[Congressional Record Volume 144, Number 64 (Tuesday, May 19, 1998)]
[Extensions of Remarks]
[Page E904]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  OPPOSE THE ``GEPHARDT CONSTITUTIONAL AMENDMENT'' PROTECT THE FIRST 
                               AMENDMENT

                                 ______
                                 

                             HON. TOM DeLAY

                                of texas

                    in the house of representatives

                         Tuesday, May 19, 1998

  Mr. DeLAY. Mr. Speaker, I have submitted to the House Committee on 
Rules the ``Gephardt Constitutional Amendment'' to amend the First 
Amendment for consideration by the House during debate on campaign 
reform.
  I have agreed to offer the amendment, not in the hope that it will 
pass, but in the hope that the House will bury this dangerous idea 
forever.
  The ``Gephardt Constitutional Amendment,'' would permit Congress and 
the states to enact laws regulating federal campaign expenditures and 
contributions. H.J. Res. 47 would challenge all pre-existing First 
Amendment jurisprudence and would give to Congress and the states 
unprecedented, sweeping and undefined authority to restrict speech 
protected by the First Amendment since 1791.
  Because it is vague and over-board, H.J. Res. 47 would give Congress 
a virtual ``blank check'' to enact any legislation that may abridge a 
vast array of free speech and free association rights that we now 
enjoy.
  I request that the Amendment be printed in the Record pursuant to the 
Rules Committee request prior to consideration by the full House.

                            Joint Resolution


  Proposing an amendment to the Constitution of the United States to 
                        limit campaign spending

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled (two-thirds of 
     each House concurring therein), That the following article is 
     proposed as an amendment to the Constitution of the United 
     States, which shall be valid to all intents and purposes as 
     part of the Constitution when ratified by the legislatures of 
     three-fourths of the several States within seven years after 
     the date of its submission for ratification:
       ``Article--1
       ``Section 1. To promote the fair and effective functioning 
     of the democratic process, Congress, with respect to 
     elections for Federal office, and States, for all other 
     elections, including initiatives and referenda, may adopt 
     reasonable regulations of funds expended, including 
     contributions, to influence the outcome of elections, 
     provided that such regulations do not impair the right of the 
     public to a full and free discussion of all issues and do not 
     prevent any candidate for elected office from amassing the 
     resources necessary for effective advocacy.
       ``Section 2. Such governments may reasonably defined which 
     expenditures are deemed to be for the purpose of influencing 
     elections, so long as such definition does not interfere with 
     the right of the people fully to debate issues.
       ``Section 3. No regulation adopted under this authority may 
     regulate the content of any expression or communication.''.

  The Gephardt Amendment is nothing more than a direct attack on our 
First Amendment freedoms. It is my hope that the House considers this 
amendment, and buries it forever.