WERE TO ACCEPT THE
GOVERNMENT'S ARGUMENTS, WE ARE
HARD-PRESSED TO POZZ SIT ANY
ACTIVITY BY AN INDIVIDUAL THAT
CONGRESS IS WITHOUT POWER TO
REGULATE, AN HE IS ABSOLUTELY
CORRECT HE ADDED, ADMITTEDLY,
SOME OF OUR PRIOR CASES HAVE
TAKEN LONG STEPS DOWN THAT
ROAD, GIVING GREAT DEFERENCE TO
CONGRESSIONAL ACTION, BUT WE
DECLINE HERE TO PROCEED ANY
FURTHER.
THE QUOTE ON THIS POSTER SHOWS
REHNQUIST ADMITTING HOW THESE
CASES I HAVE TALKED TO YOU
ABOUT, THE CASES IN THE PAST
WHERE THE COMMERCE CLAUSE HAS
BEEN STRETCHED VERY THIN AND
OFTEN MISAPPLIED.
IN LOPEZ, REHNQUIST RULED THAT
THE -- THAT CONGRESS MAY NOT
USE THE COMMERCE CLAUSE TO
REGULATE NONECONOMIC ACTIVITY.
EVEN IN CASES WHERE IT COULD
FIND A TANGENTIAL CONNECTION
BETWEEN THAT ACTIVITY AND THE
HEALTH OF THE ECONOMY AT LARGE.
THEN IN U.S. VS. MORRISON IN
2000, BUILT ON THE FINDING OF
LOPEZ, AND IT REAFFIRMED THE
COURT'S OPINION, THAT CONGRESS
COULD NOT REACH INTO THE
COMMERCE CLAUSE TO REGULATE
ACTIVITY WHICH ONLY
TANGENTIALLY TOUCHED INTERSTATE
COMMERCE.
BRONCOLA WAS
SEXUALLY ASSAULTED BY TWO OF
HER COLLEAGUES, SHE FILED
AGAINST THEM UNDER A LAW THAT
PROVIDED FOR GENDER MOTIVATED
VIOLENCE.
HER ATTACKERS ARGUED THE
GOVERNMENT HAD NO WAY TO
PROSECUTE AGAINST GENDER
MOTIVATED VIOLENCE.
THE GOVERNMENT ARGUED IT DOES
AFFECT COMMERCE.
CHIEF JUSTICE REHNQUIST WROTE,
VIOLENCE AGAINST WOMEN -- HE
WROTE, THE EXISTENCE OF
CONGRESSIONAL FINDINGS IS NOT
SUFFICIENT BY ITSELF TO SUSTAIN
THE CONSTITUTIONALITY OF
LEGISLATION.
LOPEZ, QUOTE,
SIMPLY BECAUSE CONGRESS MACON
COLLUDE THAT A PARTICULAR
ACTIVITY SUBSTANTIALLY AFFECTS
INTERSTATE COMMERCE DOES NOT
NECESSARILY MAKE IT SO.
HE ADDED, THUS FAR IN OUR
NATION'S HISTORY, OUR CASES
HAVE UPHELD COMMERCE CLAUSE
REGULATION OF INTERSTATE
ACTIVITY ONLY WHERE THAT
ACTIVITY IS ECONOMIC IN NATURE.
IN THIS CASE, THE COURT RULED
THAT CONGRESS IS NOT ABLE TO
USE THE COMMERCE CLAUSE TO
REGULATE NONECONOMIC BEHAVIOR.
AT THE SAME TIME, THE
CONSTITUTION DELEGATES SUCH
REGULATION TO THE STATES AS AN
EXERCISE OF THE STATE'S POLICE
POWERS, NOT THE FEDERAL
GOVERNMENT'S BUT THE POLICE'S,
THE STATE'S POLICE POWERS.
THIS PARTICULAR CASE IS JUST
CHOCK FALL OF GREAT QUOTES.
I'D LIKE TO TAKE A FEW MINUTES
TO READ SOME OF THEM.
THE FIRST BEING, ON THIS
POSTER, THE CONSTITUTION
REQUIRES A DISTINCTION BETWEEN
WHAT IS TRULY NATIONAL AND WHAT
IS TRULY LOCAL.
GIVEN PETITIONER'S ARGUMENT THE
CONCERN WE EXPRESSED IN
COMMERCE -- IN LOPEZ THAT
CONGRESS MIGHT USE THE COMMERCE
CLAUSE TO OBLITERATE THE
CONSTITUTION'S DISTINCTION
BETWEEN NATIONAL AND LOCAL
AUTHORITY SEEMS WELL FOUNDED.
THE NEXT QUOTE IF ACCEPTED,
PETITIONERS' REASONING WOULD
ALLOW CONGRESS TO REGULATE ANY
CRIME AS LONG AS THE
NATIONWIDING A GATED IMPACT OF
THAT CRIME HAS SUBSTANTIAL
EFFECTS ON EMPLOYMENT,
PRODUCTION, TRANSIT, OR
CONSUMPTION.
SAY, INDEED, WE
CAN THINK OF NO BETTER EXAMPLE
OF THE POLICE POWER WHICH THE
FOUNDING FATHERS DENIED THE
FEDERAL GOVERNMENT AND REPOSED
TO THE STATES THAN THE
SUPPRESSION OF VIOLENT CRIME OF
ITS VICTIMS.
LASTLY, REHNQUIST CLOSED THE
CASE BY SAYING THIS, IF THE
ALLEGATIONS HERE ARE TRUE, NO
CIVILIZED SYSTEM OF JUSTICE
COULD FAIL TO PROVIDE HER
REMEDY FOR THE CONDUCT BUT
UNDER OUR FEDERAL SYSTEM, THAT
REMEDY MUST BE PROVIDED BY THE
STATE AND NOT BY THE UNITED
STATES.
AS YOU CAN SEE THROUGH
REHNQUIST'S DECISIONS IN THESE
TWO CASES THAT WE JUST TALKED
ABOUT, THE COMMERCE CLAUSE
CANNOT AND SHOULD NOT BE
UTILIZED TO EXPAND THE POLICE
POWERS OF THE FEDERAL
GOVERNMENT.
THE CRIMES IN THESE CASES THAT
WERE TREATED AS FEDERAL CRIMES
SHOULD HAVE BEEN HANDLED EITHER
BY THE STATE OR LOCALLY.
WE DO NOT HAVE CONSTITUTIONAL
AUTHORITY TO CREATE AN
JUSTICE SYSTEM.
IN FACT, INITIALLY, THERE WERE
ONLY THREE FEDERAL FELONIES,
TREASON, PIRACY, AND
COUNTERFEITING.
THAT'S COUNTERFEITING AGAINST
COINAGE, MONEY.
LET'S COME TO AN ISSUE THAT'S
IMPORTANT RIGHT NOW.
IT'S ONE OF THE BIGGEST
ASSAULTS ON FREEDOM TO DATE.
ONE OF THE WORST PERVERSIONS OF
THE COMMERCE CLAUSE THAT I HAVE
EVER SEEN.
AND I'M TALKING ABOUT THE
PATIENT PROTECTION AND
AFFORDABLE CARE ACT.
COMMONLY KNOWN AS OBAMACARE.
USING THE DECISIONS IN LOPEZ
AND MORRISON, IT IS CLEAR THAT
CONGRESS LACKS THE AUTHORITY TO
INSTITUTE AN INDIVIDUAL MANDATE
SET FORTH IN OBAMACARE.
AS WELL AS ALL THE STATE
MANDATES THAT ARE IN THAT LAW.
THE INDIVIDUAL MANDATE REQUIRES
ALL CITIZENS TO HAVE SOME FORM
OF HEALTH INSURANCE, WHETHER
THEY WANT TO HAVE IT OR NOT.
CHIEF JUSTICE REHNQUIST MADE IT
CLEAR IN MORRISON THAT JUST
PAUSE CONGRESS HAS STATED THAT
IT HAS AN INTEREST IN
REGULATING WHAT KIND OF HEALTH
CARE AMERICANS PURCHASE OR
WHETHER THEY PURCHASE IT AT
ALL, WHETHER THEY PURCHASE IT
OR DON'T PURCHASE IT, DOES NOT
MAKE IT SO.
AND IT IS NOT A STRETCH FROM
REHNQUIST'S DECISION THAT HE
WOULD HAVE ALSO STRUCK DOWN THE
INDIVIDUAL MANDATE.
GIVEN THE FACT THAT HE OPPOSED
THE IDEA THAT THE COMMERCE
CLAUSE ALLOWING CONGRESS TO
REGULATE ANYTHING THAT COULD
HAVE A SUBSTANTIAL EFFECT ON
EMPLOYMENT, PRODUCTION, TRANSIT
OR CONSUMPTION.
IN A SERIES OF ARTICLES WRITTEN
BY MATTHEW KLIMENY OF
FREEDOMWORKS, HE ARGUES THAT
THE CASES ALL INVOLVE AN
INDIVIDUAL OR COMPANY WHICH WAS
PROACTIVELY TRYING TO ENGAGE IN
COMMERCE.
HERE, WE SEE THE OPPOSITE.
INDIVIDUALS ARE BEING TOLD THAT
IN ORDER TO GO ABOUT THEIR
LIVES, FREE FROM PENALTY, THEY
MUST PURCHASE A CERTAIN
PRODUCT.
FOLKS, THIS IS SOCIALISM.
THIS IS NOT FREEDOM AND
LIBERTY.
THE ARGUMENT HAS NEVER BEEN
MADE THAT THE FEDERAL
GOVERNMENT CAN MANDATE THAT ALL
CITIZENS MUST PURCHASE A
CERTAIN PRODUCT.
MY DEMOCRAT COLLEAGUES MANDATED
IT THROUGH THIS BILL.
THROUGH THIS LAW.
THAT THE PRESIDENT HAS
OBAMACARE.
23 CONGRESS WANTS TO PROMOTE
THE PURCHASE OF HEALTH
INSURANCE IN A CONSTITUTIONAL
WAY, IT SHOULD PASS LEGISLATION
WHICH IS CONSTITUTIONAL UNDER
THE ORIGINAL INTENT OF THE
COMMERCE CLAUSE THAT WOULD
ALLOW INDIVIDUALS TO BUY
COVERAGE ACROSS STATE LINES.
THIS WOULD ADHERE TO THE
CONSTITUTION.
AND WOULD ALLOW PEOPLE TO BUY
INSURANCE, HEALTH INSURANCE, AT
A MUCH LOWER PRICE THAN THEY
CAN TODAY.
AND WE GIVE A WHOLE LOT BETTER
PRODUCTS.
-- AND WOULD GIVE A WHOLE LOT
BETTER PRODUCTS.
CONGRESS' -- CONGRESSES,
PRESIDENTS, COURT JUDGES, EVERY
PUBLIC OFFICIAL IN THIS COUNTRY
, SWEARS AN OATH, I SWORE THE
OATH WHEN I WAS SWORN IN TO THE
UNITED STATES MARINE CORPS IN
1964.
I SWORE THE SAME OATH IN 2007
AND STOOD BEHIND
THIS PODIUM, IN 2007, I SWORE
TO THAT OATH.
2009, 2011.
EVERY MEMBER OF THIS BODY
SWEARS TO UPHOLD AND PROTECT
THE CONSTITUTION AGAINST
ENEMIES BOTH FOREIGN AND
DOMESTIC.
WE HAVE A LOT OF DOMESTIC
ENEMIES OF THE CONSTITUTION.
A LOT OF THOSE DOMESTIC ENEMIES
OF THE CONSTITUTION ARE WEARING
BLACK ROBES AND THEY'RE SITTING
AT BENCHES IN FEDERAL COURTS ALL
ACROSS THIS LAND.
THEY HAVE VIOLATED THEIR OATH OF
OFFICE.
EVERY MEMBER OF THIS BODY SWEARS
TO UPHOLD THE CONSTITUTION.
THERE'S VIOLATION AFTER
VIOLATION THAT OCCURS RIGHT HERE
ON THIS FLOOR.
THINK ABOUT IT.
IF WE DON'T HAVE A SOLID
FOUNDATION UPON WHICH TO BUILD
ALL OUR LAWS, ALL OF OUR SOCIETY
, THEN WE HAVE NO FOUNDATION AT
ALL.
FALL.
IT'S GOING TO FAIL.
AS WE READ IN PROVE HERBS, GOD
SAYS, THERE'S A -- PROVERBS, GOD
SAYS, THERE'S A WAY THAT SEEMS
RIGHT IN THE EYES OF MAN.
BUT ITS PATH IS THE WAY OF
DEATH.
THIS NATION.
I HEAR COLLEAGUES PARTICULARLY
ON THE OTHER SIDE SAY, THE
CONSTITUTION IS A LIVING AND
BREATHING DOCUMENT.
THE SUPREME COURT IS THE FINAL
ARBITER OF WHAT IS
CONSTITUTIONAL.
AND, THAT MY FRIENDS, IS NOT
FACTUAL.
THE ONLY ARBITER OF WHAT'S
CONSTITUTIONAL OR NOT IS THE
CONSTITUTION AND WHAT OUR
IT.
IF WE OVERSTORE OUR
CONSTITUTIONAL GOVERNMENT, WE'RE
GOING TO LOSE OUR FREEDOM.
WE'RE GOING TO LOSE OUR LIBERTY.
THE BRIGHT AND SHINY STAR OF
LIBERTY THAT'S BEEN OVER THIS
NATION FOR OVER 200 YEARS IS
UPHELD BY SIX PILLARS.
THE FIRST OF THOSE IS
CONSTITUTIONAL LIMITED
GOVERNMENT AS OUR FOUNDING
FATHERS MEANT IT.
THE SECOND ONE IS THE FREE
ENTERPRISE SYSTEM.
UNINHIBITED BY TAXES AND
REGULATION.
THE THIRD IS THE RULE OF LAW
WHERE EVERYBODY, EVERY ENTITY IN
THIS COUNTRY IS TREATED EQUAL
UNDER THE LAW.
AND CERTAINLY WE'RE NOT BEING
TREATED EQUALLY UNDER THE LAW
TODAY.
THE FOURTH IS PROPERTY RIGHTS,
WHERE PEOPLE CAN OWN AND CONTROL
THEIR PROPERTY AND GOVERNMENT
CANNOT INTERFERE WITH THAT
OWNERSHIP AND IF IT DOES, IF IT
DEVALUES IT, THE
CONSTITUTION SAYS THAT THEY
SHOULD BE APPROPRIATELY
COMPENSATED FOR THE LOSS OF THE
DEVALUATION OF THAT PRIVATE
PROFIT.
THE FIFTH -- PROPERTY.
THE FIFTH PILLAR IS A PILLAR OF
PERSONAL RESPONSIBILITY AND
ACCOUNTABILITY.
AND THE MIDDLE PILLAR THAT HOLDS
UP THE CENTER OF THE STAR OF
LIBERTY IS THE PILLAR OF
MORALITY.
IN FACT, JOHN ADAMS SAID, OUR
CONSTITUTION'S WRITTEN FOR A
MORAL AND RELIGIOUS PEOPLE
THAT'S WHOLLY INADEQUATE FOR THE
GOVERNING OF ANY OTHER.
I HEAR COLLEAGUES SAY, WELL, YOU
CAN'T LEGISLATE MORALITY.
THEY ARE SO WRONG.
EVERY LAW, EVERY PIECE OF
LEGISLATION, NO MATTER WHAT
LEVEL OF GOVERNMENT, IS
SOMEBODY'S IDEA OF WHAT'S RIGHT
AND WHAT'S WRONG.
EVERY LAW IS LEGISLATING
MORALITY.
OUR NATION WAS FOUNDED ON THE
PREMISES OF BIBLICAL TRUTHS, ON
THE PRINCIPLES, THE
JUDEO-CHRISTIAN PRINCIPLES THAT
HAVE MADE THIS COUNTRY SO GREAT.
AND HAVE GIVEN US THE LIBERTY
THAT WE HAVE.
AS A NATION.
BUT, FRIENDS, WE'RE STANDING
RIGHT ON A PRECIPICE.
WE'RE STARING DOWN INTO A
SOCIALISM AND THE QUESTION IS,
ARE WE GOING TO BE PUSHED OFF,
ARE WE GOING TO LEAP OFF AND
FALL INTO THAT DEEP, DARK CHAS
MUCH OF SOCIALISM, -- CHASM OF
SOCIALISM, WOULD WHERE WE'RE
GOING TO LOSE OUR FREEDOM AND
LIBERTY, OR ARE WE GOING TO TURN
AROUND AND MARCH UP THE HILL OF
LIBERTY AND REGAIN FOR THIS
NATION WHAT OUR FOUNDING FATHERS
FOUGHT AND DIED AND SACRIFICED
SO NOBLY FOR THAT LIBERTY?
TODAY,
WE'RE.
WE CANNOT AFFORD TO DO SO ANY
MORE.
WE HAVE TO TURN AROUND AND MARCH
UP THAT HILL OF LIBERTY AND
RECLAIM IT AND START REBUILDING
THOSE SIX PILLARS OF LIBERTY
THAT HAVE BEING ERODED, THAT ARE
BEING ERODED BY DEMOCRATS AND BY
REPUBLICANS, BY CONSERVATIVES
AND LIBERALS ALIKE.
GOING BACK TO THAT FIRST POST
THAT ARE I PUT UP HERE, WHERE
GOD TALKS, HE SAYS, MY PEOPLE
KNOWLEDGE.
WE HAVE A TREMENDOUS LACK OF
OF HOW WE'VE GOTTEN AWAY FROM
THE INTENT OF THE CONSTITUTION.
EVEN LAWYERS AND JUSTICES,
JUDGES DON'T HAVE A CONCEPT OF
THE ORIGINAL INTENT OF THE
AND IN FACT, IN MOST LAW SCHOOLS
IN THIS COUNTRY, EVEN IN THE
COURSE OF CONSTITUTIONAL LAW
THEY DO NOT TEACH THE
THEY DO NOT TEACH THE ORIGINAL
INTENT.
THEY DO NOT TEACH THE PRINCIPLES
THAT HAVE MADE THIS COUNTRY SO
POWERFUL, SO RICH, SO SUCCESSFUL
AS A POLITICAL EXPERIMENT.
THE GREATEST OF ALL OF HUMAN
HISTORY, WHAT DID THEY TEACH?
THEY TEACH CASE LAW WHERE
JUSTICES IN THE SUPREME COURT
HAVE RULED ON THE
CONSTITUTIONALITY OF A CASE AND
HAVE RULED UNCONSTITUTIONALLY.
THEY SHOULD BE REMOVED FROM
OFFICE.
BECAUSE THEY'RE DESTROYING OUR
LIBERTY.
THEY'RE DESTROYING OUR FREEDOM.
AND IT'S UP TO THE AMERICAN
PEOPLE TO SAY, NO, WE'RE NOT
GOING TO PUT UP WITH THIS
ANYMORE.
WE'RE GOING TO MAKE A CHANGE.
YOU SEE, THE MOST POWERFUL
POLITICAL FORCE IN THIS NATION
IS EMBODIED IN THE FIRST THREE
WORDS OF THE U.S. CONSTITUTION.
WE THE PEOPLE.
WE THE PEOPLE CAN MAKE A
DIFFERENCE.
I WANT TO REMIND YOU OF WHAT ONE
U.S. SENATOR, ERIC DURSON,
FORMER U.S. SENATOR, ONCE SAID,
HE SAID, WHEN HE FEELS THE HEAT,
HE CEASE THE LIGHT.
-- SEES THE LIGHT.
WHAT HE MEANS IS IF HE'S HEADED
IN ONE DIRECTION AND ENOUGH OF
HIS CONSTITUENTS CONTACT HIM AND
SAY, BUSTER, YOU'RE HEADING IN
THE WRONG DIRECTION, IF ENOUGH
PEOPLE CONTACT HIM BECAUSE HE'S
GOING TO STAND FIRM ON THE
PRINCIPLE OF HIS RE-ELECTION,
THEN HE'LL BEGIN TO SEE THE
LIGHT.
THE MEMBERS OF THIS BODY AND THE
ONE ACROSS THE WAY, IN THE U.S.
SENATE, AS WELL AS PRESIDENTS
AND OUR PRESIDENTIAL CANDIDATES,
THAT NEED TO FEEL THE HEAT, THEY
NEED TO FEEL THE HEAT OF LIBERTY
WE THE PEOPLE.
THAT DEMAND A DIFFERENT KIND OF
GOVERNANCE, DEMAND GOING BACK TO
THE ORIGINAL INTENT OF THE
CONSTITUTION, BECAUSE IF WE
DON'T, OUR CHILDREN AND OUR
GRANDCHILDREN ARE GOING TO LIVE
A SOCIALISTIC STATE SUCH AS
WE SEE IN CUBA AND IN VENEZUELA
AND WE SAW IN COMMUNIST CHINA
AND THE SOVIET UNION.
WE THE PEOPLE HAVE TO GET UP IN
ARMS AND START BUILDING
GRASSFIRES, OF GRASSROOT SUPPORT
ALL OVER THIS COUNTRY.
BUT CANDIDATES AND FOR MAYBES --
MEMBERS THAT ARE ALREADY ELECTED
AND SAY, WE'RE NOT GOING TO PUT
UP WITH THIS ANYMORE.
THE ONLY ARBITER OF THE
CONSTITUTIONALITY OF THE
CONSTITUTION AND WHAT WAS MEANT
IN THE CONSTITUTION BY THOSE WHO
WROTE IT.
I'M ASK ALL THE TIME, PAUL, YOU
WEREN'T AROUND THEN, HOW DO YOU
KNOW WHAT THEY MEANT?
OUR FOUNDING FATHERS DIDN'T HAVE
VIDEO GAMES AND TV AND THE
INTERNET.
THEY WROTE, THEY READ.
I ENCOURAGE THE AMERICAN
CITIZENS ALL OVER THIS COUNTRY
TO READ, READ WHAT OUR FOUNDING
FATHERS SAID ABOUT THE
READ WHAT THEY MEANT BY IT.
BECAUSE IF WE ARE DESTROYED BY A
LACK OF KNOWLEDGE, IF YOU TURN
THAT AROUND, THINK ABOUT IT,
WE'RE NOT DESTROYED WITH
KNOWLEDGE.
AND YOU GO ON, GOD SAYS, HE'S
GOING TO IGNORE OUR CHILDREN,
HE'S GOING TO REJECT OUR
THE FUTURE OF THIS NATION
DEPENDS UPON WE THE PEOPLE
STANDING FIRM AND SAYING, WE'RE
NOT GOING TO PUT UP WITH THIS
ANYMORE.
WE'RE GOING TO GO BACK TO THE
ORIGINAL INTENT.
WE'RE GOING TO DO THE HARD WORK
OF KNOWING WHAT OUR FOUNDING
FATHERS SAID, WE'RE GOING TO DO
THE HARD WORK OF DEMANDING OF
OUR ELECTED REPRESENTATIVES THAT
THEY STAND BY THE PRINCIPLES,
THE FOUNDATIONS THAT HAVE MADE
THIS COUNTRY SO GREAT, SO
POWERFUL, SO SUCCESSFUL.
THERE ARE MANY MEMBERS OF THIS
BODY THAT NEED TO FEEL THE HEAT.
MANY PEOPLE IN THIS
BODY THAT NEED TO SEE THE DOOR.
BECAUSE IT DON'T STAND ON THE
CONSTITUTION, THEY DON'T OPPOSE
THE -- UPHOLD THE OATH OF
OFFICE, THEY DON'T DO WHAT THEY
PROMISED THEIR CONSTITUENTS AND
THE AMERICAN PEOPLE THAT THEY'RE
GOING TO DO AND THERE ARE JUDGES
ALL OVER THIS COUNTRY, FEDERAL
JUDGES, THAT NEED TO BE
IMPEACHED AND REMOVED FROM
UPHOLDING THE CONSTITUTION.
THEY'RE NOT DEFENDING THE
THEY'RE NOT DOING WHAT THEY'VE
PROMISED THAT THEY WOULD DO.
THEY'RE VIOLATING THEIR OATH OF
OFFICE.
IT HAS TO STOP AND THE ONLY WAY
WE'RE GOING TO STOP IT IS FOR WE
THE PEOPLE TO STAND UP AND SAY,
NO MORE.
WE'RE NOT GOING TO ELECT ANYBODY
WHO'S NOT GOING TO UPHOLD THE
CONSTITUTION IN ITS ORIGINAL
INTENT.
AND WE'VE GOT TO GET THE HARD
WORK DONE OF RESTORING THOSE SIX
PRINCIPLES.
THE SIX PRINCIPLES THAT HAVE
UPHELD THAT BRIGHT, SHINING STAR
OF LIBERTY OVER THIS COUNTRY FOR
SO LONG.
AND I'M EXCITED BECAUSE WE SEE
GRASSROOTS ALL OVER THIS COUNTRY
BEGINNING TO RISE UP.
WE SEE A SLEEPING GIANT THAT'S
BEGINNING TO WAKE UP AND STRETCH
ITS ARMS AND LEGS AND BEGIN TO
WALK.
THE PRESS CALLS IT THE TEA
PARTY.
THERE'S NOT A TEA PARTY, THERE
ARE MANY TEA PARTIES.
AND THIS FREEDOMWORKS, THERE'S
AMERICANS FOR PROSPERITY, THERE
ARE GROUPS, GRASSROOTS GROUPS
LIKE THE N.R.A. AND GUN OWNERS
OF AMERICA AND RIGHT TO WORK AND
OTHER GROUPS THAT BELIEVE IN THE
CONSTITUTION.
WE'RE BEGINNING TO SEE THE
SLEEPING GIANT OF WE THE PEOPLE
WAKING UP.
IT'S TIME TO NOT ONLY WAKE UP
AND STRETCH OUR ARMS AND LEGS
RUN.
WE'VE GOT TO DO THE HARD WORK OF
RE-ESTABLISHING LIBERTY IN THIS
COUNTRY.
WE'RE LOSING OUR LIBERTY,
FRIENDS.
AND WE'RE GOING TO LOSE IT ALL,
WE'RE STANDING ON THAT
PRECIPICE, STARING DOWN IN THAT
DEEP, DARK CHASM OF SOCIALIST.
ARE WE GOING TO ALLOW OURSELVES
TO BE PUSHED OFF BY COURTS?
BY CONGRESSES?
BY PRESIDENTS?
DEMOCRATS AND REPUBLICANS ALIKE?
ARE WE GOING TO TURN AROUND AS A
PEOPLE AND DEMAND LIBERTY AND
START MARCHING UP THAT HILL OF
LIBERTY AND IT'S GOING TO BE A
MOUNTAIN CLIMB, BUT WE CAN DO
IT.
I'M EXCITED BECAUSE I SEE THAT
GREAT SLEEPING GIANT.
MOST POWERFUL POLITICAL FORCE IN
AMERICA.
EMBODIED IN THOSE FIRST THREE
WORDS OF THE U.S. CONSTITUTION,
WE THE PEOPLE.
OUR FOUNDING FATHERS BELIEVED IN
WE THE PEOPLE.
THAT'S THE REASON WHEN THEY
WROTE THE DOCUMENT THEY PUT THE
LETTERS IN SUCH LARGE SCRIPT,
MUCH, MUCH LARGER, PROBABLY FOUR
OR FIVE TIMES LARGER THAN THE
REST OF THE TEXT IN THE
DOCUMENT, BECAUSE WE THE PEOPLE
IS THE KEY.
THAT FORCE OF WE THE PEOPLE.
SO THE QUESTION I HAVE TO ASK
TODAY, ARE WE GOING TO JUMP OR
BE FORCED DOWN INTO THAT DEEP,
DARK CHASM OF SOCIALISM, OR ARE
WE GOING TO BE A FREE PEOPLE?
ARE WE GOING TO DEMAND LIBERTY?
IT'S UP TO EACH AND EVERY
FREEDOM-LOVING CITIZEN IN THIS
COUNTRY TODAY.
TO DEMAND A DIFFERENT KIND OF
GOVERNANCE.
AND I BELIEVE WE CAN DO IT, I
BELIEVE WE WILL DO IT, BECAUSE
WE THE PEOPLE LOVE LIBERTY IN
AMERICA AND I'M TRUSTING IN WE
THE PEOPLE TO DO THE RIGHT THING
AND DEMAND CONSTITUTIONAL
LIMITED GOVERNMENT AT ALL
LEVELS.
AND GOD BLESS
AMERICA AND I YIELD BACK.
THE
CHAIR LAYS BEFORE THE HOUSE AN