Sen. Tom Coburn: Taking Apart
Harry Reid's Gluttonous Omnibus Spending Bill
July 28, 2008
Senate floor speeches are a dime a dozen. Few are worth listening to when
they are delivered. Fewer yet are worthy of preservation. And only a
handful of those merit study. Here is one that merits very close
attention.
Last Tuesday (July 22,
2008), Sen. Tom
Coburn (R-OK) delivered what amounts to an indictment of the big-spending,
business as usual practices of the Harry Reid Senate. Reid (D-NV) loosed
upon the wallets and bank accounts of this nation a monstrosity of an omnibus
spending bill — the "Advancing America's Priorities Act" — consisting of 398
pages spanning 35 separate spending bills, creating $11.3 billion in new
spending, with no spending offsets, which were supposed to accompany new
spending under new Democrat "principles" after the November '06 elections.
While the pork and
druken spending contained in Reid's current omnibus bill is nothing new — $17
million for ape safety, $12 million for a greenhouse, and $1.5 billion for the
DC metro — Sen. Coburn's speech provides an excellent tutelage in the
constitutional limitations of government, and the frightening nature of
out-of-control Congressional spending.
I want to
spend a little bit of time this evening talking about motivations,
talking about a realistic assessment of where we are and then merge
those two things with some of the actions that myself and others in
the Senate are doing.
One of the things we all know but we do not like to talk about is
the significant, unsustainable course our country is on. Numbers can
be really boring, but they are not boring when you apply what is
going to happen to our children and grandchildren.
This first chart I have in the Chamber shows Government spending as
a percentage of GDP. It has gone higher than that at times of war in
the past. But here is where we are today at 2008. We are right
around 20 percent. These are not my numbers. These are Government
Accountability Office--these are the Medicare and Social Security
trustee numbers. If we do not start doing something about wasteful
Washington spending, about reform of waste, about elimination of
fraud, about duplication of programs--2 or 3 or 20 doing the same
thing, none of them doing it efficiently--what is going to happen to
us under our current policy is that by 2038 we are going to have 35
percent of our GDP spent by the Government.
Well, what does that really mean? What happens to us when 35 percent
of everything we produce comes to the Government and the Government
deals it back out? Well, what it really means is less liberty. What
it really means is less freedom. Because what it does is it takes
the resources of Americans out of their pockets and out of their
families and transfers it to a government bureaucracy that then
mandates how dollars will be spent.
These numbers are not disputable. Nobody will dispute this is the
roadmap we are on. As shown on this chart, this is where we are
going. What happens is, the results of that become a markedly lower
standard of living for our children and grandchildren. As we look at
that, we see other things that are happening to us that are very
harmful. As a matter of fact, they are affecting us greatly right
now.
The debt held by the public--that is debt that is exclusive of the
money we have stolen from Social Security, from Federal employees'
retirement funds, from the Inland Waterways Trust Fund, and from
about 60 other trust funds the Government continually steals excess
money from and spends but does not recognize the debt--that is
exclusive of all this. This is the debt that is out there that
people have actually bought: T-bills or Treasury notes or Treasury
bonds. About a third to 40 percent is now held by foreign
governments.
If you think this cannot impact us as a nation, we need to think
about what happened when France and England started to take the Suez
Canal back from the Egyptians, and because we owned the majority of
France's and England's debt, we said: If you do this, we will put
your debt on the market. We will collapse your economy. So,
consequently, two allies of ours did not do a very foolish thing
and, through the economic power we had of owning their debt, we
accomplished very powerful foreign policy objectives.
Well, the reverse of that is about to be true for our country when
we have $300 billion to $500 billion sitting in China today, when we
have $300 billion to $500 billion sitting in the Middle East. What
would happen if they decide to dump our debt? So by being less than
fiscally proper, by not being frugal, what we have done is put our
foreign policy at risk by having a larger and larger percentage of
our debt held by foreign sovereign governments.
As you can see by this chart, what is happening is, in 2008, we are
at about 20 percent of our GDP being held by the public. But another
20 percent is internal in terms of what we have stolen. As that
rises, the risk to our children, the risk to our Nation, the risk to
us for an effective foreign policy--because we are now leveraged by
what someone might do with our debt--starts impacting us in a
tremendous way.
The other trend that is not sustainable and even more worrisome is
the makeup of our GDP as a percentage of the Government, the things
we really have not fixed or have not addressed. If you look at our
total revenues, which are estimated to be around 20 percent, if they
stay historically at that level, how much we take from the
Americans--which we are not going to if we are going to maintain the
programs of Medicare, Medicaid, and Social Security--but if you
leave them there and then you look at the growth of Government that
is mandated just on demography alone, just on the fact that the baby
boomers--my age--are growing old, what we see is that Social
Security rises, Medicare rises, Medicaid rises, but net interest
becomes over 50 percent of everything we pay out. Notice all the
other functions of Government actually decline. The things that make
a difference in your life every day actually get squeezed down.
So we are on an unsustainable course. There is no question we are on
an unsustainable course, and we have before us today--the majority
leader spoke about introducing a bill. I want to spend a little bit
of time talking about the bill. We have not seen the bill. We are
guessing what is in the bill--but a bill that is going to spend
between $25 billion and $50 billion more, is going to create over 77
new programs, is going to grow these numbers even more.
That bill is coming about because myself and several other Senators
have refused to allow those bills to go without debate on this floor
and without the ability to amend them. Now, some of them are very
good things we ought to be about. But we should not be about it
until we are going to inculcate and act as Senators the same way
every other family in this country has to act; that is, by making a
decision based on priorities. If people get to take a vacation this
year, they are taking that vacation because they have scrimped
somewhere else to be able to afford the fuel, to be able to afford
the cost. They have made a decision within their family budget that
what they are doing is a priority compared to the other priorities.
Well, the American public is not surprised we refuse to make
priorities here. We just go on and pass bills.
Now, you will hear the argument over the next 10 days to 2 weeks, as
we debate this bill, that these are just authorizations, that it is
not money that is actually spent until it is appropriated. But if
you go to the Web site of all of the Senators who are supporting
these bills, they have already sent out press releases bragging
about what they have done. They intend to spend the money.
So one of three things comes about from that. One is they plan on
authorizing it and spending the money; two is they are just gaming
their constituency, they are planning on passing the bill but never
spending the money, which is highly unlikely, or three is they just
want on the bill so they can get a positive parochial benefit and do
not really care whether the money gets spent.
Well, this is one Senator who really cares whether the money gets
spent. And a lot of these bills we should spend money on. But some
of the bills, to pay for them, we ought to get rid of the programs
in those agencies that are either duplicative of what we are doing
and eliminate the ones that are not working or we ought to pay for
any new programs the same way a family does. They get rid of the
things they do not think are important.
But to pass somewhere between $25 billion and $50 billion worth of
new authorizations for spending and not eliminate waste, fraud,
abuse, and duplication means we think we are above the American
people. Do you know what. The American people already figured that
out because the latest survey on whether they think Congress is
doing a good or excellent job is only 9 percent of the people in
this country. And they are right; we are not. We are totally
ignoring the things that every other person in this country has to
do in terms of making decisions on how they live.
The debate on this bill is going to be about priorities and choices.
Also, this bill is going to be coming at a time when the No. 1 issue
facing Americans is being able to afford enough money to put gas in
the car to go to work. I would put forward that we should not spend
any time growing the Government in any way or authorizing any new
expenditures until we have a comprehensive, totally inclusive energy
policy that is going to work for this country for the next 30 years.
The reason that is important is our national security is now at risk
because we are energy dependent, we are energy insecure.
You heard the majority whip talk about lands that were bid on but
are not drilled on. It is the Willie Sutton phenomenon. He robbed
banks because that is where the money is. People drill where the oil
is. If there is not a high chance of getting oil, they do not drill
there.
Every available offshore rig in this country right now is either in
repair or drilling. Every other working rig is either under contract
or under repair or is out for contract. It would be surprising to
most people where we get most of our oil drilling rigs today. Most
people do not realize China produces most of them. We have lost our
technologic advantage in terms of being competitive just on oil
drilling rigs.
The other thing that is disappointing is, we cannot have a debate
about priorities in the Senate because we hide behind the fact that
this is just an authorization. But the point is, if we think it is
important enough to authorize it and we think it is a priority, we
ought to think it is important enough to spend the money on. In
fact, everybody thinks that except when they get on the Senate floor
to debate the fact that they do not want to do the hard work of
getting rid of waste, of get getting rid of fraud, of getting rid of
abuse, of getting rid of duplication.
For most of the bills that are going to be in here, my staff and I
have offered legitimate spending offsets to them. But that is
foreign. That is new. We have not always done it that way.
Well, I refer to this chart and this other chart as evidence that we
better start doing things a little differently. We better start
deauthorizing programs that do not work. We ought to start getting
rid of programs that are wasteful. We ought to start fine-tuning the
programs that do work but are highly inefficient. And we ought to
get rid of programs that are designed to be defrauded and abused.
The Senate is an interesting place by historical standards. By
historical standards, this is supposed to be the greatest
deliberative body in the world. In the 110th Congress, 890 bills
have passed--890. Fifty of them have had debate. Only 50 have had
debate. And for most of those, the debate has been extremely limited
and shortened through the power of the majority leader, by a
technical process of filling the tree, 14 times, where no amendments
were available except those of the majority leader, or by granting
amendments that were only approved by him and limiting the total
time of debate. Well, there is an interesting historical record that
I will go through in a minute. But it lessens what our Founders
intended for the Senate to be.
From 1912 to 1972, only five times in the U.S. Senate was cloture
invoked. That means the decision was made by the U.S. Senate to
limit debate.
Our Founders believed the whole purpose of the majority of the
Senate was to be the reasoned body, to stand away from emotion, to
stand away from the pressured responses of an election every 2
years, and have an open and vigorous debate on every issue.
Two things happened from that. One is Members of the Senate became
much better informed. The second thing that happens when we have
vigorous open debate is the American people learn something about
what is going on. So if we have passed 890 bills this year and 840
of them passed by this procedure called unanimous consent, you
didn't hear any debate, there were no amendments offered, there was
no vote taken on those bills. What a loss for the American people.
Now, granted, 72 of them were naming post offices, but what a loss,
that we don't have and utilize the tools of the Senate to inform the
American people about what we are working on.
There are two things that can come from that. One is, if we are
doing a unanimous consent--a procedure where a bill passes and
nobody raises an objection to it. It is a process where everybody
says: I think this is a bill we ought to do. I think this is a bill
we ought to not amend, and I don't think we should vote on it.
So there have been 840 times or 850 times in the 110th Congress when
we have said we don't need to do that. So the American people have
no idea what we have passed, what the import of it is, because there
has been no debate. What the majority leader hopes to bring to the
floor is a bill consisting of 40 bills that says: Wait a minute.
There are some of us who think we ought to debate these. There are
some of us who think we ought to amend these. And there are some of
us who think we ought to vote; that we ought to be recorded on how
we stand on an issue.
One of the things that has been put out in this debate by unelected
staff members is that I have blocked the bills from coming to the
Senate floor. Well, everyone in this body knows that isn't true. An
individual Senator can't block a bill from coming to the Senate
floor. The majority leader has the right to bring any bill to the
floor any time he wants.
What the staff members are saying is we want to bring a bill, but we
don't want to debate it. We don't want to vote on it. We don't want
to have it amended. We don't want the American people to know what
we would rather do in secret, what we would rather pass without the
American people knowing the details about our business.
So is it any wonder that only 9 percent of the American public has
any significant confidence in the Congress to put forward their
interests? We are going to be doing this at a time when the No. 1
issue in this country is energy security and energy prices, but we
are going to put a bill on the Senate floor that grows the
Government, that creates 70 new programs, and spends somewhere
between $25 billion and $50 billion.
I would tell my colleagues that most people sitting down to their
dinner table think we have our priorities messed up, and they are
right. We do.
The other thing that is concerning is our Founders made the House of
Representatives very much different from the Senate. The Senate was
designed to make sure the rights of the minority were always ever
present in terms of debate and amendment. Earlier today the majority
leader said we had filibustered--my particular party had
filibustered--83 times. That is an inaccurate statement.
A filibuster is when someone says: I want to continue talking and I
want to continue debating and I want to continue amending--to the
point where you try not to pass a bill. The difference between what
the majority leader claims and actual truth is, what the minority is
asking for is we would just like to be able to amend bills and not
have to go to the majority leader, who has now become the ``Rules
chairman'' of the ``House,'' and says only with our approval can we
offer an amendment to a bill. It undermines the total tradition of
the Senate, but more importantly than that, it undermines truth and
transparency in this country because, if you stifle debate, what you
do is lose the benefit of the 100 Senators who are here who come
from diverse backgrounds with vast and different experiences to have
that input into the debate.
So as we become the ``House of Representatives,'' where we don't
allow amendments, where we don't allow an open amendment
process--and I am not talking about political ``gotcha'' amendments;
I am talking about real amendments to change real bills based on the
facts of that bill, and I am talking about pertinent amendments--we
are doing great damage to the institution of the Senate.
I have also heard some of my colleagues complain that it is somehow
undemocratic for one Senator to stand against 99 Senators. I would
not be living up to my oath if I acceded on conscience to do what I
thought was wrong for the very people of Oklahoma who sent me here,
not to represent just their interests but to pay attention to what
our oath says, which is to uphold and fulfill the Constitution of
the United States. It is interesting that in that Constitution,
there is a section called the Enumerated Powers Act. It is very
straightforward. It is very clear in terms of what it spells out,
the rules under which the Congress is to operate.
I have introduced, along with my colleague--several other colleagues
in the Senate but also my colleague, John Shadegg, in the House--the
Enumerated Powers Act. This act says we should fulfill article I,
section 8. I wish to read that into the Record for a minute because
I think as American families across this country and American
workers and people struggle to meet either health care bills, food
bills, or energy bills, the answer is that the Congress has gotten
totally off course.
Here is what our Constitution says:
The Congress shall have Power To lay and collect Taxes, Duties,
Imposts and Excises, to pay the Debts and provide for the common
Defence and general Welfare of the United States; but all Duties,
Imposts and Excises shall be uniform throughout the United States.
.....
The Congress shall have the power to:
[B]orrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several
States, and with the Indian Tribes;
To establish a uniform Rule of Naturalization, and uniform Laws on
the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and
fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and
current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for
limited Times to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high
Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules
concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that
Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and
naval Forces;
To provide for calling forth the Militia to execute the Laws of the
Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia.
.....
To exercise exclusive Legislation in all Cases whatsoever, over such
District. .....
To make all Laws which shall be necessary and proper for carrying
into Execution the foregoing Powers. .....
The 10th amendment to the Constitution says anything that is not
listed right there is exclusively and absolutely the right of the
States. That is how we got here. We have abandoned what the
Constitution has taught us is our responsibility.
I will tell my colleagues, my guesstimate of the 40 bills that are
going to be bound in this omnibus grow-the-government,
spend-more-money bill, half of those bills will violate the
enumerated powers of the Constitution. Then we wonder how is it that
we are bankrupting our children, how is it that we are undercutting
their standard of living for the future, how is it that we have
gotten to the point where we are at risk based on the loans that we
have taken out to foreign sovereign governments?
What we have missed is what is not controversial to the American
people, which is that we should be living within our means because
they have to live within their means. This bill is about not living
within our means. It is going to be about a lot of other things--a
lot of which I support--but mostly the bill is going to be about not
living within our means, about growing the Government, spending more
money, reaching into areas that are rightly the States' requirements
because we have the power to do it.
I wish to make one other point that I think in my lifetime--I am 60
years old, and I have seen a great shift in the legislative bodies
in this country. That shift is this: When you take your oath to be a
U.S. Senator or Congressman, you take the oath to support and defend
and uphold the Constitution of these United States. Nowhere in that
oath does it mention your State. What has happened as we have
evolved such great power to the Federal Government, the Members of
Congress have become parochial. They have decided that in their
wisdom, we should be about sending stuff home. We should be about
violating the enumerated powers. One is because it feels good to
help people--there is no question about that--but No. 2 is it has to
do with being liked and getting reelected. It has everything to do
with getting reelected.
So what it has become, as opposed to what our Founders envisioned
was a national legislature whose goal was long-term thinking to the
benefit and the trust and the security for the Nation as a whole, it
has devolved into a parochial legislature which spends half of its
time trying to fix problems in individual States or communities that
violate the enumerated powers listed in our own Constitution.
So we find ourselves with the following facts. If you are born
today, if you are born today and end up in a nice swaddling in your
mother's arms, here is what you face: Your parents are going to have
to raise you, they are going to have to try to afford your college
education, which is going to be impossible in 20 years. The reason
it is going to be impossible is because we have, out of this red
line, put $400,000 of obligations on every child that is born in
this country today and every day forward because we continue to grow
the Government. We continue to violate the enumerated powers. We
continue to refuse to make hard choices about priorities because
someone might get upset.
The interesting thing is the American people get it. You can see
that in their level of confidence in this body. Ninety-one percent
of the American people say: We don't get it. You are not working on
what we want you to work on. You are not fixing the problems we
think you should be fixing.
It is because we are fixing what is best for the politicians, not
what is best for the country.
Let me give you a few examples of what I suspect will be in this
bill. You as an American can decide if you think it is a priority
for us right now, knowing that we are going to have at least a $600
billion deficit this year; we are going to borrow at least $600
billion from the Chinese and the Middle East. That is $2,000 for
every man, woman, and child in this country.
Here is the first one. Ice age, floods, National Geographic Trail
Designation Act. That has to be a priority for us right now, when
Americans cannot afford gasoline to get to work. It only costs $14.5
million over the next 5 years, but it has to be a priority for us,
it has to be something that has to happen right now. Why does it
have to happen? It is because somebody will look good back home, not
because it is a priority for the Nation--and it is certainly not a
priority for our children.
So do we need to do that now. Or do we intend to pass the bill, not
fund it, and say we did something? Either one of them is
dishonorable.
Next is the Star-Spangled Banner and War of 1812 Bicentennial
Commission Act. That will create a commission to celebrate the
bicentennial and creation of the National Anthem. I don't think
there is a problem with doing that. I think we ought to recognize
the 200th anniversary of that. The question is, Should we spend $4
million doing it, when you can probably spend $100,000 doing it?
Only in Washington does it take $4 million to have a party, to
recognize a celebration. That is totally out of touch with the
American taxpayers and the priorities they have to make.
How about the Captive Primate Safety Act? It will add nonhuman
primates to the list of species that are prohibited from being
brought into the country for commerce. That commerce has to do with
the scientific integrity and discovery and the utilization of
subhuman primates because they are the best way we know to test
things before we test them on us. But we are going to limit that. We
are only going to spend $17 million doing that--only $17 million.
There is $1.5 billion for the National Capital Transportation
Amendment Act. That is Metro. I think we ought to help Metro. But
before we help Metro, we ought to demand some accountability and
efficiency. They have gotten a billion dollars in Federal grants
over the last 3, 4 years. Yet the problems that plague that
institution haven't been fixed. They are not addressed in this bill.
There is no accountability, no transparency. You cannot see where
they are spending the money. There is nobody held accountable for
the failure of the retrofit on the old rail cars that were
retrofitted and now are not working.
The other question American taxpayers ought to ask is: Why should
every other taxpayer in the country pay for the rail transportation
of the best paid people in the country, the Federal workforce?
Should the average family who makes $33,000 in Oklahoma pay for the
transportation to work of families who average $75,000 and are
commuting on Metro? Inherently, there is something not quite right
with that. Yet that will be in this package--$1.5 billion. We don't
have the money, so not only are we going to have to subsidize it
now, but we are going to charge it to our kids.
I would say this bill the majority leader is going to bring up isn't
going to fit with the priorities of the American people. There are
some good things in it. But contrast that with the fact that we have
an energy crisis, that we have families who now, compared to a year
ago, are spending at least $2,000 more for energy. I would think the
only thing we ought to be working on, the only thing the American
people think we ought to be working on would be solving that problem
in a comprehensive way. Instead, we are not; we are going to grow
that and spend more. We are not going to do long-term solutions for
our energy insecurity that puts our Nation at risk in terms of our
national security.
Even a cursory look at the history of the Senate shows that the
majority leader's decision to construct an omnibus bill to get
around true debate and true amendment objections to the broken
hotline process violates the tradition of full and open debate and
amendment. Following the Revolutionary War, the Founders created a
system that protected the people from tyranny. The checks and
balances provision was extended to the legislative branch, between
the House of Representatives and the Senate. The Framers created the
House of Representatives to pass legislation quickly. But the Senate
was designed for the opposite purpose. It is supposed to be hard to
pass a law up here because it has such a major effect on every
American. It needs the cooling in the ``coffee cup saucer.'' It
needs to be thought about, debated, discussed, and it needs to be
open toward the American people to where they can see it.
James Madison said:
The use of the Senate is consistent in its proceedings with more
coolness, more wisdom than the popular branch of government. Its
hallmark would not be the majoritism of the House, but the emphasis
on the rights of individual Senators to consider and impact
legislation.
Impacting legislation is offering amendments. You cannot impact it
unless you have the ability to amend it. By wrapping several dozen
controversial bills into one omnibus, what the majority leader is
attempting to do is override the best traditions of the Senate. But
more important, it is to shortchange the American people about what
we are doing.
Since we have already passed 850 bills that you have no knowledge
of, because they didn't have debate and amendments and they didn't
have votes, why is it we should let another 40 bills come through
without full debate and full amendments?
There are two examples in history on how the Senate has operated as
intended as a bulwark against hasty decisions and bad policy. First
was the 1805 impeachment trial of Justice Samuel Chase, and the
second was the 1869 impeachment trial of President Andrew Johnson.
In order for the Senate to function as intended, it took courageous
Senators to stand on principle in the face of adversity. In 1804,
President Thomas Jefferson won reelection by a landslide, and his
party then was known as the Republican Party--it is now the
Democratic Party. They ended up with overwhelming majorities in the
House and Senate. Only the judicial branch remained in control of
the opposition party, the Federalist Party. The President, buoyed by
strong public support, sought to impeach Federalist judges on the
basis of their political stances and a variety of court opinions,
leading Jefferson's Republicans to target Justice Chase as one of
the most outspoken judges--in other words, to intimidate the
judicial branch.
With the distance of history, we can see clearly that Chase's
conviction would have undermined the independence of the courts. It
would have said we would not have a three-part government, each a
careful balance to control the others. That would have gone out the
window. In the House, Justice Chase was impeached 73 to 32. All of
Jefferson's Republicans voted for it. In the Senate, votes from 23
of the 34 Senators were necessary for conviction, and 25 of those
Senators were Jefferson's Republicans. Conviction seemed sure. Yet
following a week-long trial in the Senate, 18 voted against
conviction, while 16 voted for it. They were five votes short to
remove Justice Chase.
Following the ordeal, Vice President Aaron Burr made the following
observation:
The Senate is a sanctuary, a citadel of law, of order, and of
liberty, and it is here in this exalted refuge--here if
anywhere--will resistance be made to the storms of political frenzy
and the silent arts of corruption.
I hope my colleagues will consider that last phrase, ``the silent
arts of corruption.'' When the American people look at this body,
that is precisely what many Americans see. If any process was in the
category of the silent art of corruption, the secretive hotline
process, where bills come through with unanimous consent, fits that
definition well.
In 1869, in the trial of President Andrew Johnson, a similar matter
unfolded. In the years following the Civil War, there was severe
strife between the President and Congress over the best way to
handle the rejoining of the South with the Union. The Congress,
dominated by Members who were determined to humble the Confederacy,
was pitted against the President, who was more interested in
reconciliation than revenge. After 4 years of battling with
President Johnson, the House overwhelmingly voted to impeach him.
Every Republican had voted for impeachment. This was a different
group of Republicans--the Lincoln Republicans. In the Senate, 36
votes were required for conviction and 41 Senators were Republicans.
Once again, conviction seemed sure. However, a group of seven
Republicans saw between the momentary chaos and understood the
consequences of impeaching Johnson. After it was revealed that the
group of seven Republicans planned on voting against removal, a
surge of public outrage was thrown down on the Senators. One Senator
from Iowa, James Grimes, received so many physical threats that he
suffered a stroke 2 days prior to the vote. Nevertheless, all 7
Senators remained resolute and voted not guilty, making the final
tally 35 to 19, 1 short for conviction of impeachment.
Both these examples, dealing with impeachment and not legislation
specifically, call attention to how the Senate was designed to slow
down bad policy. I believe what the majority leader is doing is bad
policy, in terms of combining a multitude of bills--1,700 pages of
bills that very few offices know the extent of--into one bill, and
trumping all minority rights, which are a sacred and central feature
of the Senate that should not be violated.
Our Founders constantly warned about the tyranny of the majority.
Madison called the Senate a necessary fence against the majority
party, and the primary tool given to the minority was the informal
principle of unlimited debate. Between 1917 and 1962, cloture--a
motion to stop debate--only happened five times in this body--only
five times. Eighty-three times now the majority leader has filed
cloture. Why has he done that? He doesn't want the debate. He does
not want the debate. Opposite the best traditions of the Senate, the
majority leader has filed cloture 83 times.
One last point and I will finish. A hold on a bill is not blocking a
bill from coming to the Senate floor. The rights are very clear of
the majority leader. The majority leader can bring any bill to the
floor anytime he wants. No Senator can stop it. So if you are
holding a bill because you are saying I don't agree with a unanimous
consent, which means I don't agree that we should not debate, I
don't agree that we should not amend, and I don't agree that the
public should not have a recorded vote on this bill, that does
nothing to stop the bill from coming to the floor. What stops the
bill from coming to the floor is the priorities of the majority, not
the priorities of any other Senator.
Debate, full, open, honest debate is great for this country. The
hotline process with unanimous consent, passing bills in secret the
American people don't know about, are not informed about, are not
debated in the Senate, are not voted on in the Senate, goes against
the tradition of the Senate. But it also robs us of freedom because
the knowledge of what we do is as important as what we do. Without
that knowledge by the American people, we are not the cooling saucer
of thought, debate, calmness, and reason.
The hold, which I have exercised, is the last check against the
abusive hotline process. It may be that 70 or 80 Senators want to
pass a bill, and that is great. Let's put it on the floor. Let's
debate the bill. Let's have options to amend the bill and make
people vote on commonsense items such as priorities, getting rid of
waste, doing what every American has to do every day, and let's have
that debate in front of the American people.
There are 76 programs that are being held currently by a number of
Senators. It comes to $70 billion of new spending. I have yet to
have somebody from Oklahoma or any other State in the country tell
me that with a $700 billion deficit this year, with $10 trillion in
debt, with $1.4 billion in new debt a day and spending $1 million a
minute in debt, that we ought to put $70 billion more on the backs
of the American families. It may be that we need to put 70, but we
need to take another 70 off.
So the debate about the bill the majority leader will introduce is
going to be a good debate. It will not stop the process. The rules
are very clear. We will have a debate. The question will be: Will we
have a debate that is open to true amendments, that is a full
debate, and that will take the time to make sure every one of these
40 bills is thoroughly vetted with the American public?
The final issues I wish to talk about are some of the bills that are
in here.
We reformed the National Institutes of Health last year. We said:
Let's get politics out of it. Let's let peer-reviewed science tell
us how we spend the money to the greatest benefit to help the
greatest number of people. As soon as we passed that bill, we had
five or six or seven new bills coming to tell them exactly where to
spend the money because we could look good with constituencies, and
yet we violated the very bill we passed that said we ought to let
science guide us to make good decisions, make the priorities that
are out there that help the most number of people with the greatest
benefit in terms of science.
There are going to be several bills in the one bill for that. I will
gladly and readily defend my opposition to those bills. One is
because they do not accomplish what they say they do. And No. 2 is
they hurt other people by taking away limited resources, by placing
them in a category that somebody else says is more important than
what the science would say we can do best.
There is the Emmett Till unsolved civil rights bill. I agree we
ought to pass that bill, but I don't think we ought to add that
money to our grandkids. I think we ought to get rid of the waste,
fraud, abuse, and excesses at the Department of Justice and pay for
it. It is a legitimate Federal role. It fits with the enumerated
powers. Those were Federal laws violated in the fifties and sixties.
But to pass that bill and not get rid of wasteful programs and not
get rid of waste says we are only doing half the job. It is easier
doing it that way. You don't make anybody mad or upset with you. But
you don't do the best thing for our children and our grandchildren,
and you certainly don't do the best thing for our country.
It is interesting. I have sent two letters to the prime author of
that bill. He has not had the courtesy to answer me once. He held a
press conference that impugned I was a racist because I would not
let that bill go through.
The fact is, the statements are: You can't work and negotiate bills.
We have offered amendments to pay for the bill, with which Mr.
Sykes, the main supporter of this bill, agrees. What has happened is
it is take it or leave it, no debate, no amendment, no working in
the Senate to the best tradition of the body.
So we have this statement made by Senator Harry Reid that you can't
work with Coburn. I tell you, PEPFAR was a great bill. This Senate
passed it. We were critical in terms of negotiating that bill. The
Second Chance Act, which makes sure that we work against recidivism
on prisoners throughout this country, we worked hard and changed
that bill. On the Genetic Nondiscrimination Act, we negotiated well
and got a great bill for every American so the insurance company can
no longer discriminate against you if you have a genetic tendency
and they cannot raise your premium. We have done a ton of things,
but it is on the small bills which require people to work that we
have not been able to accomplish that.
I look forward to the next 2 weeks. I look forward to the weekend.
Congress is about to go on vacation. Most Americans today with gas
prices cannot go on vacation. And we are going to get a debate this
weekend on these 40 bills. We probably won't have done anything
significant yet about energy. So we are going to be debating
spending $25 billion, $50 billion, maybe even $70 billion more,
creating 50, 60, 70 new programs, and you are still going to be
paying $4.10 for your gasoline with no hope 10 years from now that
things are going to be any different because we have our priorities
wrong. We would rather look good to special interests and pass bills
in the dark of night than debate them on the floor and put the
priorities that should be in front of this country out
there--energy, health care, Social Security reform, $300 billion
worth of waste in the Federal Government every year. Nobody is doing
a thing about it. Half the agencies will not even comply with the
improper payments law. We have $3 billion a year spent at the
Pentagon maintaining properties they don't want, but the Congress
won't pass a true real property reform because it is held up by a
homeless act, most of which none of the buildings are capable of
being utilized by homeless individuals.
What I say to my colleagues is let's have a debate. Let's see the
rumble in America that thinks whether we are doing the right things,
the right priorities. Do they want us to go down this road where we
strangle the lifeblood economically from our children, we take away
their ability to own a home, we take away their ability to get a
college education, or should we be about real priorities? And if we
are going to spend new money, shouldn't we be about getting rid of
some of the $300 billion that is wasted every year right now?
I don't have to take a poll about that one. That is a
90-plus-percent factor with the American people. It is only in the
Senate that we don't get it, that we would rather spend time growing
the Government and spending more money than fixing the real problems
of this Nation.
I look forward to the debate. I am excited about this weekend. My
hope is we will have an open amendment process, one that does
justice to the greatest traditions of the Senate but, more
importantly, one that does justice to the American family and their
children to come.
I yield the floor. I suggest the absence of a quorum.
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