[Congressional Record Volume 163, Number 158 (Tuesday, October 3, 2017)]
[House]
[Page H7678]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            POLITICAL COURTS

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Tennessee (Mr. Duncan) for 5 minutes.
  Mr. DUNCAN of Tennessee. Madam Speaker, the new term of the U.S. 
Supreme Court begins this week. I was a judge for 7\1/2\ years before I 
came to Congress, so I have great interest in their proceedings. It 
seems to me that our courts have become far too political over the last 
many years.
  Up until the mid-1930s, most Federal courts seemed to try to stay out 
of politics and paid great deference to actions by Federal and State 
legislative bodies as being expressions of the will of the people.
  For many years now, though, some Federal judges believe they should 
have been elected to Congress or to State legislatures. One of many 
examples involves the drawing of congressional, legislative, and local 
government voting districts. The word ``gerrymandering'' came into use 
in 1812, but it really has only been in very recent years that the 
Federal courts have become heavily involved in drawing specific lines 
in so many States.
  If the court has a liberal judge, he or she will seemingly go to 
great lengths to throw out any lines that seem to benefit 
conservatives.
  I was at the U.S. Supreme Court recently to introduce some lawyers 
from Knoxville. That day, the Court was hearing a challenge to some 
lines drawn by the Virginia Legislature. This is something that the 
Federal courts should really stay out of and leave to the State 
legislatures.
  Also, opinions now are much longer than in the first 150 years or so, 
as some judges seem to believe they know almost everything.
  Madam Speaker, what we really need is more judges at all levels who 
have a little more humility.
  Many of the issues that the courts are dealing with involve freedom 
of religion. Our Founding Fathers came here to this country to get 
freedom of religion, not freedom from religion.
  I think it was very sad that a very intolerant group from Wisconsin 
went to great lengths to get a Bible verse removed from the Knoxville 
Police Department. It seems that people who proclaim their tolerance 
the loudest are some of the most intolerant people in this country 
today, and aimed primarily at conservative Christians.
  In Zorach v. Clauson, a 1952 U.S. Supreme Court case, Justice William 
O. Douglas wrote that the law should not prefer ``those who believe in 
no religion over those who do believe,'' and that there is ``no 
constitutional requirement which makes it necessary for government to 
be hostile to religion and to throw its weight against efforts to widen 
the effective scope of religious influence.''

  Justice Douglas was one of the most liberal Justices who ever served 
on the U.S. Supreme Court.
  It surprises many when I tell them that we open every session of the 
House and Senate with prayer, that there is a prayer room in the center 
of the Capitol, and several Bible studies go on in the Capitol each 
week.
  Madam Speaker, on an unrelated topic, because we are dealing with the 
budget proposals this week, I think it is ironic that the only 
President in the last 70 or 80 years who has tried to rein in defense 
spending is the only one who spent his career in the military: 
President Eisenhower.
  I spoke out in every way and voted against most of the major 
initiatives of the Obama administration, but it was false to say that 
the military has been depleted.
  We spend well over $700 billion on defense and military construction 
each year. Last year, we spent $177.5 billion on new planes, tanks, 
weapons, and equipment, and similar amounts to that for many years. 
Most of this equipment does not wear out after just 1 year.
  In the book ``Ike's Bluff,'' when Eisenhower was told he could not 
cut defense spending, he replied that if he told every general who 
reduced his budget that he would get another star, you would have to 
get out of the way of the rush.
  He also said: ``Heaven help us if we ever have a President who 
doesn't know as much about the military as I do.''
  Over 80 percent of those in Congress today have never served in our 
Armed Forces. I am proud to have been one who was privileged to serve.
  Most of the Members of Congress today are afraid to oppose or even 
question wasteful defense spending for fear of some demagogue calling 
them unpatriotic or saying they are not supporting the troops. But, 
Madam Speaker, we need to wake up and realize that there is waste even 
in the Defense Department.

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