[Congressional Record Volume 145, Number 102 (Monday, July 19, 1999)]
[House]
[Page H5757]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  CONGRESSIONAL AUTHORITY IS SLIPPING

  The SPEAKER pro tempore. 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, before coming to Congress, I taught history 
for 30 years in my home State of Washington. But it should not take a 
historian, a lawyer, or even a politician to realize that Congress has 
ceded a measure of fundamental constitutional authority to the 
executive.
  In fact, it is the hundreds of phone calls and letters from Americans 
in my district and around the country that brings me to the floor 
today. These citizens are concerned, and I am concerned, that Congress 
has subjected the people to laws it never made because we have allowed 
our legislative responsibilities to be usurped by the executive 
department.
  In the past, Presidents worked with Congress to pass legislation. 
Indeed, that is what the Founders intended. Nevertheless, Congress, 
over the years, has allowed Presidents, both Democratic and Republican, 
to issue executive orders and proclamations that push far beyond the 
prescribed executive authority. Presidents have used these 
administrative actions to enact their agenda without the consent of 
Congress.
  Mr. Speaker, we have tolerated this type of executive orders and 
proclamations for too long. I am deeply concerned about what I perceive 
to be a culture of deference in the Congress, deference to the 
executive. Congressional authority is slipping.
  In fact, this President has issued more than 297 executive orders 
since taking office. Some of these infringe on the powers and duties 
reserved exclusively for Congress as dictated by the U.S. Constitution. 
In fact, one was so egregious that it had to be rescinded last year. 
That was executive order 13803 on federalism, which imposed new 
guidelines and granted the President unlimited policy making authority. 
Furthermore, it expanded the burden of big government on American 
citizens.
  Last August, due to its blatant regard for congressional authority 
and disregard for the 9th and 10th Amendments, the White House finally 
succumbed to intense pressure and suspended or withdrew the federalism 
executive order.
  The American Heritage Rivers Initiative, Executive Order 13061, is 
another example of our current President's attempted usurpation of the 
legislative powers of Congress. The Rivers Initiative was born when the 
President decided, without studies or public hearings, that he could 
take governing authority away from States and local governments.

  The Constitution requires Congress to first approve all revenue 
spending. However, Clinton's executive order would require States to 
give up certain rivers to Federal control. It is a threat to citizens' 
private property rights. Even more disturbing, the Rivers Initiative 
also would have given the President the power to reprogram government 
funds and spend taxpayers' money for projects without a vote of 
Congress.
  The President's use of executive orders and proclamations is 
reckless. Some fear the President may try to use these presidential 
directives in the future to further his international agenda in U.N. 
treaties or to increase his authority under the so-called emergency 
powers to spend more taxpayer dollars.
  Executive orders and proclamations are a legitimate source of law 
only when they draw upon the constitutional powers of the President or 
when Congress expressly delegates such authority.
  I urge every Member to join with me, and the 72 of our colleagues, 
and cosponsor House Concurrent Resolution 30. My resolution institutes 
a check within the Congress. It is a signal that executive 
infringements on legislative power will prompt Congress to protect its 
constitutional prerogatives.
  Those of us in Congress have taken an oath to uphold the Constitution 
and to protect the balance it established. To fulfill our oath of 
office, I urge each Member to support this resolution. We must protect 
our constituents from the abuses of unchecked executive power.

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