[Congressional Record Volume 156, Number 45 (Tuesday, March 23, 2010)]
[House]
[Pages H2242-H2243]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              POWER GRAB AND USURPATION OF STATES' RIGHTS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Texas (Mr. Gohmert) is recognized for 5 minutes.
  Mr. GOHMERT. Madam Speaker, I continue to sound the battle cry on 
this, because since 1913, the States have had no way to prevent 
usurpation of States' rights; they have had no way to do anything about 
unfunded mandates that were crammed down their throats.
  The Constitution itself provided for that in that it said the State 
legislatures would select the U.S. Senators. As long as that was the 
case, every U.S. Senator knew if they created an unfunded mandate, if 
they took away States' rights or did anything to harm the States' power 
that was granted to them under the United States Constitution, they 
would yank that Senator back, and he would never come back to the U.S. 
Senate and would probably never get elected to the House of 
Representatives. But that was the check and balance that the brilliance 
of the Constitution provided.
  Since 1913, when that was repealed through the 17th Amendment, there 
has not been any check or balance on our power grab and usurpation of 
States' rights. It's time to do something about it, and we saw that by 
the unfunded mandate requiring billions of dollars that could bankrupt 
our States being shoved down their throats by a bill that was signed 
into law today.

[[Page H2243]]

  The way that can be handled is under article V. It's the part of 
article V that has never been used before, and that is the part that 
says that if two-thirds of the States--that's 34--make an application 
to the Congress for a convention to make amendments to the 
Constitution, it has to be provided, and then you have a convention and 
you create an amendment, one or two, whatever is necessary, to finally 
put back in place, after 97 years, a check and balance on this body 
usurping powers granted to the States and reserved to the people.
  It's high time that's done. It doesn't need the President's 
authorization, so there's no need for an override of a veto if he 
doesn't let it happen. We will probably need people who would be open 
to that idea in charge here in this House, but it needs to happen so 
that we don't keep this train running so fast down the track the wrong 
way that it derails and takes the Nation with it.
  We cannot continue this kind of unfunded mandate. It's time for an 
amendment to the Constitution to put a check back on our unbridled 
usurpation of States' rights, and I look forward to that happening. 
We've got 39 States that want to do something about this unholy bill 
that was passed. Well, this is what they can do, and we can change 
things and get back on track.

                          ____________________