[Congressional Record Volume 144, Number 106 (Friday, July 31, 1998)]
[House]
[Page H6870]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        FEDERALISM, EXECUTIVE ORDER 13083, AND H. CON. RES. 299

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Georgia (Mr. Collins) is recognized for 5 minutes.
  Mr. COLLINS. Mr. Speaker, our republic recently celebrated 222 years 
of liberty and freedom. For the last 209 years, these freedoms have 
been guaranteed by our Constitution.
  In spite of this, the Clinton administration is now trying to 
undermine the Constitution through Executive orders, threatening the 
powers of Congress, the sovereignty of the States, and the rights of 
all Americans.
  Our Founding Fathers demonstrated timeless wisdom in the crafting of 
our Constitution and Bill of Rights. The Constitution carefully defines 
the authority granted to each of the three branches of the Federal 
Government to ensure a separation and balance of Federal powers.
  Additionally, the Tenth Amendment to the Constitution protects the 
rights of the States to self-determination, requiring that powers not 
delegated to the United States by the Constitution, nor prohibited by 
it to the States, are reserved to the States respectively or to the 
people.

                              {time}  1515

  Both of these constitutional provisions guarantee the individual 
rights of American citizens throughout the democratic process. Our Bill 
of Rights and republic form of government ensure that the people 
maintain the ultimate authority to govern themselves.
  The success of our Constitution is clear. The United States is the 
world's strongest economic power, providing a standard of living to 
Americans that is the envy of the world. Our Nation is also the world's 
foremost military power, providing strong protection to American 
citizens from foreign threats to our liberties and to our democratic 
principles.
  Finally and most importantly, our government is the single greatest 
guarantor and protector of individual liberties in the world today. The 
freedom of speech, the freedom of religion, the freedom to own 
property, the freedom to vote are just a few of the liberties that 
American citizens enjoy, thanks to the wisdom and foresight of the 
framers of our Constitution.
  Sometimes we take these liberties for granted, but benefits such as 
public safety, education and the finest health care system in the world 
should remind us that the Constitution provides us with much more than 
abstract principles.
  In spite of the great successes of our Republic, President Clinton 
has disregarded our Constitution with the issuance of executive order 
13083.
  First, the order requires Federal departments and agencies to review 
State regulations and to dictate State policy without regard to the 
decisions made by States' own legislatures and agencies.
  Second, the order's broad and vague definition of what should be a 
Federal issue reserves little if any jurisdiction for State and local 
governments.
  Third, by granting Federal jurisdiction over all matters related to 
international obligations, the executive order threatens to bypass the 
U.S. Congress, imposing on States and the American people provisions of 
international treaties or agreements that have not been ratified by the 
Senate.
  Clearly this executive order directly violates the separation and 
division of powers as provided by the Constitution. It violates the 
authority of the U.S. Congress, the sovereign rights of States, and 
threatens the liberties of every American citizen.
  In response to this disregard for the Constitution, I have introduced 
House Concurrent Resolution 299. This resolution sends a message to the 
American people that representatives in Congress will understand the 
Constitution and will uphold the principles of the Founding Fathers 
that have made this Nation so great.
  The Congress will protect the rights of States to self-determination 
and prevent undue Federal intervention into State and local affairs. 
The Congress will protect the rights of American citizens to life, 
liberty and the pursuit of happiness, without unwarranted and 
unconstitutional intrusions by the Federal departments and Federal 
agencies.
  This resolution also sends a message to the executive and judicial 
branches of the Federal Government: The Congress will defend the people 
it represents against Federal actions that undermine the Constitution 
and threaten the rights of all citizens.
  Congress is paying close attention to the actions of the chief 
executive. We will closely scrutinize any action by any member of the 
executive branch that threatens to usurp the legislative authority of 
the Congress, the sovereignty of the States and the freedom of the 
American people.
  Furthermore, Congress will seek to remedy any judicial interpretation 
of U.S. law that is inconsistent with the intent of Congress, that 
threatens State rights to self-determination or threatens the liberties 
guaranteed the people by the Constitution.
  Mr. Speaker, I urge each of my colleagues to join me in defense of 
the powers of the Constitution and sovereignty of the rights of States, 
the rights of the people, by cosponsoring House Concurrent Resolution 
299, reiterating the separation of powers that are established and 
preserved by our Constitution.

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