[Congressional Record Volume 145, Number 23 (Tuesday, February 9, 1999)]
[House]
[Pages H486-H487]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1300
                            EXECUTIVE ORDERS

  The SPEAKER pro tempore (Mr. Sweeney). Under the Speaker's announced 
policy of January 19, 1999, the gentleman from Washington (Mr. Metcalf) 
is recognized during morning hour debates for 5 minutes.
  Mr. METCALF. Mr. Speaker, to date, the President has issued 278 
executive orders. A number of these have infringed on the powers and 
duties of Congress as dictated by Article I, Section 8 of the U.S. 
Constitution. One was even rescinded by Congress last year.
  Today, I am introducing a concurrent resolution regarding executive 
orders. This vital legislation reasserts the role and responsibility of 
Congress to enact laws and to appropriate federal dollars. My 
resolution reminds all of us that only Congress has the power to spend 
Federal monies.
  In the first century of our Nation's history, there were no problems 
with executive orders. They seemed to fit within the legitimate powers 
of the presidency because they were used mostly to direct Federal 
employees in carrying out their legitimate functions.
  However, early in this century, presidents began issuing executive 
orders that pushed beyond the prescribed presidential authority. But 
somehow these orders seemed reasonable. They were accepted with 
criticism coming only from jurists and scholars who were concerned 
about the fine points of balance among the three coequal branches of 
government.
  Thus, as always with the usurpation of power and authority, it begins 
in ways that seem needed, or at least reasonable. My resolution seeks 
to avoid any confusion or obscurity concerning executive orders by 
reestablishing congressional authority under Article I, Section 8 of 
the Constitution. This resolution also expresses the sense of the 
Congress that any executive order which infringes on congressional 
powers and duties or which requires the expenditure of Federal funds be 
advisory only and have neither force nor effect unless enacted into 
law.
  Mr. Speaker, as you know, executive orders are not authorized by the 
Constitution. We in Congress have taken an oath to uphold the 
Constitution and

[[Page H487]]

protect the balance that was established. I will not violate that oath, 
and I encourage my fellow Members of Congress to join me in 
cosponsoring and supporting this resolution.

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