[Congressional Record Volume 143, Number 111 (Thursday, July 31, 1997)]
[Senate]
[Pages S8484-S8485]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUPREME COURT JUSTICE WILLIAM BRENNAN
Mr. FEINGOLD. Mr. President, last week this Nation lost a true
American hero with the passing of former Supreme Court Justice William
Brennan. The contributions of William Brennan to our democratic way of
life are many and will continue, long after his passing, to touch the
lives of people all across this Nation in the most important and
fundamental ways. Always a staunch and unrelenting defender of
individual liberty, William Brennan helped to preserve many important
rights that each of us, as Americans, enjoy today. He fought
relentlessly to preserve the right to vote, the right to free
expression, and the right to be treated as an equal with your fellow
citizens. His legacy is one that honors the fundamental notion that in
America, the individual truly does matter.
In terms of length of service on the Supreme Court and number of
opinions written, William Brennan ranks near the top. However, to
reduce his career to these simple numbers is to diminish the scope and
importance of William Brennan in shaping this Nation's constitutional
law. Many of Brennan's most significant decisions were decided by
narrow margins and it is a testament not only to the undeniability of
Justice Brennan's often cited Irish charm, but also to the power of his
intellect that he could draw diverse Justices together to support
important decisions which he drafted. In this regard, he may never be
equaled.
Mr. President, there are many reasons to admire and respect William
Brennan. He was a man of enormous dignity and compassion. His intellect
and reasoning, second to none. Although there are many areas which one
could point to in order to highlight the greatness of William Brennan,
I will note just two that are significant to me. First, his unrelenting
defense of the first amendment right to free expression. Because of
William Brennan, the media in this Nation retains the right to
criticize the government, to show the American people what goes on in
their elected bodies--in other words, to hold us accountable. Absent
this right, the credibility of our democracy and our form of government
would be, in my opinion, greatly diminished. William Brennan understood
that if the first amendment was to mean anything, it must protect that
expression which was not popular. In upholding the first amendment in
regard to flag desecration, Justice Brennan wrote that;
If there is a bedrock principle underlying the First
Amendment, it is that the Government may not prohibit
expression of an idea simply because society finds the idea
itself offensive or disagreeable.
In typical Brennan fashion, his opinion was joined by four colleagues
of diverse perspectives, Justices Marshall, Blackmun, Kennedy, and
Scalia.
In regard to capital punishment, Brennan remained steadfastly
opposed. Although he acknowledged that his view was the minority, he
maintained until the end that the death penalty was violative of the
eighth amendment prohibition on cruel and unusual punishment. In his
estimation, a system which treated human beings as nonhuman or objects
simply to be toyed with and disregarded was simply not protected by the
U.S. Constitution. In the wake of Justice Brennan's death I am reminded
that just a few short weeks ago, a Member of the House of
Representatives who supports the death penalty, stated on a national
news program that someday in America we will execute an innocent
person. He argued that while we don't want to do that, and will try to
prevent it, it is an inevitable consequence of having capital
punishment. This is a staggering, yet candid, statement which I think,
makes Justice Brennan's point in a very stark and chilling way. Justice
Brennan may well have been on the minority on capital punishment Mr.
President, that is not to say however, that his position was incorrect.
Mr. President, there is no question that Justice Brennan was a man
that I admired. His opinions were reasoned, intelligent, and always
consistent with the notion that in America the rights of the
individual, no matter his or her background, upbringing, political
ideology, or religious beliefs, mattered. That simple, yet often
overlooked notion is the foundation of our democracy and was the
cornerstone of Justice Brennan's approach to the law. He was truly the
most influential Justice of his time. And while I certainly add my name
to the list of those who mourn his passing, I also join those who
celebrate the richness of his life and the countless opinions which
helped improve the lot of millions of Americans. Ours is a better
Nation because of William Brennan.
However, Mr. President, the greatest measure of William Brennan is
not one taken from afar--from simply reading his opinions or following
the public persona--but from those closest to him, his family, friends,
and those who sat with him on the bench. In this regard the comments of
his colleagues are telling. Justice Souter called Brennan the most
fearlessly principled guardian of the Constitution that has ever lived.
Justice Scalia, a jurist often at philosophical odds with Brennan
called him the most influential Justice of this century. Justice
Kennedy called him a great friend of freedom, not only for those who
enjoy freedom, but also those who seek it. Justice Clarence Thomas was
quoted recently as saying that there simply isn't a more decent or
brilliant human being than William Brennan. From these great jurists of
diverse backgrounds and ideological perspective, the message is the
same; William Brennan's contribution was undeniable, important, and
lasting. It is not surprising Mr. President, that even in saying good-
bye, Justice Brennan has once again forged a diverse coalition.
THE VERY BAD DEBT BOXSCORE
Mr. HELMS. Mr. President, at the close of business yesterday,
Wednesday, July 30, 1997, the Federal debt
[[Page S8485]]
stood at $5,372,436,799,991.80. (Five trillion, three hundred seventy-
two billion, four hundred thirty-six million, seven hundred ninety-nine
thousand, nine hundred ninety-one dollars and eighty cents)
One year ago, July 30, 1996, the Federal debt stood at
$5,183,983,000,000. (Five trillion, one hundred eighty-three billion,
nine hundred eighty-three million)
Five years ago, July 30, 1992, the Federal debt stood at
$3,999,118,000,000. (Three trillion, nine hundred ninety-nine billion,
one hundred eighteen million)
Ten years ago, July 30, 1987, the Federal debt stood at
$2,304,965,000,000. (Two trillion, three hundred four billion, nine
hundred sixty-five million)
Fifteen years ago, July 30, 1982, the Federal debt stood at
$1,089,616,000,000 (One trillion, eighty-nine billion, six hundred
sixteen million) which reflects a debt increase of more than $4
trillion--$4,282,820,799,991.80 (Four trillion, two hundred eighty-two
billion, eight hundred twenty million, seven hundred ninety-nine
thousand, nine hundred ninety-one dollars and eighty cents) during the
past 15 years.
____________________