[Congressional Record Volume 142, Number 90 (Tuesday, June 18, 1996)]
[Senate]
[Pages S6407-S6408]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      SETTING THE RECORD STRAIGHT

  Mr. FORD. Mr. President, I am sure that we all have high standards 
for accuracy on this floor, and therefore I wish to comment on certain 
statements which have been made in recent days.
  On June 7, the junior Senator from Oklahoma mistakenly represented 
that

[[Page S6408]]

the Senate had voted on a version of the balanced budget amendment in 
the 103d Congress that was ``identically the same'' as the version 
voted on in the 104th Congress. He then mistakenly inserted into the 
Congressional Record copes of two resolutions when he represented to be 
``the two resolutions that we voted on * * *.''
  In fact, he inserted into the Record copies of the resolutions as 
introduced, but not as amended and actually voted on by the Senate. The 
two resolutions which were ultimately voted on contained language 
differences concerning judicial review.
  The distinguished Senator from North Dakota and I had a colloquy with 
the Senator from Oklahoma. As we pointed out then, the language 
differences were not the primary reasons for our votes in opposition to 
the balanced budget amendment in the 104th Congress. Our opposition 
stemmed mainly from the dramatic change in the interpretation of 
section 6 of the proposal concerning implementing language--regarding 
the intention to count the annual surplus in the Social Security trust 
fund. However, since the Senator from Oklahoma was attempting to 
portray the issue in a simple black-and-white fashion--as two votes on 
identical proposals--we sought to clarify for the Record that the 
representations he made were flat out wrong.
  Last Friday, the junior Senator from Oklahoma again took the floor to 
discuss this matter. He stated that, after all, the two resolutions 
really were ``exactly the same thing'' since both added language 
dealing with the issue of judicial review. Therefore, even though the 
language was different, certain Senators ``turned right around and 
actively opposed the same exact language in a balanced budget 
amendment'' that they had earlier supported in 1994.
  The junior Senator from Oklahoma then quoted the distinguished 
Senator from Georgia, Senator Nunn, who authored a 1995 amendment on 
judicial review. What the Senator from Georgia actually said on 
February 28, 1995 was that his amendment on judicial review was 
``similar to the Danforth amendment we agreed to last year and the 
Johnston amendment, which was defeated last week'' by a vote of 47 to 
52.
  I ask unanimous consent that the Danforth amendment from 1994 and the 
Johnston and Nunn amendments from 1995, each of which amends section 6 
of the balanced budget amendment, be printed in the Record at this 
point.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                           Danforth Amendment

       The power of any court to order relief pursuant to any case 
     or controversy arising under this Article shall not extend to 
     ordering any remedies other than a declaratory judgment or 
     such remedies as are specifically authorized in implementing 
     legislation pursuant to this section.
                                                                    ____


                           Johnston Amendment

       The judicial power of the United States shall not extend to 
     any case or controversy arising under this article except for 
     section 2 hereof, or as may be specifically authorized in 
     implementing legislation pursuant to this section.
                                                                    ____


                             Nunn Amendment

       The judicial power of the United States shall not extend to 
     any case or controversy arising under this article except as 
     may be specifically authorized by legislation adopted 
     pursuant to this section.

  Mr. FORD. As the Senator from Georgia noted, all three amendments are 
similar. The Senator form Oklahoma says the Danforth and Nunn 
amendments are ``exactly the same thing.'' Yet last year he voted 
against the Johnston amendment, which also dealt with judicial review. 
Perhaps the next time we are discussing identical proposals on the 
balanced budget amendment, the junior Senator from Oklahoma can inform 
all of us concerning what was so different about the Johnston amendment 
on judicial review to justify his different positions. I would think he 
would consider it to be the same exact language. The junior Senator 
from Oklahoma continues to try to make a silk purse out of a sow's ear.

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