[Congressional Record (Bound Edition), Volume 151 (2005), Part 17]
[Extensions of Remarks]
[Page 22759]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          PERSONAL EXPLANATION

                                 ______
                                 

                            HON. BARBARA LEE

                             of california

                    in the house of representatives

                        Friday, October 7, 2005

  Ms. LEE. Mr. Speaker, on September 29, 2005, I was unable to vote 
during rollcall vote No. 504 as I had to attend a funeral in my 
District. Had I been present, I would have voted against H. Con. Res. 
245.
  I am increasingly concerned that resolutions like H. Con. Res. 245 
are being used to score political points, rather than resolutions that 
could be well-intended expressions of reasonable patriotism and 
commitment to our national identity.
  Similarly, in the last Congress, we considered legislation (H.R. 
2028) that would strip the Federal Courts of jurisdiction over cases 
involving the Pledge of Allegiance. Though the legislation was intended 
to ostensibly deal with the ``under God'' controversy, which was bad 
enough considering the important role that the Courts play in ensuring 
that our legislative enactments are permissible in light of the 
Constitution's protections of our citizens, it unfortunately also had 
broad implications on cases in which individuals, especially members of 
religious minorities, would seek enforcement of their constitutional 
right for religious practice.
  I voted against that legislation because it threatened the separation 
of powers established in our Constitution and undermined the 
constitutionally established function of the Federal Courts to 
interpret the law, a principle established in Marbury v. Madison two 
centuries ago. I believe that H. Con. Res. 245 would similarly be 
incompatible with the First Amendment's religious protections and would 
thereby harm religious minorities for whom the recitation of the Pledge 
is a violation of their faith.
  Mr. Speaker, it is the responsibility of Congress to protect the 
rights of all of our citizens and to pass laws consistent with that 
great document, The Constitution of the United States, not pass laws 
that flout its principles. I believe that H. Con. Res. 245 deviates 
from those responsibilities and that is why, had I been able to attend 
the day's proceedings, I would have voted, ``no.''

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