[Congressional Record Volume 154, Number 148 (Wednesday, September 17, 2008)]
[House]
[Pages H8332-H8336]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CELEBRATING THE 221ST ANNIVERSARY OF THE SIGNING OF THE CONSTITUTION OF 
                      THE UNITED STATES OF AMERICA

  Ms. McCOLLUM of Minnesota. Mr. Speaker, I move to suspend the rules 
and agree to the resolution (H. Res. 1356) celebrating the 221st 
anniversary of the signing of the Constitution of the United States of 
America, and for other purposes.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 1356

       Whereas the Constitution of the United States of America 
     was formally signed on September 17, 1787, by 39 delegates 
     from 12 States;
       Whereas the Constitution of the United States was 
     subsequently ratified by each of the original 13 States;
       Whereas the Constitution of the United States was drafted 
     in order to form a more perfect union, establish justice, 
     ensure domestic tranquility, provide for the common defense, 
     promote the general welfare, and secure the blessings of 
     liberty for citizens of our Nation;
       Whereas the liberties enjoyed by the citizens of the United 
     States today are rooted in this cherished document that gave 
     birth to our Nation;
       Whereas the Constitution of the United States serves as the 
     foundation for citizens of the United States to accomplish a 
     level of prosperity, security, justice, and freedom 
     unsurpassed by any other country;
       Whereas the Constitution of the United States is a model 
     for establishing freedom in other countries;
       Whereas the Members of the House of Representatives take an 
     oath to support and defend the Constitution of the United 
     States; and
       Whereas September 17, 2008, is the 221st anniversary of the 
     signing of the Constitution of the United States: Now, 
     therefore, be it
       Resolved, That the House of Representatives--
       (1) celebrates the 221st anniversary of the signing of the 
     Constitution of the United States of America;
       (2) honors the efforts of the 42 delegates who attended the 
     majority of the Constitutional Convention meetings and the 39 
     signers of the Constitution of the United States;
       (3) acknowledges the significance of the ideals established 
     by the Constitution of the United States, including the 
     principle of a limited Federal Government with a system of 
     checks and balances between the 3 branches;
       (4) recognizes the Constitution of the United States as the 
     source responsible for our Nation's ability to withstand 
     calamity and preserve national stability, or as Thomas 
     Jefferson wrote, ``Our peculiar security is in the possession 
     of a written Constitution''; and
       (5) encourages the citizens of the United States of 
     America, who have the privilege to share in the freedoms 
     recognized in the Constitution of the United States, to join 
     with the House of Representatives in this historic 
     celebration.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Minnesota (Ms. McCollum) and the

[[Page H8333]]

gentlewoman from North Carolina (Ms. Foxx) each will control 20 
minutes.
  The Chair recognizes the gentlewoman from Minnesota.


                             General Leave

  Ms. McCOLLUM of Minnesota. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Minnesota?
  There was no objection.
  Ms. McCOLLUM of Minnesota. I yield myself such time as I may consume.
  Mr. Speaker, today marks the 221st anniversary of the signing of the 
U.S. Constitution, the document that is the basis for our country and 
the government it is built upon. House Resolution 1356, as introduced, 
is designed to pay tribute to this historical event.
  The supreme law of the land, the U.S. Constitution was adopted on 
September 17, 1787, by the Constitutional Convention in Philadelphia, 
Pennsylvania, thereby replacing the Articles of Confederation. Shortly 
after the signing of the Constitution, each State held individual 
conventions in order to ratify the document in the name of the people.
  Since its inception, the Constitution has been amended 27 times, with 
the first 10 amendments, of course, being our Bill of Rights and other 
significant amendments, including the 13th amendment abolishing 
slavery, the 14th amendment which bestowed the right of due process 
upon all citizens, and the 19th amendment which forbid the denial of 
the right to vote based on gender.
  Mr. Speaker, much can be said about the growth and development of our 
Nation and the fact that through all of it, whether in times of peace 
or war, the U.S. Constitution has withstood the test of time. On this, 
the 221st anniversary of the signing, let us stand in unison, putting 
aside our partisan distinctions and differences in order to celebrate, 
as Americans, strong and mighty, the framing document of our country, 
the U.S. Constitution.
  I thank the gentleman from New Jersey for offering this measure, and 
I am sure my colleagues will join me in supporting the passage of House 
Resolution 1356.
  I reserve the balance of my time.
  Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, it is truly an honor to be able to be here today and 
speak on the anniversary of our Constitution. On this day, 221 years 
ago, the Constitution of the United States was signed in Philadelphia. 
Today we honor the hard work and commitment of the 42 delegates to that 
Constitutional Convention. In retrospect, the accomplishment of those 
delegates continues to grow and sets a bar for legislative 
effectiveness for nations all over the world to try to equal.
  When I go out and talk to school groups about serving in Congress, I 
always use the Constitution as my point of reference, and I try to 
point out to them what a radical idea this entire country is and was. 
At the time that we sought our independence from Great Britain, no 
people in the world had ever sought to set themselves up in the way our 
government did. The Constitution is the basis of all that has helped 
make us and keep us great.
  The Constitution signed that day contained only 4,400 words. It is 
the oldest and shortest written Constitution of any major government in 
the world. Yet in those few words, the framers laid out a plan for 
self-government which has insured American liberty, adapted to 
technological and cultural changes, and expanded civil liberty in this 
Nation over the past two centuries.
  I also point out to those school children that in my opinion the most 
important words written, outside the Bible, are the words ``We the 
People'' which begin the preamble to the Constitution, because, again, 
that was a radical notion in those days.
  The delegates who gathered in Philadelphia faced a daunting task. The 
Nation had already experienced failure in the form of the Articles of 
Confederation which did little to unify the States into a coherent 
national unit.
  So the question was certainly an open one: Could these delegates, who 
came from every corner of the Nation and every walk of life, find a new 
way to create a functioning, unified nation while still respecting the 
rights and needs of each individual region and State?
  They succeeded beyond their wildest expectations. The form of 
government developed by these delegates wasn't perfect, but the 
foundation they laid sustained us through wars and times of internal 
tumult.
  The question for all Americans today is, what can we learn from the 
accomplishment of the framers of our Constitution?
  Certainly they taught us there's no shame in contending forcefully 
for your convictions. But they also taught us that the discipline of 
respect for your adversary and the virtue of understanding how and when 
to strike the best compromise possible are the foundations of civil 
discourse. These are lessons every American would do well to remember.
  Mr. Speaker, I reserve the balance of my time.
  Ms. McCOLLUM of Minnesota. Mr. Speaker, at this time I would like the 
gentleman from New Jersey (Mr. Pascrell), who brought this forward for 
us to debate today, to have 5 minutes of time.
  Mr. PASCRELL. Mr. Speaker, this is a very important piece of 
legislation because we not only recognize the Constitution of the 
United States, but we do what President Clinton said just a few weeks 
ago in Denver, and that is, that we will be known by the power of our 
example, rather than the example of our power. This is what makes 
America the greatest country in the world.
  Mr. Speaker, I rise today to celebrate both the signing of the 
Constitution and the fundamental principles of the document that each 
of us pledge to uphold and defend when we take our oath of office.
  And I am proud to wear this every day by my heart, as with our great 
patriarch in the Senate, Senator Byrd.
  Alexander Hamilton once said, ``The sacred rights of mankind are not 
to be rummaged for among old parchments or musty records. They are 
written, as with a sunbeam, in the whole volume of human nature, by the 
hand of the divinity itself; and can never be erased or obscured by 
mortal power.''
  The Constitution upholds our rights. We are given these rights by our 
Maker. That's what makes us all equal at birth, regardless of our 
religious background, our ethnicity or anything.
  Hamilton understood that the rights our founders enshrined in the 
construction come not from men but from God. That's what makes us all 
equal, not the Constitution.
  Today, 221 years after its signing, public school students across the 
country will be studying the history of the Constitution. They will 
learn about James Madison, the father of the Constitution and his 
vision for the Federal Government. They will learn about the separation 
of powers into a legislative branch, and executive and judiciary 
branches, and they will learn about the checks and balances designed to 
keep one of those departments, one of those areas, those branches from 
growing too powerful.
  Hear me, Mr. Speaker. These are the enduring principles that have 
stood the test of time. They've become the inspiration and the basis 
for the governments of countless countries around the globe.
  Mr. Speaker, I would be remiss if, on this day when we celebrate this 
Constitution, I did not discuss the willful disregard for the 
fundamental principles of our Republic that we have seen over the last 
8 years.
  Today we have an executive that has disregarded the checks and 
balances enshrined in the Constitution that have sustained our 
government for the past two centuries. They have shown complete 
contempt for article I, section 8, which defines the powers of the 
Congress in their management of the war and of our economy. I am sad to 
say that we all have allowed this power to be ceded, both sides of the 
aisle. Neither party has been a sentinel of our precious Constitution.

                              {time}  1515

  We have seen nothing but obstruction in our attempts to perform 
meaningful oversight of our Federal Government.
  The administration's secrecy and unwillingness to cooperate with the 
Congress' constitutionally mandated oversight powers have reached the 
point of

[[Page H8334]]

ridiculousness. We have actually had to sue the Federal Government--
hear this--the Congress had to sue the Federal Government because they 
refused to comply with duly authorized subpoenas. This is not a respect 
of the Constitution. This is a disregard.
  The fourth amendment bans ``cruel and unusual punishment'' and the 
fourteenth guarantees ``due process under the law.'' Sadly, America is 
now seen as a country that will hold detainees indefinitely and torture 
them without bringing charges.
  The Constitution prohibits ``unreasonable searches and seizures,'' 
yet we do know that this administration established a program to 
secretly wiretap on Americans who did no harm to their country, who 
love their country.
  Today, the Congress honors the Constitution. Over the past 8 years, 
it seems like the Executive has forgotten even its existence. This is 
not hyperbole. This is documented. The redactive administration has 
corrupted the ideals of our forefathers. They fondled fear to cover up 
their addiction to secrecy and will be held accountable soon.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Ms. McCOLLUM of Minnesota. I yield the gentleman an additional 1 
minute.
  Mr. PASCRELL. The Constitution belongs to neither political party, 
neither party, nor is it a document to be possessed solely by the 
President's attorneys. The most egregious apologists of the 
constitutional interpretation are those down at the other end of 
Pennsylvania Avenue who thought it was the throne they were defending.
  The Constitution truly completed our separation from Great Britain, 
thank God. We are no longer their possession, nor are we the possession 
of the executive branch of government. We will be known by the power of 
our example, and not the example of our power.
  I thank the gentlewoman for yielding.
  Ms. FOXX. Mr. Speaker, I yield as much time as he may consume to my 
distinguished colleague from the State of New Jersey and the author of 
this resolution, Mr. Garrett.
  Mr. GARRETT of New Jersey. I thank the gentlelady for her shepherding 
this through. She should get a gold star for all of her work on the 
floor today. I also thank the Chair and the ranking members for helping 
facilitate this bill going through committee and now coming to the 
floor today.
  As was already indicated, today, September 17, marks a very important 
anniversary, the signing of our Constitution 221 years ago. Our 
Founding Fathers in this country came together in an attempt to form 
something, form a more perfect union, to establish justice and secure 
the blessings of liberty to ourselves and to our posterity.
  I'm honored to be the sponsor of this resolution, which recognizes 
those 39 extremely brave men who gave all they had in signing our 
Nation's founding document. Too often, we forget not only the names of 
these men but the challenges that they faced and what they put at risk 
when they came together to do this.
  For example, our Founding Fathers originally met in Philadelphia to 
rework the Articles of Confederation. That was the document, you see, 
which had governed the country after the time of the War of 
Independence, and really, no one was expecting them to draft an 
entirely new system of government. And yet, that's what they did, and 
none of them were certain at that time that this new document would be 
ratified at all, and I doubt they even recognized the ingenuity of 
their final product.
  Yet today, here we are over 200 years later. I think we really take 
our system for granted and I hope this resolution in some small way 
will help remind us that the Constitution is a profound document. Our 
prosperity today and over the 200-some-odd years is built upon the 
stability of the Constitution. And our posterity to the future has to 
thank the liberties and freedoms that are set forth and guaranteed in 
this document.
  We see other nations around the world have followed in our footsteps 
by promoting the principles found in our U.S. Constitution, and 
although it's already been pointed out the U.S. Constitution is a 
relatively short document, the Founders really get too little credit 
for their clear and clever direction in it. They intended to set up a 
Republic of essentially sovereign, self-governing States, with a very 
small and central but limited government, operating under clearly 
defined, and as they say, limited powers.
  It was James Madison who wrote in the Federalist Papers at No. 45 
that: ``The powers delegated by the proposed Constitution to the 
Federal Government are few and defined. Those which are to remain in 
the State governments are numerous and indefinite.''
  Every time any Member of Congress comes to the floor and they take 
out their card, about to vote on a particular piece of legislation, 
they should do what we're doing right now, and that is to reflect upon 
the U.S. Constitution. And they should be asking themselves is what 
they're about to vote on constitutional.
  The gentleman from New Jersey--I'm pleased to see him on the floor 
with me tonight--raised some of those very same questions. And in light 
of his comments, I guess we should all have raised those questions last 
night, as well, as we dealt with the energy package in legislation that 
came through this House, because, as I indicated a moment before and 
as, actually, the gentleman from New Jersey already indicated, we were 
breaking away from Britain at that time to provide the liberties and 
the freedoms here for the respective States in this country through the 
War of Independence and then established here in the Constitution. So, 
too, did our Founding Fathers intend those rights would, as they 
indicated with Federalist No. 45, remain with those States.
  What we did last night was abrogated those rights, took away those 
rights from them, from the respective States, to a very basic source of 
income and power to those States, to direct what should become of their 
futures with regard to an important issue such as energy. Legislation 
that we did last night put on severe restrictions as to the 50 States, 
at least our coastal States, as to what they can do and what 
remuneration they might see if they did take particular action with the 
developing resources, in this case, energy resources, within their 
States.
  And so although a lot of the discussion yesterday was on the 
political ramifications and some of the discussion was on the 
environmental ramifications, I'm not sure that there was any discussion 
on the constitutional implications of what was done yesterday and 
whether we, as Members of Congress, as we took our card and put it in 
there voting ``yes'' or ``no,'' were considering whether we had the 
constitutional authority actually to take those rights away from the 
people that we represent back at home in our respective States, whether 
we had the constitutional authority to say to those States, no, we're 
prescribing, no, we're placing limits on your ability to have freedom 
and prosperity for this generation and future generations, as well, by 
the limits Congress is placing on them.
  As the founder and chairman of the Constitution Caucus, I urge my 
fellow Members here in Congress today going forward then to renew our 
dedication to faithfully fulfilling our responsibility to the U.S. 
Constitution. Likewise, I encourage all Americans to take the time 
today and throughout the rest of the year to reflect upon this 
important doctrine, to reflect upon the U.S. Constitution, to ensure 
that freedoms set forth in it, the rights that are set forth in it, are 
preserved today and for our posterity.
  Ms. McCOLLUM of Minnesota. Mr. Speaker, I reserve the balance of my 
time.
  Ms. FOXX. Mr. Speaker, I very much appreciate the comments by both of 
our colleagues from New Jersey, and I am very grateful for the 
leadership that Congressman Garrett has given to us in the Constitution 
Caucus.
  I want to say that, as I've said before, I often speak to school 
groups, and when I do, I always make sure that I use the Constitution 
as my beginning point. And one of the things that I talk about is the 
fact that the article I, which enumerates the power of the Congress, is 
not an accident. The Framers of the Constitution, the Founders of this 
country, wanted the majority of the power to remain within the elected 
bodies, and particularly in the House of Representatives, which is

[[Page H8335]]

elected every 2 years, and we're known as the people's House.
  I want to say that I agree with my colleague from New Jersey (Mr. 
Garrett) that one of the major problems that exists in this Congress 
now is the fact that we seem to have ignored amendment 10 of the 
Constitution, which says, ``The 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.''
  I think that one of the reasons some of our colleagues believe that 
we've abrogated our responsibilities of oversight to the executive 
branch, which the Framers never expected to be very powerful, is that 
we have become engaged in way too many things in this Congress and we 
can't stick to our knitting. We don't look after the things that we 
should be looking after because we're doing the things that the States 
should be doing and that the people should be doing, and if we would 
adhere to the Constitution, we could do a much better job of what we 
came here to do or at least what many of us came here to do.
  So I would say that the problem is within the Congress itself because 
we don't leave enough time to do the things that we should be doing and 
that are given to us by the Constitution, and we get involved in doing 
things that the States should be doing and the people themselves should 
be doing.
  And certainly, the bill last night that was passed on this floor is 
an excellent example of that, and I thank my colleague for bringing it 
up as an excellent example.
  I reserve the balance of our time.
  Ms. McCOLLUM of Minnesota. Mr. Speaker, I continue to reserve the 
balance of my time.
  Ms. FOXX. Mr. Speaker, I do want to talk a little bit more about this 
issue of the Constitution and the problem that we're having again right 
now with our not adhering to our responsibilities in this Congress.
  Article I, again, is what gives power to the Congress. There's 
nowhere in the Constitution where the President has the power to do 
what we should be doing right now, which is opening up the supply of 
oil and gas for the people of this country.
  We have that power. Day after day, night after night, members of the 
other party come to the floor and blame our sitting President for every 
ill in this country. Unfortunately, we simply cannot pass off our 
responsibilities for the things we should be doing and blame them all 
on the sitting President. My guess is he's going to be blamed over and 
over and over for probably a long period of time for those things.
  But the American people are smarter than that. They know that the 
Congress itself has the responsibility for doing many of the things 
that we do not do, and again, the bill yesterday is an example of that.
  We had a great opportunity to pass a bill yesterday that would have 
created more American energy, but my colleagues on the other side don't 
seem to be in favor of more American energy. They seem to be anti-
American energy, just as many other things that they support seem to be 
anti-American power and anti-American control.
  We can completely eliminate our dependence on foreign sources of oil, 
and we should be doing that, but we aren't doing that. I urge the 
American people to pay attention to who is in charge of the Congress 
right now and say to your Members on the other side, we want you to 
bring real bills, not sham bills, not illusory bills, but real bills to 
the floor to be voted on.

                              {time}  1530

  I reserve the balance of my time.


                         Parliamentary Inquiry

  Ms. McCOLLUM of Minnesota. Mr. Speaker, I would like to ask if you 
heard that the gentlewoman said that the Democrats on this side of the 
aisle were anti-American.
  The SPEAKER pro tempore. Is the gentlewoman from Minnesota stating a 
parliamentary inquiry?
  Ms. McCOLLUM of Minnesota. Yes.
  The SPEAKER pro tempore. The gentlewoman will state her parliamentary 
inquiry.
  Ms. McCOLLUM of Minnesota. The last speaker just referred to the 
Democrats, including myself, as anti-American. Is that a custom and 
usage of this House to refer to one another in such a manner?
  The SPEAKER pro tempore. The Chair doesn't give advisory opinions, 
but the Chair would ask that all Members address their remarks to the 
Chair and maintain proper decorum.
  Ms. McCOLLUM of Minnesota. Thank you, Mr. Speaker.
  With that, I reserve the balance of my time.
  Ms. FOXX. Mr. Speaker, I thought I had been addressing my comments to 
the Speaker.
  I want to say, again, that I thank the gentlemen from New Jersey for 
bringing this resolution, H. Res. 1356, to the Congress today to vote 
on. I urge my colleagues to vote ``yes.''
  I yield back the balance of my time.
  Ms. McCOLLUM of Minnesota. Mr. Speaker, I want to thank both of the 
gentlemen from New Jersey for discussing the Constitution today.
  Today, we, as Members of Congress, have seen the streets around the 
Capitol and the Halls of Congress filled with young school students, 
the very future of our country. They're here to learn about our 
Government and to better understand our Constitution. So let us, we, 
who have the honor to represent the people, join together in unison for 
support for House Resolution 1356.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in strong support of 
H.R. 1356, Celebrating the 221st anniversary of the signing of the 
Constitution of the United States of America and honoring the efforts 
of the 42 delegates who attended the majority of the Constitutional 
Convention meetings and the 39 signers, introduced by my distinguished 
colleague Representative Garrett. This legislation acknowledges the 
significance of the ideals established by the Constitution, including 
the principle of a limited Federal Government with a system of checks 
and balances, and recognizes the Constitution as the source responsible 
for our Nation's ability to withstand calamity and preserve stability.


                                 QUOTE

  ``Don't interfere with anything in the Constitution. That must be 
maintained, for it is the only safeguard of our liberties.''--Abraham 
Lincoln.


                               Background

  The members of the Constitutional Convention signed the United States 
Constitution on September 17, 1787, in Philadelphia, Pennsylvania. The 
Constitutional Convention convened in response to dissatisfaction with 
the Articles of Confederation and the need for a strong centralized 
government. After 4 months of secret debate and many compromises, the 
proposed Constitution was submitted to the States for approval. 
Although the vote was close in some States, the Constitution was 
eventually ratified and the new Federal Government came into existence 
in 1789. The Constitution established the U.S. Government as it exists 
today.
  The Constitution represents the founding of our Government as we know 
it today. For 221 years, the United States has fought to maintain a 
democracy that equally represents everyone that resides within the 
boundaries of our Nation. Without this sacred document, the rules that 
govern our Nation would be obsolete. The concrete separation that 
ensures the stability of our Government and thus, our Nation is due to 
the Constitutional Convention that we recognize today.


                                 TEXAS

  Texas became a member of this great Nation in 1845. Since that 
moment, Texas has been proud to be a member of such a great nation like 
the United States, and as a Representative for the 18th District of 
Texas I am proud to represent my constituents within the legislative 
branch of this Government. It takes the help of every branch of 
governments at a number of different levels to accomplish all the 
things our government is capable of, and today, I am proud to be a 
Representative of Texas and the United States. It is a privilege to 
represent the people of my State and my district in Washington, DC.


                               CONCLUSION

  I believe we must pass this resolution to demonstrate how proud we 
are to celebrate the success of our Founding Fathers and to acknowledge 
those who put our system of government on paper allowing the United 
States to become such a renowned nation. This resolution encourages us 
to remember those intelligent men who put their hearts and souls into 
developing a system to give equality and representation to all people, 
and as we stand together now, after 221 years, we must recognize their 
important part in developing the Constitution that governs our great 
Nation today.
  Ms. McCOLLUM of Minnesota. Mr. Speaker, I yield back the balance of 
my time.

[[Page H8336]]

  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Minnesota (Ms. McCollum) that the House suspend the 
rules and agree to the resolution, H. Res. 1356.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. FOXX. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________