[Congressional Record Volume 147, Number 103 (Monday, July 23, 2001)]
[Senate]
[Pages S8041-S8044]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PRESIDING OVER THE SENATE
Mr. BYRD. Mr. President, every class of Senators seems to have
characteristics or qualities that make it distinguishable from other
classes. The Senate class of 1946, for example, has been considered the
``post-New Deal Republican Eightieth Congress.'' The Senate Class of
1958, my own class, had qualities to which I devoted an entire chapter
in Volume I of my history of the United States Senate. The class of
1974 has been referred to as ``Kennedy children'' because of the
influence that President John F. Kennedy had on so many of them, and as
the ``Watergate Babies'' because so many of them owed their victories
to the fallout from the scandals of the Nixon Administration. The
Senate class of 1980 was certainly an integral part the ``Reagan
Revolution.''
I daresay that the Senate class of 2000 may well become known for,
and distinguished by, a renewed dedication to the Senate as an
institution. That is what they have brought to the Senate. I have never
seen a freshmen class of Senators demonstrate more pride in
understanding the rules, customs, and traditions of the Senate as has
the class of 2000.
They first grabbed my attention early in this session when three of
them--namely, Senators Mark Dayton, Bill Nelson, and Hillary Clinton--
came to me and asked for my advice not only on how the Senate works,
but also what makes it work, and what they could do to make it work
better.
I have seen and witnessed so much in my lifetime that few things ever
impress me any more, but that did. I was impressed by their eagerness
and their sincerity, and their interest, not only in their individual
Senate careers, but their interest in the Senate as an institution, as
well. These new Senators wanted to know how they could contribute to
the Senate, how they could be good Senators in the context of being
useful, of being efficient, of being Senators who develop and retain an
institutional memory, how they could best serve their States in this
institution.
At about that same time, our Majority Leader, Mr. Daschle, asked me
if I would conduct a session with new Senators to discuss some of the
elemental rules that would be important to new Members, especially when
they are called upon to preside.
I began meeting with these new Senators and discussing Senate rules
and Senate traditions and how the Senate operates, how it should
operate, how it has operated in the past. These meetings have been well
attended.
Now I have enjoyed watching members of the class of 2000 preside over
the Senate, and the attentiveness and the pride with which they perform
this duty.
I realize that presiding over the Senate is often regarded as a
chore. The limitations of the position keep it from being seen as an
exciting or glamorous assignment. For example, Senators are restricted
in what they can say from the Chair. Even when criticisms are directed
to the Chair, the Chair is not supposed to respond. The Chair is only
to respond when called upon by way of a parliamentary inquiry or to
make a ruling on a point of order, or to restore order in the Senate
Chamber or in the galleries.
Perhaps this is why, over the years, I have detected a tendency among
some Senators not to take the position of Presiding Officer seriously.
This is why, no doubt, some Senators have shied away from serving in
the position, and why, when they did preside, they could be seen
reading a newspaper or magazine, or reading their mail or writing out
their checks--anything but paying attention to what was happening on
the floor.
But I want to take this opportunity to stress that the Presiding
Officer has a most important, most fundamental responsibility to the
Senate and to the people of the United States. The Presiding Officer is
the person who maintains the rules and the precedents of the Senate,
and from these rules and precedents come the order, civility, and
decorum in the Senate. In his farewell speech to the Senate, in 1805,
Aaron Burr, who was Vice President, referred to the Senate Chamber as a
``sanctuary.'' He said:
This House is a sanctuary; a citadel of law, of order, and
of liberty; and it is here--it is here, in this exalted
refuge; here, if anywhere, will resistance be made to the
storms of political phrenzy and the silent arts of
corruption; and if the Constitution be destined ever to
perish by the sacrilegious hands of the demagogue or the
usurper, which God avert, its expiring agonies will be
witnessed on this floor.
This is the place where we, the Nation's lawmakers, come together to
talk to one another, to listen to one another respectfully, to learn,
and to make our best case to the best of our ability.
Order and decorum are needed so that Senators may be properly
recognized, the clerk can hear and record the votes, and the people in
the galleries--the people who watch silently over our shoulders--can
hear the debate. As I was sitting in the chair earlier today and
watching the people in the galleries, I thought: Here are the silent
auditors. These are the people; sovereign rests in them. They come
here; they listen; they watch us; they watch over our shoulders.
And then my imagination carried me from the Atlantic to the Pacific,
and I thought: Here are 284 million people represented in this body by
100 men and women. What an honor, what a responsibility, what an
opportunity. Order and decorum are needed if our different political
parties are to work together in the best interests of our Nation and
its people.
So as we conduct our business in front of the galleries and in front
of the television cameras, we must keep in mind that the American
people are watching. They are watching us. They are the people who send
us here. They are the people who pay our salaries. They are watching
us. They are evaluating what we do and what we say, and they are
pondering not only what is being said but also the way we act. They are
looking over our shoulders. They are judging us.
Calling the U.S. Senate the ``citadel of liberty,'' Senate President
pro tempore-elect William King of Alabama pointed out that it is ``to
this body''--this body--``[that] the intelligent and virtuous,
throughout our widespread country, look with confidence for an
unwavering and unflinching resistance to the encroachments of power.''
Think of that. The people look to us--the Senate in particular--to
guard them, to guard their liberties, to guard their freedoms against
the encroachments of power from an overweening Executive.
Senator King then proceeded to explain:
To insure success . . . in the discharge of our high
duties, we must command the confidence and receive the
support of the people. Calm deliberations, courtesy toward
each other, order and decorum in debate, will go far, very
far, to inspire that confidence and command that support.
Now with the televising of Senate proceedings, we are being observed
by teachers, by students around the country, by judges, by coal miners,
by farmers, by members of legislatures, members of city councils,
observing and studying the legislative process. They are watching us.
We are being observed by millions of taxpayers in the kitchens, in the
living rooms. We are also being viewed by people around the world.
The U.S. Senate is the premier upper Chamber in the world today, and
we ought to keep it that and be proud of it. There are over 61 nations
in the world that have bicameral legislative bodies. All the others
have unicameral legislatures. But the U.S. Senate and the Italian
Senate are the only bicameral legislative bodies in the world today in
which the upper chamber is not dominated by the lower chamber.
Furthermore, developing democracies are watching us for guidelines on
[[Page S8042]]
how a legislature operates in a representative republic, in a
democratic republic.
It is imperative, therefore, that the U.S. Senate be seen as a model,
and that the Presiding Officer be seen as a model Presiding Officer;
order and decorum are essential to that objective. Order and decorum
are established in the Senate rules. Of the 20 rules that the Senate
first observed in 1789, many of them regulated order and decorum. Yet
Senate rules, like order and decorum, I fear, are taken too much for
granted.
I am not the first Senator to express that concern. In 1866, Senator
Charles Sumner of Massachusetts cautioned his colleagues that they had
become so ``accustomed'' to the parliamentary rules that ``govern
legislative proceedings'' that they failed to recognize their
``importance in the development of liberal institutions.'' These rules,
he maintained, ``are among the precious contributions which England has
made to modern civilization. . . . [They] have become a beautiful
machine by which business is conducted, legislation is molded, and
debate is secured in all possible freedom.'' These rules, he said in a
phrase that I have always held dear, are ``the very temple of
constitutional liberty.''
Some years later, Vice President Adlai Stevenson reminded his
colleagues ``that the rules governing this body [the U.S. Senate] are
founded deep in human experience; that they are the result of centuries
of tireless effort in [the] legislative hall, to conserve, to render
stable and secure, the rights and liberties which have been achieved by
conflict.''
Our English forebears wrested from tyrannical monarchs the power of
the purse and vested it in a body made up of the elected
representatives of the people, the House of Commons.
The parliamentary rules that ``govern legislative proceedings'' serve
many purposes. They perform many vital functions not only here in the
Senate but also in our Government.
Arthur Onslow, whom Thomas Jefferson considered the ``ablest among
the Speakers of the [British] House of Commons,'' maintained ``that
nothing tended more to throw power into the hands of administration . .
. than a neglect of, or departure from, the rules of proceeding.''
We have seen that right here in this Senate.
``By its rules the Senate wisely fixes the limits on its own power,''
declared Vice President Adlai Stevenson.
I have said this time, time, and time again, but this is Vice
President Adlai Stevenson saying it this time: ``The right of amendment
and of debate.'' The right of amendment and of debate, and how often in
recent years have we seen Senators denied these fundamental, basic
rights: the right to debate and the right to amend?
``Great evils often result,'' continued Vice President Stevenson,
``from hasty legislation; rarely from the delay which follows full
discussion and deliberation. In my humble judgment, the historic
Senate--preserving the unrestricted right of amendment and of debate,
maintaining intact, the time-honored parliamentary methods and
amenities which unfailingly secure action after deliberation--possesses
in our scheme of government a value which cannot be measured in
words.''
I would add, Mr. President, that it is the Senate rules which
establish the basis for order and decorum in the Senate.
In his ``Manual of Parliamentary Practice for the Use of the Senate
of the United States,'' Thomas Jefferson laid out strict rules for
maintaining order and decorum, including a provision that read:
No one [Senator] is to disturb another in his speech by
hissing, coughing, spitting, speaking, or whispering to
another, nor to stand up or interrupt him, nor to pass
between the Speaker and the speaking member, nor to go across
the house, or walk up and down it, or take books or papers
from the table, or write there.
That was Jefferson speaking.
The Senate has remained ever attentive to the need for order and
decorum, Mr. President. According to the Senate Historian's Office:
Persistent concern for the chronically disordered state of
floor activity in the early 1850s moved the Senate to
authorize construction of a new and larger chamber. The
chamber--
This Chamber into which the Senators moved in 1859--
included ample galleries and floor space, and--for the
first time--cloakrooms to which members could retire for
private conversation and writing.
Ergo, Mr. President, order and decorum are needed because in this
Chamber we are dealing with important, often controversial, national
issues. We are dealing with precious issues that mean so much to the
people we represent and to the Nation's values.
Pressure is constantly building upon us with so much at stake in
nearly everything we say and do. As tensions rise and pressures mount,
it is essential that we maintain order and decorum as well as mutual
respect for one another. Only with respect for and obedience to the
rules, especially those governing order and decorum, can the Senate
function properly and effectively.
Without observance of these rules, events in the Senate can escalate,
and have escalated, out of control. During the decade in which the
country approached the Civil War, for example, antagonisms over the
difficult issues of the period flared, and so did tempers, and so did
disorder in the Chamber.
During a heated argument in 1850, Senator Henry Foote of Mississippi
in the Old Senate Chamber just down the hall drew a pistol on Senator
Thomas Hart Benton of Missouri. In that same Chamber in 1856 came the
caning of Senator Charles Sumner of Massachusetts. In 1859, Senator
William Gain of California challenged Senator Henry Wilson of
Massachusetts to a duel. In 1863, in this Chamber, William Salisbury of
Delaware threatened to shoot the Sergeant at Arms. Several decades
after the Civil War, in a heated debate over a treaty, two South
Carolina Senators got into a fight. Senator Benjamin Tillman and
Senator John McLaurin, both of South Carolina, traded punches on the
Senate floor.
We no longer draw pistols on each other, engage in fist fights, or
threaten to shoot the Sergeant at Arms, but for a long while I was
seriously concerned about the decline of decorum in this body. In
December 1995, I came to the floor and expressed my deep concern at the
growing incivility in this Chamber. Senators were using what I call
``gutter talk'' and ``fighting words'' that once could have led to fist
fights or even duels.
Just last year, I complained of the lack of decorum that had
developed over the past few years. Having served in both Houses of the
West Virginia State Legislature, I pointed out that the decorum, the
order within the House of Delegates of West Virginia and the West
Virginia Senate, were far more to be desired than we would find in the
United States Senate Chamber.
I was beginning to regret my role in helping to arrange the
televising of Senate proceedings. I could not help but believe that the
decline in order and decorum fell to a large extent upon the Presiding
Officer, the burden of maintaining order and decorum. It is the Chair's
responsibility to maintain order in the Senate when disorder arises. It
is the duty of the Chair, without being asked from the floor, without a
point of order being made from the floor, to maintain order and decorum
in the Senate Chamber and in the galleries. When the Presiding Officer
fails in the mission, he fails the Senate.
I often say to these new Members: Don't be afraid to use that gavel.
Hit the desk hard. Use that gavel. It is made of ivory. It won't crack.
Only once has the gavel been broken in more than two centuries of
debate in the Chamber. Just tapping is all right. It is all right just
to tap the gavel if the pages are being a little noisy or if there are
two or three Senators making a noise up here close and if the Chamber
is not crowded with Senators. But when there are many Senators in the
Chamber, one needs to use that gavel.
I have been very proud of the way these new Senators use the gavel.
The Senate ladies here--I am an old-fashioned Senator; I still refer to
men as gentlemen and women as ladies--these female Senators use that
gavel and they make themselves heard. And they are firm when they ask
for order. When they are presiding and they ask for order, they get it.
They make that gavel sound. They make the rafters ring with the sound
of that gavel. When they ask for order, they get it. I daresay that
much of the indecorous ways of the Senate from time to time
[[Page S8043]]
come about when the Presiding Officer is not paying attention to the
floor, is not enforcing the rule.
My how things have changed in the last few months with the Senate
class of 2000. I no longer see the Presiding Officers reading
newspapers or signing mail at that desk. They don't do it. They pay
attention to the Senate. I have said to the Senators, if you are called
upon to preside and you have letters to sign, beg off presiding for
that time. We can supply a new Presiding Officer. Don't go to the desk
and sign your mail. People are watching you. What are they going to
think of you? What do the people in the galleries think of a Presiding
Officer who sits up there and reads the newspaper or looks at a
periodical?
Our new Senators, when presiding, are not reading the mail. They are
paying attention to what is happening on the floor, and they are keenly
aware of what is going on. One quick look at them and you realize that
they take the responsibility of presiding over the Senate very
seriously. They perform very professionally.
To these Senators who are presiding, the class of 2000, it is not
just a chore that they must undertake as freshmen. It is a way to learn
even more about the Senate, to watch and study the way it works and to
learn from it. And perhaps even more importantly, they recognize the
importance of the position in keeping the Senate operating and
functioning properly.
These Senators are determined to keep order. They are not afraid to
pound the gavel to get order in the Senate. Even though they are
freshmen Senators, they will pound that gavel against more senior
Members when it is called for.
Just the other day I watched as one of the freshman Senators hammered
away until he got absolute silence. That is the way it ought to be. I
know that sometimes a freshman Senator may hesitate to pound the gavel
or to insist that a Senator of great seniority here takes his seat or
stops talking. I know just how a freshman Senator feels because I once
was in that position as a new Senator. The Chair should pound that
gavel. Make it crack. Make it be heard. Make it be heard until it is
the only noise in the Chamber.
Because of the efforts of these Presiding Officers to maintain order
and decorum, I believe I have detected a Senator or two who would
respond with a rather shocked expression.
I have been in that chair and sought order, and I have had a few
Senators look at me as though they wondered, who does this fellow think
he is? They will give the Chair an impudent stare, but as long as they
cease their talking, perhaps the Chair will be done with that. But it
is evident. We owe that Chair respect. We owe the gavel, the Presiding
Officer, respect. And the leaders can go a long way in helping to get
order in this Senate if they, too, listen to the Chair; if they, too,
when the Chair asks that the well be cleared, if they, too, will clear
the well, they will set a good example to other Senators.
This crop of Senators has not budged. They are not intimidated. They
are determined to do their job. They are making a difference. They are
restoring a decorum to the Senate that was on the decline for too long.
I thank them for their efforts.
Much to the surprise of many Senators, I am sure, there is a
resolution No. 480 of the standing rules of the Senate. For those who
do not know this order, it requires Senators to vote from their
assigned desks. It is there. It is not often enforced, but it can be
enforced. I constantly vote from my chair. I try always to vote from my
chair. Only a few vote from their desk. That is what Senators are
supposed to do, vote from their desk. I constantly observe Senators
going into the well and milling around. As I have stated before, this
makes the Senate look more like the floor of the stock exchange than
the world's greatest deliberative body.
When I came here, there were giants in the Senate. I did not see the
giants of the Senate--Senators Everett Dirksen of Illinois, Styles
Bridges of New Hampshire, Richard Russell of Georgia, Stuart Symington
of Missouri, Norris Cotton, George Aiken--get into the well and mill
around. They may have walked through the well or they may have walked
up to the desk and asked something about a vote, but they did not
gather in the well and carry on long conversations. They sat in their
seats or they moved to the back of the Chamber or moved outside the
Chamber. There are plenty of places where Senators can go to converse.
I know how it is. You come to the floor, we have been in committees.
It has been a while since you last saw a Senate colleague and we greet
other Senators and we sometimes begin talking about the business of the
Senate and we become oblivious to the fact there is being business
transacted. We become oblivious to the fact we are making a noise. I
have been the culprit in many instances. But once that Chair sounds the
gavel and asks for order, I try to obey that Chair.
Mr. President, I ask for 3 more minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BYRD. Mr. President, there are plenty of places where Senators
can converse. Think how different it is on those occasions when
Senators do vote from their seats. There is less noise and less chaos
and voting goes so much faster. Think how impressive it is when the
United States acts and votes in accordance with the standing rules and
orders of the Senate.
I want the American people to revere the Senate. If they respect this
body, they will have more respect for the laws that we enact. I am not
suggesting that it is the fault of the Presiding Officer when Senators
fail to vote from their seats, but I must say that when I first came to
the Senate I watched the Senate. And even in escorting the Chaplain to
the podium at the opening of the Senate, daily, the way those
Senators--the way the President pro tempore did that in those days was
very impressive. I watched Senator Richard Russell of Georgia escort
the Chaplain to the dais. Senator Russell did not walk up on that
platform with the Chaplain. Senator Russell paused on the step just
below the platform, allowing the Chaplain to stand alone on the
platform.
I was really moved by this act. Senator Russell did not stand behind
the Chaplain. He did not stand beside the Chaplain, thus crowding the
space. He was not hovering over the Chaplain like an old hen watching
over her chicks. Senator Russell remained out of the picture until the
Chaplain had finished. I kept thinking how proper that was. He was
giving the Chaplain the platform. This was God's moment, God's moment
before the Senate, and the Presiding Officer was honoring and
respecting God's moment. That was class. By Senator Russell's actions,
he, too, was according proper homage to the Supreme Being. And people
liked that. People liked that.
Nothing we do here in the Senate is more important than seeking the
Lord's blessing and paying our respects to the Creator. When the
Chaplain is before us--he may be a guest Chaplain of whatever faith--it
is God's time. We should respect it. We should cherish it. We should
honor it as did the Presiding Officers in that day. The memory of how
that impressed me has been with me through the years so that always
when I open the Senate I do it the way those Senators did it in those
days, now so long ago.
Back in 1990 I pointed out that:
[I]f something seems wrong with the Senate from time to
time, we, the members, might try looking into the mirror;
there, in all probability, we will see where the problem
lies. Those who weaken the Senate are members who, in one way
or another, bring discredit on the institution.
Those Members, I said, are the ones:
. . . who never quite understand the Senate [and lack] an
appreciation of its customs, its traditions, its rules and
precedents, and a pride in having been chosen to serve in it.
Only 1,864 men and women have served in this body. Today, more than a
decade later, I want to rephrase that point. Let me say that it is the
Members who try to understand the Senate, who try to gain an
appreciation of its customs and traditions, its rules and precedents,
and who take a pride in having been chosen to serve in the Senate--they
are the ones who bring credit to the Senate. They are the Senators who
will keep the U.S. Senate as a model to the people of America and the
world.
In the few months that they have been here, the class of 2000 is
doing that. And, again, I salute them for it.
[[Page S8044]]
Mr. President, I yield the floor.
I suggest the absence of a quorum.
Mr. McCONNELL. Mr. President, will the Senator suspend? Could I ask
what the order of business is?
The PRESIDING OFFICER (Mr. Nelson of Nebraska). The order is to
resume consideration of H.R. 2299.
Mr. McCONNELL. Seeing no one else on the floor, I ask unanimous
consent I be allowed to proceed for 5 minutes as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________