[Congressional Record Volume 156, Number 10 (Tuesday, January 26, 2010)]
[Senate]
[Pages S260-S261]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. Res. 398 submitted earlier
today.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The legislative clerk read as follows:
A resolution (S. Res. 398) to authorize representation by
the Senate Legal Counsel in the case of Schonberg, et al. v.
Sanders, et al.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. REID. Mr. President, this resolution concerns a civil action
filed by two individuals against five Senators, two Representatives,
and the Federal Election Commission. Plaintiffs' challenge rests on
their claim to a right that Congress pass health care legislation that
would benefit them. Plaintiffs' legal claim is that the Federal
Election Campaign Act's designation of Members of Congress as agents of
their
[[Page S261]]
campaign committees violates the Constitution's prohibition on Members
of Congress holding any other office under the United States while
serving in the Congress.
Plaintiffs' complaint over the legislative actions of Senators is not
cognizable before the courts. In addition, Senators' involvement with
their campaign committees does not constitute holding an office of the
United States and does not violate the Constitution.
This resolution authorizes the Senate Legal Counsel to represent the
Senators named as defendants in this case and to move for its
dismissal.
Mr. DURBIN. Mr. President, I ask unanimous consent that the
resolution be agreed to, the preamble be agreed to, the motions to
reconsider be laid upon the table, with no intervening action or
debate, and any statements relating to the resolution be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 398) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 398
Whereas, in the case of Schonberg, et al. v. Sanders, et
al., Case No. 5:09-CV-534, pending in the United States
District Court for the Middle District of Florida, plaintiffs
have named as defendants five Senators; and
Whereas, pursuant to sections 703(a) and 704(a)(1) of the
Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a)
and 288c(a)(1), the Senate may direct its counsel to defend
Members of the Senate in civil actions relating to their
official responsibilities: Now therefore, be it
Resolved, That the Senate Legal Counsel is authorized to
represent Senators Lieberman, Lincoln, McConnell, McCain, and
Sanders in the case of Schonberg, et al. v. Sanders, et al.
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