[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.

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