[Congressional Record Volume 142, Number 51 (Friday, April 19, 1996)]
[Extensions of Remarks]
[Pages E592-E593]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON S. 735, ANTITERRORISM AND EFFECTIVE DEATH PENALTY 
                              ACT OF 1996

                                 ______


                               speech of

                           HON. LOUIS STOKES

                                of ohio

                    in the house of representatives

                        Thursday, April 18, 1996

  Mr. STOKES. Mr. Speaker, I rise in strong opposition to the 
conference report for the Antiterrorism and Effective Death Penalty 
Act. As the recent despicable acts of terrorism in Oklahoma City 
clearly demonstrate, America must do all that it can to put an end to 
acts of terror. Unfortunately, this legislation has failed to achieve 
an appropriate balance between our desire to take action against 
terrorist acts and our desire to protect the fundamental civil rights 
of all Americans.
  In my view, the attacks on habeas corpus included in this legislation 
that purports to address the terrorist threat is so objectionable I 
must oppose this bill. I do support my Democratic colleagues' carefully 
crafted genuine antiterrorism bill, that is unencumbered by the 
provisions hostile to our constitutional rights that have been included 
in S. 735.
  Throughout my career, I have believed in and fought for the 
protection of all Americans' fundamental rights under habeas corpus. As 
Chief Justice Salmon P. Chase described it in ex parte Yerger U.S. 
(1868), habeas corpus is the most important human right in the 
Constitution and the best and only sufficient defense of personal 
freedom. As a nation, we cannot afford to compromise the cherished 
habeas corpus protections guaranteed each of us in the U.S. 
Constitution.
  Mr. Speaker, the arbitrary 1-year limitation on the filing of general 
Federal habeas corpus appeals after all State remedies have been 
exhausted entirely fails to address real problems inherent in the 
current capital punishment system. For example, S. 735 does virtually 
nothing to deal with the lack of competent counsel at the trial level 
and on direct appeal which constitutes the primary basis for the delay 
of many appeals.
  It is also no secret that I am opposed to the death penalty. S. 735, 
among other things, would greatly expand the reach of the Federal death 
penalty which I believe is overly harsh--particularly because it fails 
to address the economic and social basis of crime in our most

[[Page E593]]

troubled communities. Furthermore, when closely examined, the 
sentencing history of the death penalty has clearly been arbitrary, 
inconsistent, and racially biased. Regardless of whether this double 
standard is intentional or not, the result clearly establishes that 
there continues to be an impermissible use of race as a key factor in 
determining imposition of the death penalty. This measure fails to 
include any provisions to end the repugnant practice of the 
disproportionate application of the death penalty on minorities.
  Mr. Speaker, I share the national outrage expressed against 
terrorism. America should and must act swiftly and decisively to end 
these despicable acts. We must not, however, under the guise of 
fighting acts of terror, sacrifice our constitutional rights. As 
legislators, we must judiciously seek a balanced strategy to diminish 
the dangers of terrorism and injustice. I urge my colleagues to 
therefore vote down this measure; preserve our ability to enforce the 
Bill of Rights.