[Congressional Record (Bound Edition), Volume 151 (2005), Part 12]
[Extensions of Remarks]
[Pages 16322-16323]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          PERSONAL EXPLANATION

                                 ______
                                 

                         HON. MICHAEL T. McCAUL

                                of texas

                    in the house of representatives

                         Monday, July 18, 2005

  Mr. McCAUL of Texas. Mr. Speaker, I would like to note for the record 
that I was unable to be present for rollcall number 360, expressing the 
sense of the House of Representatives that a Chinese state-owned energy 
company exercising control of critical United States energy 
infrastructure and energy production capacity could threaten to impair 
the national security of the United States. If I had I been present, I 
would have voted ``yes.''
  Over the last decade, the Chinese government has enacted several 
unfair trade practices, including the artificial devaluation of the 
Yuen in order to maintain a massive trade surplus. They have used this 
extra revenue to modernize their military capabilities, and with 
today's concerns of an impending energy crisis, we cannot allow a U.S. 
energy company to become a subsidiary of the Chinese government. We 
must remain vigilant in our efforts.
  I would also like to note that that I was unable to be present for 
rollcall number 361, expressing the grave disapproval of the House

[[Page 16323]]

of Representatives regarding the majority opinion of the Supreme Court 
in the case of Kelo et al. v. City of New London et al. that nullifies 
the protections afforded private property owners in the Takings Clause 
of the Fifth Amendment. Had I been present, I would have voted ``yes.''
  As an original cosponsor of this common sense resolution, I am 
strongly opposed to the Supreme Court's ruling in this case. This 
Supreme Court decision overrules more than two centuries of legal 
precedent and tradition through the nullification of the important 
public use provision of Fifth Amendment's Taking Clause. With this 
decision, state and local governments can now use eminent domain to 
take away the real property of any individual for any reason--including 
for the benefit of another private individual or corporation.
  I consider both these issues to be of the utmost importance to 
myself, the United States Congress and the American people.

                          ____________________