[Congressional Record Volume 166, Number 44 (Thursday, March 5, 2020)]
[House]
[Pages H1530-H1533]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
A THREAT TO TWO OF OUR SUPREME COURT JUSTICES
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 3, 2019, the Chair recognizes the gentleman from Iowa (Mr.
King) for 30 minutes.
Mr. KING of Iowa. Mr. Speaker, I appreciate the privilege to be
recognized to address you here on the floor of the House of
Representatives.
Having listened to the gentleman ahead of me, Mr. Louie Gohmert and
some of the discussion that he had, I would pick up with the beginning
here, Mr. Speaker, with one of the places where he left off, and that
is what happened before the United States Supreme Court yesterday and
the statements that were made by the minority leader of the United
States Senate.
I may have a bit of a different perspective than some in this House
or Senate or across this land, but here is the language that was deemed
offensive from Senator Schumer. I watched the video, and he was
pointing. He pointed at the United States Supreme Court, and he used
the names of two Supreme Court Justices. He said this: ``I want to tell
you, Gorsuch, I want to tell you, Kavanaugh, you have released the
whirlwind, and you will pay the price. You won't know what hit you if
you go forward with these awful decisions.''
{time} 1330
That was stunning. It was stunning to hear two Justices called out in
that fashion before the Supreme Court. And I know that there was a
crowd over there that was happy to hear those words. But as a
constitutionalist and former chairman of the Constitution Subcommittee
in the House of Representatives, I am troubled by the effort to try to
sway judges through what appears to be verbal intimidation before the
Supreme Court.
I have stood on those same steps and delivered any number of
speeches, but I always confine them to the constitutional principles
that were involved. I wanted the Justices to hear my speech. I didn't
want them to ever hear it as a threat. I wanted them to hear it as a
rational approach in a way as if I were actually arguing before that
Supreme Court, before that Bench.
They are all well-learned and very, very capable people who are
deeply steeped in our Constitution and in case law. They have their
different philosophies, and that is clear. We often see a 5-4 decision
on the Court.
Mr. Speaker, I thought when I first arrived in this town a number of
years ago, I looked forward to going over to the Supreme Court to hear
what I expected to be the profound constitutional arguments before that
Bench. So I began going over there for some of the important cases,
with that expectation. I recall sitting there, listening to an argument
before the Court, and I understood--actually, this would be the Kelo
decision before the Supreme Court. The Kelo decision is the decision
that I believe amended the Constitution by the Supreme Court decision.
It was this. Let's see, New London, Connecticut. There was property
there that was owned and utilized by owners who didn't want to sell
that property to the developers. The local government wanted that
property in the hands of the developers because they would develop that
property into, I believe, a shopping mall, and then the taxes would be
the revenue going into local governments. So local governments had an
incentive in encouraging the development of the property, but the
property owners sat there with a constitutional guarantee in the Fifth
Amendment of the Constitution that says: ``nor shall private property
be taken for public use, without just compensation.''
That was the guarantee that, first of all, only governments could
confiscate property. They needed to maintain that within their own
possession, and it has to be for a public use. It can't be for a
private use. It was a private business that they handed that property
over to in New London, Connecticut.
Mr. Speaker, when I listened to the argument, I expected the argument
would go back to the very language of the Fifth Amendment, and that
would be argued, perhaps, certainly, on both sides. And I come down on
the side of: The Constitution means what it says, and it means what it
was understood to mean at the time of ratification by the people who
voted to ratify it.
We can't go back and assign different definitions to words or simply
say that it is a living, breathing Constitution that can adapt itself
to changing times. If that were the case, there wouldn't be a provision
to amend this Constitution provided by our Founding Fathers. The
Constitution is an intergenerational, contractual guarantee between one
generation of Americans to the next generation of Americans.
So, I hoped to hear those--in fact, expected to hear--those arguments
before the United States Supreme Court. What I heard instead were
arguments that were made to Justice O'Connor, and I think they
considered her to be the swing vote. And she came down on, I believe,
the constitutional side of it in the end. But there were just little
tweaks that had to do with her background.
She was raised on a ranch. I think it is a B&B ranch down in southern
Arizona, and I think it goes across into New Mexico, as I recall. I
read her books years ago. And some of the ranch land that she grew up
on was part of the Gadsden Purchase that came in right at the end of
the U.S. and Mexican war.
But growing up on a ranch, property values matter, and property
rights matter, and water rights matter in that part of the country. And
her book is replete with those kinds of narratives. It is a really
interesting way to get some insight into Justice O'Connor. But she
understood this case in a way I didn't know until later.
But I came down here to the floor, and we brought a resolution in the
House of Representatives, a resolution of disapproval to what was
called the Kelo decision. In that Kelo decision, it upheld the decision
of local government in New London, Connecticut, to confiscate private
property, houses and residences that had a deed, and to take that land
and compensate them for what they deemed the value was--condemnation--
and hand them over to the private investors so they can take that
[[Page H1531]]
land, develop it, and make money with it. That is completely contrary
to the reason that we have that guarantee within our Fifth Amendment.
As I listened to those oral arguments and saw how they were focused
on Justice O'Connor, I understood what was going on. And that is, they
weren't profound constitutional arguments; they were personalized
arguments that were designed to get to the psyche of the swing Justice
who was there. Of course, it wasn't Justice O'Connor, as it turned out.
By the way, I have been critical of some of her decisions--not on
this one.
Mr. Speaker, I want to put this narrative in the Record because I
think she is worthy of some significantly positive comments. And one of
the decisions that she had made--a different one, obviously, I was
railing away on my disagreement with the rationale that Justice
O'Connor had come down with. And so someone in the room said: You
shouldn't criticize her until you walk a mile in her shoes.
And I said: I would be happy to walk a mile in her shoes. I will walk
a thousand miles in her shoes. Appoint me to the Supreme Court, and I
will walk with her. And I bet you I can convince her.
I made some remark like that. And then, as I was talking, I said: You
know what? If I can't do that, why don't I just invite her to dinner?
So I followed through. I gave my word I would do that, and I went
back to my desk in my office and sat down and wrote a letter to Justice
O'Connor that invited her to a dinner, just to sit down, have a
conversation, get to know each other, be civil with each other, and
listen to each other's philosophical discussion.
I sent the letter over there, not expecting to get an affirmative
response. But what I did get was an invitation to come to her chambers
and do a lunch there. I don't remember the year, but I know the date
was March 18 of whatever year it was, in the earlier part of the
previous decade.
So, I went over at that time, and she had a lunch all prepared. She
had baked a pie that was, I presume, for me because it was fresh. It
was cut and served right there in her chambers. And we had a delightful
discussion.
She took me from each of the portraits of the Chief Justices and
walked me through the history of the Courts, from the beginning all the
way up to what was current at the time.
When I left that gracious dinner with Justice O'Connor, I decided she
has a good judgment on her; she has a good set of character; she has a
compassionate heart, a deep understanding of history and law. And
disagreeing with her, that is all it is, just disagreeing with the
rationale.
But I am forever grateful that I took the trouble, and I am really
grateful that she accepted the request that I made and then invited me
over there to dinner.
So, I wanted to put that in, that our Justices are human. And when
they get threatened, those threats sometimes cut deep, and the family
feels that.
These threats that were delivered yesterday in front of the United
States Supreme Court were threats that, might I say, intimidate judges.
The judicial branch of government, the American Bar Association,
everybody involved in that feels that. And they pride themselves in
their independence.
But I better conclude the Kelo decision before I get too far from it.
In any case, the Kelo decision came down, and they allowed for the
confiscation of private property handed over to other private interests
in order to generate tax revenue for local government.
That case still stands. But I was furious that they would do such
damage to the Constitution in a 5-4 decision. By the way, Justice
Scalia has said that he believes that case will be overturned one day.
But we brought a resolution of disapproval to the floor. It is the
only time that I know we have done that and spoken out in that fashion
on a Supreme Court decision. I noticed that at that time the gentleman
from Massachusetts, Barney Frank, came down to give his speech. I was
queued up next.
Mr. Speaker, I sat right here with my notepad ready to take notes
because I expected to get up and rebut most everything that I heard Mr.
Frank say. We found ourselves in disagreement on issue after issue, so
it was my full expectation that when he was finished talking, I would
have a page full of things to stand up and rebut. That has been my
style, and we had had many debates like that.
But as I listened to Mr. Frank that day, I realized he had exactly
the same opinion that I had. He expressed it a little bit differently,
but he came down in support of the resolution of disapproval and in
support of the Constitution and in support of the property rights that
are there in the Fifth Amendment.
Mr. Speaker, when I stepped up here to this particular podium, my
speech really was to reject the decision made by the Supreme Court. And
when I spoke that in the Record, I said effectively what they have done
is they have pulled the words out of the Fifth Amendment ``for public
use.''
``Nor shall private property be taken for public use, without just
compensation,'' and the effect of it was to pull the ``for public use''
out of there. Now, the effect of the Fifth Amendment after the Kelo
decision just says ``nor shall private property be taken, without just
compensation,'' which means the government can't come in and take your
property away from you, unless they write you a check, but they can
give it to anybody they want to in the private sector.
Whatever their motive might be, it was approved by the Supreme Court
with the Kelo decision. And I think that will be abused at some point
and a more reasonable Court may be seated at that time and restore the
Constitution on the Kelo decision.
But my real point here is that we can't be seeking to intimidate the
Court. They are human. Justice O'Connor--a gracious heart and a nice
lady. And we used to have receptions over there with the Committee on
the Judiciary and members of the bench just to take some of the
temperature down between the natural disagreements that exist between
the legislative branch and the judicial branch of government.
Mr. Speaker, when you have the minority leader, the most powerful,
highest ranking Democrat in the United States Senate, go stand before
the Supreme Court, point his finger at that building that was behind
him and say, ``I want to tell you, Gorsuch; I want to tell you,
Kavanaugh: You have released the whirlwind, and you will pay the price.
You won't know what hit you if you go forward with these awful
decisions.''
Going forward with an awful decision means Chuck Schumer has already
decided what he thinks the Court decision is going to be on the
requirements that are part of the, I will say, the abortion laws that
are coming out of Louisiana. And I have been one of the lead voices on
pro-life issues here in this United States House of Representatives.
There is on my lapel a heart that represents the heartbeat bill. It
is a bill that I introduced in the previous Congress, and that bill
protects unborn babies. It essentially says this: If a heartbeat can be
detected, the baby is protected.
And we know that the heartbeat is the first, certain sign of life.
When that heart starts to beat, you know that there is a live baby
there. You can't call it anything else. It is a live baby.
And this little baby has all the components of a growing human being.
It just needs to develop them out to full size and to full term.
And anybody who has picked up and held--especially a loved one--a
newborn baby and gazed with awe at the miracle in their hands has to
know that that baby's life didn't begin at the moment of birth or at
the moment of first breath and that that baby's life began well before
a minute before the baby was born.
Mr. Speaker, I know when I held my firstborn son, I looked at him in
awe. There was an aura about him. The miracle was in my hands. And I
thought: How can anybody take his life now? He is a few minutes old.
How can anybody take his life now? How could they take his life a
minute before he was born, or an hour before, or a day, or a week, or a
month before he was born? Or a trimester or three trimesters before he
was born? At what moment did his life begin? Because human life is
sacred in all its forms.
{time} 1345
And we only have to choose when did life begin. It is not that hard a
question. Because it is a continuum; it is a
[[Page H1532]]
gradual growing continuum from the moment of conception on.
But that heartbeat says this is a live baby here. And when that heart
stops, we call that death. When the heart starts, we know that is life.
Even though life began at the moment of conception, medically, we can't
pinpoint that precisely enough, but I am willing to go there if we can
get there.
Right now, we are at heartbeat. And in the last Congress, I was able
to get 174 cosponsors, and those 174 cosponsors all signed on with an
expectation that we would protect all babies. When a heartbeat could be
detected, the baby is protected.
We didn't make exceptions for rape or incest or any other provisions.
These babies are sacred. If there was a crime committed that resulted
in conception, that is on the rapist; that is not on the baby. And
those babies are as precious to God as my own grandchildren are to God;
and, of course, my grandchildren are extraordinarily precious to me.
So I hope one day we get to that and that question.
But as we move on, with this superaggressive utilization of freedom
of speech and Senator Schumer, I look back at some of this discussion.
And Chief Justice Roberts had a response, which is exceptionally rare,
to have a statement come out of the Supreme Court. But out of the Chief
Justice, he said, and I quote: ``Threatening statements of this sort,
from the highest levels of government, are not only inappropriate, they
are dangerous.'' And Justices, quote, ``will continue to do their job,
without fear or favor, from whatever quarter.''--Chief Justice John
Roberts.
I appreciate that language that the Justices will ``continue to do
their job, without fear or favor, from whatever quarter.'' That
language will live a long time in the way that that is adeptly put
together, and that is how it needs to be.
If we want to convince the Supreme Court to take a new look at
things, we need to make the constitutional arguments, Mr. Speaker, not
the threatening arguments. And where I come from, when somebody
threatens you, that means that you are done doing business with that
person, and they are very unlikely to get cooperation.
But there is another part of this that, even though there would be a
measure of justice involved if the decisions made in the Supreme Court
went against the interests of Senator Schumer, I would like to
reiterate here into this Congressional Record, and I hope it echoes
across this land, that, if you think you are going to get even with
somebody, the result in this business, whether it is in the
legislative, the executive, or the judicial branch of government, if
you think you are going to get even with somebody, you invariably hurt
the wrong people.
And so that is not an avenue that has merit, and I hope that and I
expect that that wisdom exists within all of our Justices, all nine of
them over there, that payback to Schumer can't be in the cards from any
decision that would come down from the Court, it has got to be balanced
and objective, as described by Chief Justice Roberts, and that they
``continue to do their job, without fear or favor, from whatever
quarter.''
I believe the Justices will stick to that, and I am hopeful that
Senator Schumer will learn not to utilize those tactics anymore.
This is the American Bar Association, the ABA. Their comments came
down to this. They said they are ``deeply troubled'' by Schumer's
remarks, that ``there is no place for threats--whether real or
allegorical.''
And then the ABA, American Bar Association, continued with this:
``Personal attacks on judges by any elected officials, including the
President, are simply inappropriate. Such comments challenge the . . .
independence of the judiciary and the personal safety of judicial
officers. . . . ''
Well, Mr. Speaker, I know that is true. I know that when you turn up
the dialogue and you hear this radical rhetoric coming out of elected
officials in particular, things do happen out in our society. And the
Chief Justice is concerned that there could be acts of potential
violence that could be stimulated by that kind of dialogue.
And I am hopeful that--Senator Schumer seemed to dial it down on the
floor of the Senate today. That is good. I didn't notice that he had
called upon people to refrain from violence and refrain from threats.
He did say that he is from the Bronx and they talk a little more
clearly there than other places. I don't doubt that. But this language
went to the world, and the world saw it today, Mr. Speaker.
And so I am hopeful that Senator Schumer will call upon his
supporters to calm down, be logical, make constitutional arguments, and
refrain from that kind of rhetoric.
And here are the consequences. I had some serious rhetoric applied
against me over the last 1\1/2\ years, and each of those situations
that were--a good number of them were manufactured firestorms that were
fired at me.
But also, we saw Members of this House of Representatives that went
forward and said, when people go into a restaurant, when they stop to
get gas and you see them there, if they happen to be--I am not sure
exactly how they defined it, but if they happen to be conservatives, go
confront them, make their lives miserable. That kind of discussion was
delivered from people who sit over on this side of the aisle, and it
had its physical results.
It had its physical results, at least in my case, where I sat down in
a restaurant last April, and from completely outside my peripheral
vision, I was assaulted. That individual has been convicted of
assaulting a Federal officer, or a United States Congressman. There is
a provision for that.
And, by the way, today, he goes before a Federal judge in Sioux City
for sentencing.
So I won't comment any more on that, because I don't want to be
accused of seeking to influence a decision that may or may not have
been made, but it is ironic that I am here today having this discussion
on Senator Schumer while there is an individual being sentenced for
assaulting me back in Iowa, which I believe is a clear result of this
kind of radical rhetoric that was poured out.
And it wasn't based on truth, in my case, when they attacked me. It
was planned. It was orchestrated. It was ginned up. And then you have
people out there that take that seriously.
And so that is what happened that day, and the sentencing is taking
place today. I will trust the judge to make an objective decision. I
have written my opinion in longhand and sent that to the court for
their consideration. That is where I will leave that recommendation. I
have had my chance to weigh in.
But let's take this a little further, Mr. Speaker, and that is on
this concept of freedom of speech. Now, there are those that want to
censure Senator Schumer, and it sounds like Senator Hawley is going to
introduce a censuring motion tomorrow in the Senate.
I am of the opinion that the most important freedom we have is a
robust freedom of speech and that, if we let that be diminished by
intimidation tactics, let alone by any kind of laws that would perhaps
be found unconstitutional--but watching the Kelo decision, maybe not be
found unconstitutional.
I want the body to understand this, Mr. Speaker, that freedom of
speech is a precious, precious right, and our Founding Fathers
understood that if you can't speak, if you can't speak freely, then you
can't convey your ideas at all. And then when you can't convey your
ideas, they never get tested against anybody else's ideas or
embellished or supported by other people's ideas, and that means, then,
that human knowledge would diminish, it would atrophy, and it would
essentially stop forming around us.
Our Founding Fathers envisioned a robust nation that would be
regularly and constantly engaged in discussions of public policy, like
we are in Iowa as the first-in-the-Nation caucus, like New Hampshire
is, and let's just say South Carolina is among those States, too, where
there is an intense focus on politics, free discussion.
I have spent time in Cuba and learned that they don't have that
freedom. They are afraid--even among their families sitting around the
table, they are afraid to speak to each other because there might be an
informant among them that has been hired by the, at that time, Castro
administration. So they don't speak to each other about those things.
They don't criticize. They accept what government serves up to them.
[[Page H1533]]
That is what King George wanted to happen in this country. And if our
predecessors here, the revolutionary Founding Fathers, had accepted the
edict from King George, we would have never developed this great Nation
that we are. We would be stuck back in the mud somewhere back there,
because our ideas wouldn't have been brought forward. They wouldn't
have been tested against each other, then creating other new ideas.
And, you know, we are the Nation that produces more patents, more
creativity, than any other nation in the world by far. We are so good
at this and we create so much with our intellectual freedoms that we
have that are tied into freedom of speech that the Chinese look to us
and they steal a half a trillion dollars worth of American intellectual
property every year--a half a trillion dollars. And that doesn't
include what they steal through cyber. That is called IP piracy.
I have been over to China. Years ago, I wrote a bill from Beijing
that called upon the U.S. Trade Representative to conduct a study to
determine the value of U.S. intellectual property that is stolen by the
Chinese, apply a duty on all products coming to the United States from
China in an amount equal to that loss, and then collect that and
distribute it to the rightful property rights holders. That was a bill
then. It is still a good idea today, but they have accelerated their
piracy.
Mr. Speaker, to give you an example of how this works, we know a
little bit about how freedom of speech, thought, and expression works
in the United States because we see--actually, in the past, we have
seen a more robust freedom of speech on our campuses. Today, they are
diminishing freedom of speech on the campuses. They are defining things
as hate speech and trigger words and safe places. We don't need that.
We have got to be strong enough to face language and let it flow and
then accommodate ourselves in a way that we are not influenced if it
isn't logical or rational.
The Greeks, for example, in their city-states, would banish a
demagogue for 7 years from the city-state because they didn't like what
he had to say, and that wasn't constructive.
But what is constructive is our freedom of speech, our young people
sitting in college, sitting up all night long discussing metaphysics
till the Sun comes up, new ideas: What is the limitation on what we can
do with science? with math? with space travel? All of those things that
have made America the leader in the world, they are all tied back to
freedom of speech.
If you can't speak, you can't express your thoughts. You can't just
hold your thoughts in your head and think you are going to do something
good with them. If we had taken Albert Einstein and sat him into a
phone booth and said, ``We will let you out when you write the theory
of relativity,'' first of all, it never would have been created; second
of all, nobody could have understood it. You have got to have the
interactivity of minds.
And people will say: We have the Second Amendment; therefore, we are
never going to lose our freedom of speech. I don't see anybody using
the Second Amendment to defend their freedom of speech, and I don't
recommend that they do. We have to utilize our freedom of speech and
push back when it is diminished.
So I am not calling for a sanction on Senator Schumer. I am saying
this:
Senator Schumer, you know what you said. You know whether it is right
or wrong. You have to operate in an arena over there and get reelected
by the people in your district. Let we, the people, decide. Not a
leader here in the Senate, not a leader here in the House, but let we,
the people, decide.
And, in fact, as a former chairman of the Constitution Committee, the
three branches of government, there are tensions between each of those.
Our Founding Fathers didn't envision that they would be equal. They
believed the judicial branch would be the weakest of the three. But
they knew there would be tension as that territory got marked out, and
there is always going to be a gray area where there is a little bit of
a tug-of-war over who has what territory.
But in the end, if you analyze it--I can make your argument for the
legislature, even the House and the Senate. I can make it for the
executive branch. I can make it for the judicial branch. But in the
end, if any branch of government gets out of whack, that means out of
sync with the American people, we, the people, solve that problem in
the election box.
Sometimes it takes time. But that is the best solution is for we, the
people, to make that decision, not a decision that sanctions freedom of
speech, diminishes freedom of speech, or intimidates people so that
they don't utilize their freedom of speech, because we have got to
remain the most creative society in the history of the world, and in
doing so, we will be the most successful people also in the history of
the world.
Mr. Speaker, I yield back the balance of my time.
____________________