[Congressional Record Volume 151, Number 110 (Wednesday, September 7, 2005)]
[House]
[Pages H7678-H7681]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    HONORING AND RECOGNIZING THE DISTINGUISHED SERVICE, CAREER, AND 
  ACHIEVEMENTS OF CHIEF JUSTICE WILLIAM HUBBS REHNQUIST UPON HIS DEATH

  Mr. SENSENBRENNER. Mr. Speaker, pursuant to the order of the House 
entered into previously today, I call up the resolution (H. Res. 423) 
honoring and recognizing the distinguished service, career, and 
achievements of Chief Justice William Hubbs Rehnquist upon his death, 
and for other purposes, and ask for its immediate consideration.
  The Clerk read the title of the resolution.
  The text of House Resolution 423 is as follows:

                              H. Res. 423

       Whereas William H. Rehnquist was born on October 1, 1924, 
     in Milwaukee, Wisconsin and grew up the son of a paper 
     salesman;
       Whereas William H. Rehnquist served the United States in 
     the Army Air Corps during World War II;
       Whereas William H. Rehnquist attended and graduated from 
     Stanford University, earning a bachelor's and master's degree 
     in political science, and a second master's degree in 
     government from Harvard University;
       Whereas William H. Rehnquist went on to graduate first in 
     his class at Stanford Law School in 1952, where he met his 
     wife Natalie ``Nan'' Cornell;
       Whereas William H. Rehnquist and Natalie had three 
     children: James, Janet, and Nancy;
       Whereas William H. Rehnquist served as a law clerk to 
     Justice Robert H. Jackson on the Supreme Court during the 
     1951 and 1952 terms, and as Assistant Attorney General for 
     the Justice Department's Office of Legal Counsel, where he 
     advised the Nixon Administration on constitutional law from 
     1969 until 1971;
       Whereas William H. Rehnquist was appointed by President 
     Nixon and confirmed by the Senate as an Associate Justice of 
     the United States on December 10, 1971, at the age of 47;
       Whereas William H. Rehnquist was appointed by President 
     Reagan and confirmed by the Senate as the 16th Chief Justice 
     of the United States in 1986;
       Whereas Chief Justice Rehnquist's 33-year tenure on the 
     Supreme Court was one of the longest and most influential in 
     the Nation's history;
       Whereas legal scholars of all perspectives rank Chief 
     Justice Rehnquist as among the great Chief Justices of the 
     United States who influenced the interpretation of the law in 
     significant ways;
       Whereas Chief Justice Rehnquist was widely respected for 
     his evenhandedness as Chief Justice; and
       Whereas on January 7, 2002, the 30th Anniversary of his 
     swearing in at the Supreme Court, Justice John Paul Stevens 
     praised Chief Justice Rehnquist for ``the efficiency, good 
     humor and absolute impartiality that you have consistently 
     displayed when presiding at our Conferences'': Now, 
     therefore, be it
       Resolved, That the House of Representatives--
       (1) has learned with profound sorrow of the death of Chief 
     Justice Rehnquist; and
       (2) honors, recognizes, and expresses gratitude for the 
     distinguished service, career, and achievements of William H. 
     Rehnquist upon his death.

  The SPEAKER pro tempore. Pursuant to the order of the House of today, 
the gentleman from Wisconsin (Mr. Sensenbrenner) and the gentleman from 
California (Mr. Berman) each will control 30 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. 
Sensenbrenner).
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of House Resolution 423 which 
honors and recognizes the distinguished service, career, and 
achievements of Chief Justice William Hubbs Rehnquist upon his death.
  Mr. Speaker, the passing of Chief Justice Rehnquist means that a long 
and distinguished career has come to an end. William Rehnquist was born 
on October 1, 1924, in Milwaukee, Wisconsin and was raised in nearby 
Shorewood, Wisconsin, which currently lies in the congressional 
district I am proud to represent. The future Chief Justice attended 
Kenyon College briefly before joining the U.S. Army Air Corps during 
World War II.
  Following his career in the Army, Chief Justice Rehnquist attended 
and graduated from Stanford University, where he received a bachelor's 
and master's degree in political science and a second master's degree 
in government from Harvard University.
  At Stanford Law School, the future Chief Justice graduated first in 
the class that famously included his future colleague, Justice Sandra 
Day O'Connor. It was also at Stanford Law School that the Chief Justice 
met his future wife, Natalie ``Nan'' Cornell, whom he married in 1953.
  After graduation, William Rehnquist clerked for Supreme Court Justice 
Robert H. Jackson for the 1952 and 1953 terms. He then went on to 
practice as an attorney in his adopted home State of Arizona for 
several years before returning to Washington, DC, to serve as Assistant 
Attorney General for the Justice Department's Office of Legal Counsel, 
where he advised the Nixon administration on constitutional law from 
1969 until 1971.
  On October 22, 1971, President Nixon nominated William Rehnquist to 
fill the vacancy on the United States Supreme Court created by Justice 
John Marshall Harlan's retirement. The Senate confirmed him to the post 
of Associate Justice on December 10, 1971, and he was sworn into office 
on January 7, 1972, at the age of 47.
  Under his leadership, federalism, judicial restraint, and State 
autonomy once again became staple features of the Court's 
jurisprudence. Chief Justice Rehnquist deeply respected the proper 
roles of each branch of government and the separation of powers 
envisioned by our Founders. He repeatedly acknowledged that the first 
amendment to the Constitution guaranteed the free exercise of religion.
  By the time President Reagan nominated him to become the 16th Chief 
Justice of the United States on June 20, 1986, to replace Warren 
Burger, the pieces were in place for the Chief Justice to make a 
profound impact on American jurisprudence. His commitment to his 
principles were evidenced in his majority opinion upholding Cleveland, 
Ohio's program of school vouchers, which allowed public school students 
in poor areas to use vouchers to attend better, and often religious, 
schools, against an Establishment Clause challenge. His support for 
freedom of religion was also evidenced in his concurring opinion of Elk 
Grove Unified School District v. Newdow, in which he rightly concluded 
that the phrase ``under God'' in the Pledge of Allegiance was not a 
violation of the Establishment Clause.
  Most recently, Chief Justice Rehnquist joined Justice O'Connor's 
dissent in Kelo v. City of New London in which they correctly concluded 
that it is a violation of the fifth amendment's Public Use Clause when 
a government takes private property and gives it to another private 
entity to use for private commercial purposes.
  Apart from the doctrinal changes the Chief Justice brought to the 
Court, he also streamlined the manner in which the Court operated. His 
keen intellect and evenhandedness were appreciated by all of his 
colleagues. On the 30th anniversary of Rehnquist's swearing in, Justice 
John Paul Stevens, who often found himself on the opposite side of 
opinions from the Chief Justice, praised him for the ``efficiency, good 
humor, and absolute impartiality that you have consistently displayed 
when presiding at our conferences.'' These traits have led observers of 
all political persuasions to view Chief Justice Rehnquist as one of the 
most consequential jurists in our history.

[[Page H7679]]

  When Chief Justice Rehnquist was diagnosed with thyroid cancer in 
October of 2004, many of his admirers feared that his tenure on the 
Court would come to an end. The Chief Justice, however, had other plans 
and continued to make his presence felt on the Court even as he battled 
his disease. Unfortunately, last Saturday, Chief Justice Rehnquist lost 
that battle, and the country has lost a great intellect and a great 
public servant. His decision to swear in President George W. Bush last 
January while battling his illness inspired millions of Americans.
  From a personal standpoint, let me say that I first met the future 
Chief Justice back in 1968 going door-to-door while running for a seat 
in the Wisconsin Assembly, and when I knocked on his parents' door, 
they introduced me to the Chief Justice-to-be, and he and I have kept 
contact up for a number of years until he passed away, both before he 
was selected for the Court and I was elected to the Congress.
  As the chairman of the Committee on the Judiciary, let me say that I 
deeply appreciated the Chief Justice's invitations to address the 
twice-yearly meetings of the Judicial Conference of the United States 
on issues relating to the separation of powers and the 
interrelationship to how the laws the Congress passes relate to the 
operation of the third branch of government. I can say that the Chief 
Justice was extremely responsive when I had complained that the 
Judicial Discipline statute enacted in 1980 was not being utilized 
properly and effectively in terms of disciplining judges in the appeals 
court and in the lower Federal courts that may have strayed from the 
bounds of propriety and the ethical standards that we hope all of the 
judges will uphold.
  I can say that probably one of my most profound memories of the Chief 
Justice was at a Judicial Conference meeting on the morning of 
September 11, 2001, where, because I had the first three bills up on 
the floor at 10 o'clock, the Chief Justice put me on first. At that 
time the Twin Towers had both been hit, and the Chief Justice came in, 
sat down and said, ``Jim, make this snappy. Something bad is going 
on.''

                              {time}  1030

  So my remarks got condensed to a minute and a half and the Chief 
Justice said, ``There are no questions of the chairman, are there?'' 
And everybody else in the room got the message, so I was then excused, 
and when I got here to the Capitol to make the three motions for 
suspensions of the rules, the Pentagon had already been hit. So the 
Chief Justice, I think, was advised that we were all in danger, he 
wanted to get the business done despite the danger, and he was able to 
do that. I think that this shows his character, and it is a way that 
touched me in an extremely personal way.
  While the country has lost so much, his family, including his 
children James, Nancy, and Janet, and his six grandchildren have lost a 
loving family member as well. I know that the whole House will join me 
in extending our condolences to his family and our thanks for his great 
service to this country. I hope that all Members will join me in 
supporting House Resolution 423 honoring, recognizing, and expressing 
our gratitude for the distinguished service, career, and achievements 
of Chief Justice William H. Rehnquist.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BERMAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today I rise to celebrate the life of Chief Justice 
Rehnquist. Justice Rehnquist was devoted to the highest Court of the 
land and, more broadly, to our system of justice; and throughout his 
long tenure, he served them both admirably. During his 33 years on the 
Court, 19 of which were as Chief Justice, he chartered a definitive 
path which reflected his philosophy and left an unquestionable impact 
on the direction of the Court.
  In his early years on the Court, at a time when his approach to 
constitutional interpretation often was not shared by a majority on the 
Court, Justice Rehnquist stuck closely to his principles, earning him 
the moniker ``The Lone Ranger.'' Over time, he was joined by other 
Justices who shared his ideology, and he was able to craft majorities 
that moved the Court towards adopting his vision of the law. To his 
great credit, when faced with a conflict between his own strongly held 
position and the dictates of stare decisis, as happened with recent 
efforts to limit the Miranda decision, he frequently sided with 
precedent.
  While it is fair to say that over the years on decisions which have 
split the Court, I have probably disagreed with Chief Justice 
Rehnquist's opinions more often than I have agreed with them; however, 
I have admired many of his efforts to protect the independence of the 
judiciary and his willingness to criticize his own party.
  Chief Justice Rehnquist often stated his discomfort with Congress 
encroaching on a court's prerogative in an attempt to guard judicial 
independence. He lashed out at those attempting to impeach judicial 
activists and threaten judges for rulings they did not like. ``The 
Constitution protects judicial independence not to benefit judges but 
to promote the rule of law. Judges are expected to administer the law 
fairly, without regard to public reaction,'' he once said.
  Chief Justice William H. Rehnquist also criticized Congress for 
repeatedly enacting Federal criminal laws that overlap State laws. The 
States have the primary role in the area of crime and law enforcement, 
he said in his annual message on the judiciary, and Congress needs to 
think twice before turning ``every highly publicized societal ill or 
sensational crime'' into a new Federal law. ``The trend to federalize 
crimes that traditionally have been handled in State courts not only is 
taxing the judiciary's resources,'' he said, ``but it also threatens to 
change entirely the nature of the Federal system. Federal courts were 
not created to adjudicate local crimes, no matter how sensational or 
heinous the crimes may be. State courts do, can, and should handle such 
problems.''
  The impact of Congress having relegated more complex and time-
consuming cases appropriate for State court adjudication to Federal 
jurisdiction, such as Congress did with class action reform, warranted 
Rehnquist's rebuke: ``Congress should commit itself to conserving the 
Federal courts as a distinctive judicial forum of limited jurisdiction 
in our system of federalism. Civil and criminal jurisdiction should be 
assigned to the Federal courts only to further clearly define national 
interests, leaving to the State courts the responsibility for 
adjudicating all other matters. This long-range plan for Federal courts 
is based not simply on the preferences of Federal judges but on the 
traditional principle of federalism that has guided this country 
throughout its existence.''
  As noted by the New York Times, Chief Justice Rehnquist was also duly 
critical of hastily enacted limitations on judicial sentencing 
decisions and the potential damage that compiling information on the 
sentencing habits of individual judges could do to fair and impartial 
justice. Chief Justice Rehnquist plainly saw his role as defender in 
chief of the Nation's independent court system, which he famously 
called ``one of the crown jewels of our system of government.''
  His often practical approach to immeasurably weighty responsibility 
of having one out of nine votes on the most powerful Court in the 
country reflected his devotion and respect for the institution of the 
Supreme Court and its effect on the lives of all Americans. Nowhere did 
Justice Rehnquist's love for the Court shine through more than in his 
numerous books on Supreme Court history and lore.
  Chief Justice Rehnquist also displayed considerable skill in managing 
an often divided Court. His colleagues have spoken of his deft ability, 
good humor, and impartiality as he led the Court through landmark 
cases. On top of this, he served for nearly 2 decades as the chief 
judicial officer of the Nation's Federal court system, constantly 
advocating for the resources needed to improve the courts' mission of 
delivering evenhanded justice throughout the Nation.
  I would commend to my colleagues the op-ed piece in the New York 
Times yesterday by Laurence Tribe, a frequent litigator in the Supreme 
Court who argued many, many cases, who speaks of Chief Justice 
Rehnquist's career there and finds many, many reasons to praise and 
admire him. He closes his article urging that as the Senate now 
considers the confirmation

[[Page H7680]]

of a new Chief Justice, they look to one of the issues that he felt 
Chief Justice Rehnquist so ably stood for and that is the ability of 
new Justices to help the Court earn the respect of all who take part in 
its proceedings or are affected by its rulings, which means everyone. 
``Chief Justice Rehnquist,'' Professor Tribe noted, ``was a master at 
that mission. For that, and for the steadiness of his leadership, I 
will always remember him with profound gratitude and admiration.''
  We are all saddened by the loss of Chief Justice William Rehnquist. 
As we mourn his death, regardless of our political differences, we must 
remember how he selflessly gave to the Court and the Nation. His work 
is an important legacy that impacts every American's life and will 
shape the lives of future generations. I join the Nation in applauding 
his accomplishments, and I express my sympathy for our collective loss.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman 
from North Carolina (Mr. Coble).
  Mr. COBLE. Mr. Speaker, not unlike the gentleman from Wisconsin, I 
also appeared at the Supreme Court on 9/11 to address the judicial 
conference. Just as I approached the podium, the Chief Justice handed 
me a note which read: ``The Pentagon has been bombed.'' I thought 
perhaps they did not know about the World Trade Center because they had 
been in session the entire morning, and I said, ``No, Chief, it's the 
World Trade Center.'' He said, ``No, Howard, it's the Pentagon here.'' 
My staff, Mr. Speaker, admonishes me to this day for not having 
retained that piece of paper. It would have been a nice personal 
memento. Each time I saw the Chief after that, he or I mentioned that 
exchange between us.
  Not unlike the gentleman from Wisconsin, I did not know the Chief 
that intimately, but I am very high on him. I think he was an 
outstanding Chief Justice. Each time I saw him, he or I mentioned that 
exchange between us on 9/11.
  If I could describe him very briefly, I would say a man blessed with 
supreme intellect; a warm, cordial demeanor; an outstanding Chief 
Justice; an outstanding jurist; an outstanding citizen; an outstanding 
gentleman. He will indeed be missed. I join with my colleagues in 
extending our sincere condolences to the family of this great man.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 3 minutes to the gentleman 
from Ohio (Mr. Chabot), the chairman of the Subcommittee on the 
Constitution.
  Mr. CHABOT. Mr. Speaker, as chairman of the Constitution Subcommittee 
of the Judiciary Committee, I want to take this opportunity to honor 
the late Supreme Court Justice William Hubbs Rehnquist. Our country was 
privileged to have Justice Rehnquist serve as a member of our Supreme 
Court for 33 years, the last 18 years, as we know, as Chief Justice. 
Once considered the maverick lone star justice for his solo dissents, 
he eventually led a majority which perhaps most importantly favored a 
shift in power from Washington back to the States where it belongs.
  Among other challenges he met during his tenure, Chief Justice 
Rehnquist presided over the impeachment trial of a President, President 
Clinton. Having served as one of the House managers myself, I can say 
that he did so with an evenhanded approach, showing fairness and 
dignity to both sides. Also, notably, he was the last member of the 
Court who voted on the landmark case of Roe v. Wade, dissenting from 
that ruling that legalized abortion. I will always appreciate his 
respect for the value of human life and his commitment to this body and 
local government's making decisions to protect life, such as the ban on 
partial-birth abortion.
  Through his opinions, the Chief Justice showed that an active Court 
could uphold conservative policy through judicial restraint. As we 
begin the process of finding a replacement for Justice Rehnquist, I 
hope that we will remember the important impact of his presence on the 
Court and his commitment to upholding the text and history of the 
Constitution.
  His strength and dedication to our country could be seen most 
recently when he fulfilled his duties of swearing in our 43rd President 
for the second time while battling terminal thyroid cancer. Let us 
remember this, I believe, historic Chief Justice for his love of the 
law and his love for his country. Our thoughts and prayers are with his 
family on this day.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman 
from Texas (Mr. Gohmert).
  Mr. GOHMERT. Mr. Speaker, Chief Justice Rehnquist was a man of great 
intellect on a Court that is saturated with great intellect. He was 
also a man of vast common sense. Unfortunately, common sense was not so 
well and evenly distributed on the Court. Nonetheless, as a gentle man, 
a man of class, a man of integrity, he brought great wisdom and great 
honor to the Court. As a former prosecutor, a former district judge, a 
former chief justice of an appellate court in Texas, I watched his 
actions, I read his opinions and appreciated his great intellectual 
honesty and appreciation for the Constitution. He was a rare man, a man 
that brought great honor upon the Court, upon this country, and upon 
the Constitution. He will be sorely missed. It is with great respect 
that we extend our sympathy and our sincere best wishes and our prayers 
to the family and those closest to the Chief Justice. We all mourn the 
loss of a very great American.
  Ms. PELOSI. Mr. Speaker, I join all of my colleagues in expressing 
our deepest condolences to the family of Chief Justice William H. 
Rehnquist. I mourn his loss, and I thank the gentleman from Wisconsin, 
Mr. Sensenbrenner, and the gentleman from Michigan, Mr. Conyers, for 
introducing this resolution.
  I had the privilege yesterday of paying my respects to the Chief 
Justice as he lay in repose at the Great Hall. As I prayed, I thought 
of the great courage he displayed in the last few months, and his 
devotion to duty, even in the face of illness.
  As a Nation, today we honor his memory and a lifetime of dedicated 
public service. Chief Justice Rehnquist was a man of great intellect 
and passion for the Supreme Court and its traditions, who was an 
outstanding leader and administrator of the judiciary. He was not only 
a student of history, an author of books on American history, but he 
also wrote chapters in our Nation's history as Chief Justice.
  As a law clerk to a great Justice, Robert Jackson, he formed an early 
appreciation for the institution that he would serve in a long and 
distinguished career. As Justice John Paul Stevens noted, Chief Justice 
Rehnquist set an exemplary example as leader of the Court. His 
colleagues uniformly spoke of his fair and impartial leadership of 
their proceedings, and of his efforts to prevent disagreements from 
becoming personal.
  His legacy is his steadfast and proud defense of an independent 
judiciary. As Justice Ruth Bader Ginsburg said on Sunday: ``He regarded 
an independent judiciary as our country's hallmark and pride, and in 
his annual reports, he constantly urged Congress to safeguard that 
independence.''
  I hope all of us in Congress will honor his legacy by preserving an 
independent judiciary. It is our oath of office to protect and defend 
the Constitution of the United States--and that means protecting an 
independent judiciary free of manipulation and intimidation.
  As the New York Times noted this morning, Chief Justice Rehnquist 
disapproved of recent Congressional attempts to ``intimidate individual 
judges, strip federal courts of jurisdiction to decide certain 
constitutional challenges, and otherwise undermine the constitutional 
separation of powers and checks and balances.'' In his last annual 
report, the Chief Justice wrote that ``A judge's judicial acts may not 
serve as a basis for impeachment. Any other rule would destroy judicial 
independence.''
  An independent judiciary has served for more than two centuries as 
the guardian of our constitutional liberties and as the words on the 
Supreme Court building so nobly state, has ensured ``equal justice 
under law.'' We must preserve an independent judiciary and honor his 
memory by doing so.
  It is with sadness and respect that I extend my sympathies to Chief 
Justice Rehnquist's family and friends. I hope it is a comfort that so 
many people are praying for them at this sad time. He will long be 
remembered and missed.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise today to pay tribute 
to one of the most influential jurists of the 20th Century, Chief 
Justice William H. Rehnquist, the 16th Chief Justice of the United 
States upon his passing on the evening of Saturday, September 3, 2005.
  First appointed to the Supreme Court as an Associate Justice by 
President Richard Nixon in 1972, Rehnquist would go on to serve for 33 
years, the final 19 of which as Chief Justice. During his time on the 
Court, Rehnquist

[[Page H7681]]

earned the reputation as a conservative intellectual who would 
challenge the status quo in the name of judicial restraint and 
federalism principles. He respected the Court's role as an independent 
body whose role was not to legislate subjectively on the issues of the 
day; but rather, to serve as the objective arbiter of the rule of law.
  Notwithstanding the politically charged nature of the Court during 
the latter half of the 20th Century, Rehnquist was very well liked and 
respected by all his colleagues, even those with whom he frequently 
disagreed. In fact, Justice John Paul Stevens, the Justice with whom 
Rehnquist most frequently disagreed, commented on ``the efficiency, 
good humor and absolute impartiality that [Rehnquist had] consistently 
displayed when presiding at [Supreme Court] Conferences.'' This ability 
to work closely with all of his colleagues was a testament to Chief 
Justice Rehnquist's affability, professionalism and evenhandedness.
  Not only will Chief Justice William H. Rehnquist be missed as a 
jurist, he will also be missed as a loving family man. Though his wife 
preceded him in death, he is survived by three wonderful children to 
whom he no doubt passed his strong work ethic, patriotism, and deep and 
abiding respect for our American institutions.
  In closing Mr. Speaker, please let me extend my condolences to Chief 
Justice Rehnquist's family and friends on their loss. He was a great 
American and will be missed by us all.
  Mr. BERMAN. Mr. Speaker, I yield back the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Simpson). Pursuant to the order of the 
House of today, the resolution is considered read and the previous 
question is ordered.
  The question is on the resolution.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

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