[Congressional Record Volume 167, Number 21 (Thursday, February 4, 2021)]
[Senate]
[Pages S547-S548]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 874. Mr. HAGERTY submitted an amendment intended to be proposed by 
him to the concurrent resolution S. Con. Res. 5, setting forth the 
congressional budget for the United States Government for fiscal year 
2021 and setting forth the appropriate budgetary levels for fiscal 
years 2022 through 2030; which was ordered to lie on the table; as 
follows:

       At the appropriate place in title IV, add the following:

     SEC. 4___. POINT OF ORDER AGAINST LEGISLATION THAT WOULD 
                   VIOLATE THE CONSTITUTION OF THE UNITED STATES.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report that would 
     increase budget authority in a manner that facilitates a 
     violation of the Constitution of the United States, which may 
     include measures adding the District of Columbia, a Federal 
     district established under the Constitution, as a State, 
     measures relating to conducting an impeachment trial of a 
     former President, or measures curtailing the free speech 
     rights or

[[Page S548]]

     Second Amendment rights of the people of the United States.
       (b) Waiver and Appeal.--Subsection (a) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required to sustain an appeal of 
     the ruling of the Chair on a point of order raised under 
     subsection (a).
       (c) Sunset.--This section shall cease to have force or 
     effect on December 31, 2022.
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