[Congressional Record Volume 144, Number 48 (Monday, April 27, 1998)]
[Extensions of Remarks]
[Page E673]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      JUDICIAL REFORM ACT OF 1998

                                 ______
                                 

                               speech of

                         HON. MICHAEL N. CASTLE

                              of delaware

                    in the house of representatives

                        Thursday, April 23, 1998

  Mr. CASTLE. Mr. Speaker, I rise in support of the Delahunt-Boehlert 
amendment. Let me say first, I believe judicial activism is a problem. 
I believe some judges overstep their judicial bounds. I believe some 
judges exercise poor judgment in formulating judicial plans forcing 
states and localities to comply with state and federal laws.
  I believe in lowering taxes. I believe in H.J. Res. 111, the Tax 
Limitation Amendment, which sadly was voted down yesterday. I believe 
judges should not be able to direct states and localities to raise 
taxes. The Delahunt-Boehlert Amendment does not change this aspect of 
H.R. 1252.
  I believe the government and private citizens should be treated 
equally before the law. H.R. 1252 exempts states and local governments 
from complying with judicial orders that ``necessarily require'' 
raising taxes no matter how egregiously the government violated the 
law. A private citizen who violates those same laws has to pay the 
penalty. Just about every federal law, whether its an environmental 
law, a civil rights law or a labor law carries penalties with it that 
could ``necessarily require'' a government violator to raise taxes to 
pay for.
  If Congress thinks those penalties are too high, then lets lower 
them, but lets not give states free reign to violate either their own 
laws or federal laws just because the penalty may be costly. The 
Delahunt-Boehlert amendment strikes this ``necessarily require'' clause 
because state and federal laws must be enforced whether the violator is 
a state, locality, or private citizen.
  I urge you to support the Delahunt-Boehlert amendment.

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