[Congressional Record Volume 162, Number 91 (Thursday, June 9, 2016)]
[House]
[Pages H3575-H3576]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THREE BRANCHES OF GOVERNMENT
The SPEAKER pro tempore. The Chair recognizes the gentlewoman from
Texas (Ms. Jackson Lee) for 5 minutes.
Ms. JACKSON LEE. Mr. Speaker, I am a Member of the United States
Congress and a very--I hate to use the term proud, but I am proud to
have been a member of the Judiciary Committee for the number of years
that I have served in this august place.
As I serve, I am well aware of the importance of the Constitution and
the very sacred responsibility that we have in protecting it. So I
thought that, as a lawyer who has practiced and one who has served as
an associate municipal court judge in my hometown of Houston, Texas, it
would be important to remind Members of the established three branches
of government and the responsibilities that each hold, but focus in
particular on the executive--the President of the United States.
In Article II, the Constitution, says: ``The executive Power shall be
vested in a President of the United States of America.'' It uses the
term that ``he should hold,'' and, in particular, it acknowledges that
he or she should take care that the laws be faithfully executed.
Article III establishes our judicial power. In particular, with
respect to Federal courts: ``all Cases, in Law and Equity, arising
under this Constitution, the Laws of the United States, and Treaties
made, under their Authority.''
All of these cases have jurisdiction under our Federal court system.
So, the Federal courts and jurists are of keen importance.
One would wonder how we establish the need for the rule of law and
separation of powers. It came first from 1215, King John's Magna Carta,
which indicated that no one should be imprisoned, dispossessed,
outlawed, exiled, or in any way destroyed, except by lawful judgment of
his peers and the law of the land.
I know that when I sat as a member of the bench, I would look at
petitioners and I would hope that even though my history was that of a
former slave, being an African American--when I say a former slave,
descendants of such; the history of African Americans is such--and I
would hope that my background would not have countered the fairness
that I would have rendered to anyone who came before me.
Judicial independence is something that we hold dear. The Founders
understood that judges who are able to apply the law freely and fairly
are essential to the rule of law.
The Constitution guarantees our rights on paper, but this would mean
nothing without independent courts to protect them. That means our
judges in the Federal system should not be intimidated or influenced or
protected
[[Page H3576]]
from the influence of the other branches, as well as shifting popular
opinion.
This insulation is referred to as judicial independence. It allows
our Federal judges to make decisions based on what is right under the
law, without facing politics, such as not getting reelected; or,
personal, such as getting fired or having their salary lowered.
As a member of the Judiciary Committee, I have often joined with the
late Henry Hyde, then the chairman, who wanted to raise the salaries of
our Federal judges.
So I think it is imperative to come before this body, my colleagues,
to raise great angst when someone's ethnicity is called out as a reason
that they cannot be fair.
I am appalled that we have come to this in 2016, where, if I were to
symbolically ascend to a Federal bench, or maybe the colleagues who
many of us and the Senate have supported and the President has
nominated--the diverse bench that represents Asians, Hispanics, African
Americans, and women and men, Anglos, Caucasians--anyone would raise a
question.
I have been before a court and not welcomed the decision. There have
been many reasons why I was not pleased with that decision. But I could
not raise the question of race.
And so I think it is worth condemning that we would have this kind of
public discourse where the race of a Federal judge is raised. Remember
what I said: judicial independence warrants that we, in fact, cannot
intimidate the bench and not, in fact, deny the freedom of the court to
decide cases based on facts and the law, not based on public opinion,
the views of special interests groups, or even a judge's own personal
belief.
The right of every citizen to a fair trial is a cornerstone of our
democracy. Why should anyone be diminished, and why should the
petitioner independently attempt to intimidate based on race? It is
appalling. It is absurd.
So I ask all of my colleagues, as protectors of the Constitution and
people who are here making laws, to independently go out to the
highways and byways of life and condemn those words. Need I say who it
is? Condemn those words and condemn this kind of discourse.
I would offer to say that anyone who has said those words and who
pretends to put themselves forward to uphold this Constitution is
disqualified and unfit.
I would hope that we will have an independent executive under the
Constitution, an independent legislative branch, and, of course, an
independent judiciary--one of which I respect with the highest of
authority.
I will close by simply saying I have won cases; I have saved a
hospital. I have lost cases. I have been affected by cases in my
redistricting and denied the rights of the Voting Rights Act. But I
will never undermine and diminish the Constitution for right cases and
wrong cases, ever.
I ask my colleagues to condemn those actions.
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