H 814 CONGRESSIONAL RECORD — HOUSE January 24, 1996 Third, establishing that illegal immi- these measures, as well as comprehensive The Gingrich Republicans’ sneaky as- grants do not qualify for any Federal immigration reform, enacted this year. sault on education, however, shouldn’t or State welfare programs; Sincerely, come as a surprise to anyone because Fourth, prohibiting illegal immi- DAVID DREIER, the new majority has already passed Chairman. grants from qualifying for taxpayer- some of the most antieducation legisla- provided health care services; f tion I have ever seen. And finally, creating a new $3.5 bil- EDUCATION Just take a look at the education lion Federal fund to assist hospitals budget for 1996 which the House has al- with the cost of emergency health care The SPEAKER pro tempore. Under a ready approved. to illegal immigrants, with $1.6 billion previous order of the House, the gentle- This terrible bill cuts: Head Start, of that going to the State of California. woman from California [Ms. WOOLSEY] Chapter One, Safe and Drug-free Mr. Speaker, it was wonderful that is recognized for 5 minutes. Schools, School-to-Work, and voca- the president would stand here and Ms. WOOLSEY. Mr. Speaker, there’s tional and adult education. talk about this issue, but he has been more than meets the eye when we hear In all, it cuts education by 13 percent given the opportunity to address those the Republicans talking about their in 1 year alone—13 percent. concerns that not only the people in plans to keep the Government running But that’s nothing compared to what that State, where 54 electoral votes are through the rest of the year. they want to do to our education sys- held, but people around the country are Their latest plan is to introduce a tem over the next 7 years. concerned, and when he has been given new temporary spending bill each The new majority’s 7-year budget that opportunity, he has chosen to month to keep the Government run- plan would deny Head Start to 180,000 bring out his veto pen and in fact slap ning. children by 2002. the face of those who have been focus- That plan might not appear too bad It eliminates Goals 2000, which helps ing on this issue. at first to the public but when the schools meet higher national standards He opposed proposition 187 in Califor- American people take a closer look and increase parental involvement. nia, which passed by an overwhelming they’ll quickly see that this month-by- It kills Americorps, which has pro- landslide, people saying that the State month approach will leave our schools vided thousands of Americans with col- of California should not be responsible and teachers with the two main ingre- lege tuition assistance in exchange for for what is clearly a Federal issue. So dients for disaster—too little time and community service. it saddens me that while I am pleased too little money! And, it cuts in half the President’s that the statement was made, that the Right now is the time of year when program aimed at helping schools bring record of President Clinton on the schools—elementary schools, high technology into the classroom. issue of illegal immigration and the schools, and colleges—begin to plan for Under their budget, my State of Cali- record of past congresses in the control the next school year which, in case my fornia alone will lose, among other of his party is that people have chosen friends on the other side of the aisle things, $1 billion for the School Lunch to ignore this. In the past year, we have forgotten, begins in September. Program, and over 181,000 Californians have successfully stepped up to the Schools can’t wait until the new fis- will be denied participation in the cost- plate to deal with it, and unfortu- cal year to hire teachers, buy books effective Direct Student Loan Pro- nately, the President has chosen to and computers, and repair damaged gram. veto it. buildings. My friends, that’s the wrong direc- Mr. Speaker, I include for the If we don’t pass a year-long appro- tion, and that’s not the way we are priation, elementary and secondary RECORD the letter of January 24, 1996, supposed to be taking care of our chil- to which I referred: schools won’t know how many teachers dren. they can afford to hire. They won’t be CONGRESS OF THE UNITED STATES, Mr. Speaker, we can balance the able to plan special programs. Students OFFICE OF THE SPEAKER, budget, but it does not have to be on Washington, DC, January 24, 1996. at postsecondary schools could be hurt the back of our children and their edu- Task Force on California. even more by the Republican strategy. cation. DEAR MR. PRESIDENT: I was greatly encour- If Congress does not set the maximum As the President talked about in his aged by your decision to include addressing amount for Pell grants, colleges and speech last night, we can continue to illegal immigration as a national priority in universities won’t be able to figure how Tuesday’s State of the Union Address. How- move this Nation forward without leav- much financial aid their eligible stu- ing those who depend on Government ever, in this light, I was dismayed by your dents will get. veto record that has killed historic congres- the most—our children and their edu- sional proposals to combat illegal immigra- Even worse, students won’t know if cation—behind. tion and lift the burden of illegal immigra- they will receive the financial aid they Let’s stop playing politics with our tion from states like California. These pro- need to go to college. Nation’s schools and students. They posals include: That’s not how we should be treating need time to plan, and they need ade- Providing $500 million to reimburse states our Nation’s students. for the cost of incarcerating illegal immi- quate funding to meet the growing But, on top of robbing our schools needs of our students. grant felons in state prisons, tripling prior and students of crucial planning time, year funding and relieving California tax- I urge my colleagues to pass a clean the new majority month-to-month ap- payers of a $300 million burden; continuing resolution immediately Increasing funding for INS border control proach to governing is going to rob that ensures that our schools can do efforts by $300 million to add 1,000 border pa- them of crucial funding. their jobs, so that our children are pre- trol agents and 400 inspectors; Let me make it clear. If the Gingrich pared for the challenges of the next Establishing that illegal immigrants do Republicans continue to fund edu- century. not qualify for any federal or state welfare cation at the level in the continuing programs; resolution that is set to expire this f Prohibiting illegal immigrants from quali- week, education will be cut by a total b fying for taxpayer-provided health care serv- 1700 of $3.1 billion below last year. ices; and LEARNING FROM OUR HISTORY Creating a new $3.5 billion federal fund to And that, my friends, will be the assist hospitals with the cost of emergency largest cut to education in the history The SPEAKER pro tempore. Under a health care to illegal immigrants, with $1.6 of this country. previous order of the House, the gen- billion targeted to California. You have to wonder what they are tleman from California [Mr. DORNAN] is While I was disappointed in 1994 when you thinking on the other side of the aisle. recognized for 60 minutes. chose to oppose California’s Proposition 187, At a time when numerous polls show Mr. DORNAN. Mr. Speaker, while my which was overwhelmingly supported by that improving the quality of public good friend from Arkansas is in the California citizens, it has been more dis- heartening to see vetoed the California dele- education is the top priority for Ameri- chair, I plan not to bore you, sir, but to gation’s efforts to implement federal policies cans, the Gingrich Republicans are educate you. You are already pretty to meet the goals of Proposition 187. I look planning to cut funding for education darn educated, and I love your State; forward to working with you to see each of more than it has ever been cut before. and I have told you more than once, January 24, 1996 CONGRESSIONAL RECORD — HOUSE H 815 there are 23 Medal of Honor winners point of the spear, circling into Iraq, vivor of the Holocaust, 14 years of age, from Arkansas, and it is a great State. cutting around Kuwait, and that he survived a hell on Earth, the horror of And it is under a cloud for awhile, but had been allowed to complete his mis- Auschwitz. Clinton couldn’t refer to it is going to be liberated 286 days from sion and he was shocked that he was General McCaffrey and say, he won right now, 285 from when we wake up in not allowed to, as I saw him so state on those honors fighting for his country the morning, to regain its place in the television in a documentary. and fighting for the country of Viet- pantheon of the 50 American States. He could have taken Basra, cut off nam that I helped to turn over to com- Let me take a moment again to do the Republican Guard. Tens of thou- munism and that I am now normalizing what I did in one of the five times I sands of Kurdish men, women, and chil- relations with the Communist killers spoke today, a 1-minute four times on dren would not have been butchered in who tore up General McCaffrey’s arm, the defense bill, and point out again the north. Saddam Hussein would have gave him those three Purple Hearts, the headlines from yesterday, last been captured and executed by his own using Russian equipment and Russian night, or the headlines this morning. officers, 400 of whom he tortured to bullets and AK–47 rifles to tear up this Mr. Speaker, are you aware that last death because we didn’t end that war, young captain’s body. night, because I was on television a like the person that my good and hon- And where was Clinton when Moscow year ago last night on all three net- orable friend George Bush called Hit- was sending those weapons to Hanoi? works, CNN all day long, PBS, because ler. He was in Moscow. Unbelievable. I inadvertently used formal words from So here is Barry McCaffrey, two Now, here are the headlines, Mr. the U.S. Constitution about giving aid stars. He gets a third star. Clinton Speaker. Clinton Embraces GOP and comfort to an enemy. I had not re- comes into office, McCaffrey is coming Themes in Setting the Agenda. alized how archaic this language was. over as Chief of the Joint Chiefs, and Wednesday, today, January 24, 21 years I carry around a Constitution most of he is sitting in the waiting room at the ago today my hero dad died. As I said the time. Here it is. What it says in ar- White House 2 years, 10 months ago, in my 1-minute, he would be tormented ticle III, section 3, in very archaic lan- and a prepubescent puke staffer of by the lack of character and integrity guage, listen to this and why I should Clinton’s walks up to him when he at the top of our Government today. have said sustenance and support to says, good morning, and she comes The era of big government is over, the Communist enemies in Hanoi, re- over to him and leans in his face and Clinton tells the Nation. Here is the ferring to a certain 23-year-old Rhodes says, we don’t talk to people who wear New York Times, America’s so-called scholar who is ditching class to travel the uniform down here at the White mother paper, whose motto is, All the Europe lobbying for a Ho Chi Minh vic- House. News That’s Fit to Print, Clinton of- tory. But here is article III, section 3, Now, Clinton told Gen. Colin Powell, fers challenge to the Nation, the era of and of course I did not mean treason. who was then Chairman of the Joint big government is over. Subtitle, ap- You have to be very smart and diaboli- Chiefs, try and get me an I.D. on this peal to voters, tries to preempt the cal and clever to be engaged in treason. young woman staffer and we will nail GOP message. Article III, section 3, U.S. Constitu- her; and Colin Powell promptly said, I How about this one; that was the tion: Treason against the United am not interested in who it is or find- New York Times. Here is the Washing- States shall consist only in levying war ing out who this one person is. Change ton Times, a better newspaper if you against them, meaning the States, the attitude of your staff toward people are looking for hard-core truth or con- they always wrote that way in our pre- in the military. servative reporting. Clinton concedes Civil War, true Federalist period, or in Well, of course, all of this was picked the end of the big government era, adhering to their, the States’, enemies, up from the top down, from the loath- State of the Union stresses responsibil- giving them aid and comfort; and in some remarks in the letter to one of ity and self-reliance. the original document, they actually Arkansas’s great retirees, Bataan Well, before the media would—before gave a capital letter A to aid and a cap- Death March survivor Col. Eugene the media calls me and says, well, what would you have done as a theme to- ital C to comfort. Holmes, and had the honor 11 months night? I thought back to something No person shall be convicted of trea- ago to have dinner with him and his written 23 years ago by Alistair Cooke. son unless on the testimony of two wit- beautiful Irene, his wife of 55 or 60 Some people may remember the great nesses to the same overt act or on con- years down in their home in Fayette- character Archie Bunker. He called fession in open court. Even then, our ville. This letter still resonates in my original Founding Fathers, the colo- him Alistair DeCooke. head when I look up at Mr. Clinton Alistair Cooke was one of those rare nialists, British citizens, tell the Con- standing there at that roster where people who kept his British homeland cord Bridge and Lexington Green gun- Winston Churchill has stood more than citizenship and became an American fights, they were very strict about once, Douglas MacArthur has stood, all citizen. He came here in 1938 right be- what treason is. So, of course, I meant the great and not-so-great leaders of fore World War II as one of the young nothing about treason. the world of late, and I look when he reporters for the BBC. He stayed on to I had my words taken down, and I re- talks about families. be the immediate prior host of Master- fused to apologize because the essence And I look at my own stickers and piece Theater. He loved the United of my remarks was true and is true bumper stickers and signs that I have States, loved our mother country, bril- now, that when Mr. Clinton puts in the used all during this Presidential quest liantly reported for Vogue. And my col- gallery Barry McCaffrey, I didn’t have and it says, Faith, Family and Free- leagues who may be listening, I am time in my 1-minute to really explain dom, the motto of all of my congres- joined on the floor by my pal, SONNY that General McCaffrey is one of our sional campaigns, and I hear this reso- BONO of California. SONNY, I want you combat CINC’s. He is the Commander nate in Clinton’s remarks last night. to listen to this for your kids. in Chief of Southern Command, sta- Faith, family, and he talks about this Mr. Speaker, listen to Alistair Cooke tioned in Panama. He is an outstanding noble Gen. Barry McCaffrey fighting in a birthday present for our 200th bi- man, and when I met him in Desert for freedom and for his country. centennial, written 4 years in advance Storm as the two-star major general As I pointed out this morning, Clin- in 1972, published by Knopf & Company division commander of the 24th Mecha- ton could not gag out of his throat the in 1973, run on television in 13 wonder- nized Infantry Division, not knowing word Vietnam. He talked about fully produced 1-hour presentations, 13 then, unless he had the battle plan, McCaffrey’s Silver Stars, two of them; documentaries, called Alistair Cooke’s that Schwarzkopf, General most people die earning that highest America, rerun 3 years later in our Schwarzkopf would pick him to be the decoration. It is No. 3 after Medal of exact bicentennial year. point of the spear and to be the main Honor, Distinguished Service Cross. He Here is his present, and imagine if trusted armored force, backed up by said he had three Purple Hearts, as my Clinton had said words like this. Now, the 101st Airborne in the Harbor Divi- dad did in World War I, but he could remember, this is written 24 years ago sion like the 101st that is now in not tell us, sitting next to his beautiful this spring and summer. Bosnia coming down from Europe, bri- daughter Chelsea and then Mrs. Clin- What is fiercely in dispute, Mr. gades thereof, that he would be the ton and on this side the great hero sur- Cooke says, between the Communist H 816 CONGRESSIONAL RECORD — HOUSE January 24, 1996 and non-Communist nations today is quoting from original Roman 2,000 siveness, this seems to me a disastrous the quality and staying power of Amer- years old, nothing could reconcile the sentimentality, which, whatever lib- ican civilization. Who uses that term minds of the barbarians to peace unless erties it sets loose, loosens also the ce- more than any of us, ‘‘American civili- they experienced in their own country ment that alone can bind any society zation’’? Why, our Speaker, NEWT the calamities of war. into a stable compound. GINGRICH. Maybe NEWT is on to some- And who used that immoral Roman A code of obeyed taboos. That means thing. policy on the Vietnamese, the Lao- taboos on child abuse, homosexuality, Every other country scorns American tians, and the Cambodians? Robert adultery, all the taboos that are writ- materialism while striving in every big Strange, his mother’s maiden name, I ten into Mosaic law and written about and little way to match it; envy obvi- guess, McNamara. That criminal, powerfully and poetically in the Old ously has something to do with it. But McNamara, who has poured salt into Testament, the Bible of the Hebrew there is a true basis for this debate, the raw wounds of all of the MIA fami- people. and it is whether America is in its as- lies across this country with his I can only recall the saying of a wise cendance or its decline. groveling Council of Foreign Relations- Frenchman that ‘‘Liberty is the luxury Cooke continues, and I used to have organized trip to Hanoi and his appear- of self-discipline.’’ this memorized, the next three para- ance on talk shows across this country Self-discipline. What does Clinton graphs, probably could still recite it with some sort of gutless apology for say last night? He stresses responsibil- without looking at the page, but I want what he did not only to our young men ity and self-reliance. Self-discipline. it to be precisely correct. I traveled to and our eight nurses whose names are What a source for those virtues. Historically, those peoples that did all 50 of our States on child pornog- on the Vietnam memorial wall, but not discipline themselves had dis- raphy, all of 1973, 1974, 1975, and what he did to millions of South Viet- cipline thrust upon them from the out- intermixed with my campaigning in namese and North Vietnamese, and side. Usually, Mr. Speaker, in a bloody my first congressional victory in 1976, eventually created the failed pattern revolution. Or in a bloody revolution. opening my speeches all over America, by a gutless President LBJ to turn all That is why, Cooke continues, the nor- including Arkansas, Mr. Speaker, with of Southeast Asia over to communism. mal cycle of life and death of great na- these words: I myself, Alistair Cooke, b 1715 tions has been first a powerful tyranny, think I recognize here in America sev- broken by a revolt, the enjoyment of eral of the symptoms that Edward Gib- So it is McNamara that he is talking liberty, then the abuse of liberty, and bon maintained were signs of the de- about here in 1973, even though he re- back to tyranny again. As I see it in cline of Rome and which arose not signed 5 years before, but McNamara this country, America, a land of the from external enemies, but from inside was still in his 5th of 13 years at the most persistent idealism and the the country itself. World Bank, drawing about, in now blandest cynicism, and this is where it Then I would take a footnote and dollars, $800,000 to $900,000 a year tax ended my memory of these paragraphs, quote Abraham Lincoln when he was free for 13 years since he walked off the the race is on between its decadence about 38 years of age where he said this battlefield in Vietnam, McNamara, and and its vitality. country would never be conquered from only did it come to an end in Reagan’s first year of 1981. The race is on, 24 years ago. And outside, no despot would ever take a what a race it has been these last two- drink of water from the Ohio River; Back to Alistair Cooke’s TV series and the book that grew from it, and-a-half decades. How did anybody that if we collapsed, it would be suicide ever believe that somebody with such ‘‘America.’’ from our own decadence. disrespect for the Presidency, the of- There is too, Cooke says, the general Alistair Cooke continues, the signs of fice of the Presidency, would come to desire to live off the state, whether it Rome: a mounting love of show and us as a perpetual Governor in a one- is a junkie on welfare or an airline sub- luxury, a widening gap between the party State, changed by the gentleman sidized by the Government. very rich and the very poor, our liberal in the chair and a vibrant growing Re- We did end that during my tenure colleagues could agree with that one, publican Party in Arkansas, that a per- here. an obsession with sex. son would come to the Democratic pri- In a notion that Washington, big Think of modern American television mary process with so much baggage daddy, will provide, and most disturb- today: prime time, afternoon soap op- that we are still reading in our papers ing of all, a developing moral numb- eras, slime-ball talk shows. They are about grand juries and suicides and is ness to vulgarity, to violence, and to still on, all claiming they will reform it a murder and Whitewater and one the assault on the simplest of human within the next 6 months, still running horrible $100,000 bribe hidden by cattle ads backing, trying to seek broken and decencies. futures; Jennifer Flower’s name rico- dysfunctional families to come on and This is written 24 years ago. Quo cheting around, Paula Corbin Jones, make fools of themselves, an obsession vadis, whither goest thou? What have Marilyn Jo Jenkins, Sally Perdue. And with sex. we done since then? Yet the original I am lectured to? In the week my Get this next line, Mr. Speaker, and institutions of this country still have grandchild is born, that I must cherish think how many debates we have had great vitality. The republic can be the children? And I must be a good in the last decade; this is written 24 kept, but only if we care to keep it. family man? years ago: Freakishness in the arts There Alistair Cooke is paraphrasing Look at these quotes that I wrote masquerading as originality, and en- the great Benjamin Franklin some 200 down last night. I did not want to be thusiasm pretending to creativeness, years earlier. disrespectful to the office, so I did not these symptoms are shared by Western Much of the social turmoil in Amer- sit in this Chamber. Here is the first Europe, though they seem to be milder ica springs from the energy of people note I took down. The era of big gov- there, only because America has a who are trying to apply those institu- ernment is over. livelier tradition of self-criticism. tions to forgotten memories and who That is what I said when I ran for Thank heavens for our self-criticism. have awakened after a long sleep. Congress in 1976. Citizens must not be In the past decade, that would be 1963 I thought Republicans, conservatives, left to fend for themselves. What does to 1973, America has demonstrated the because the other power was decaying that mean? Is that what Alistair Cooke Roman folly of exercising military and were devoid of ideas, I thought we was talking about, big daddy, let Wash- might in places remote from the cen- would take that power in the late sev- ington do it? What has that got to do ters of power. He is referring to Viet- enties, and because of Watergate, and with self-reliance and responsibility? nam. Could that also mean Somalia, again corruption at the top, my party Is it the command of Mother Teresa, Haiti, or Bosnia in the Balkan winter? was to wander for 40 years in the politi- who shook my hand on December 8 and Cooke continues, And in finding her- cal desert. said, ‘‘When you are President, a spe- self, America, so frustrated by the Back to Cooke: As to the rage to be- cial love for the poor and vulnerable.’’ stamina of primitive peoples on their lieve that we found the secret of lib- But she means all those little infants own ground as to fall back to the erty, in general permissiveness from in their mother’s wombs. Yes, she com- Roman conclusion that, and he is the cradle on, that is liberal permis- mands us and every rich nation in the January 24, 1996 CONGRESSIONAL RECORD — HOUSE H 817 world to love the poor. But I do not And I repeated what got me my words tary Personnel, Mr. Speaker, you bet- think that is exactly what we were taken down last year about claiming ter believe I will be having hearings on talking about last night, because any that there is no Russian missiles point- that. time either one of the Clintons meets ed at us. What got me a little exorcised So there is the two bad things about with Mother Theresa, they give her a year ago this week was he said we the defense bill today. Why we had to great lip service, and then disregard ev- won the cold war. take out U.N. command and control erything she says the minute when she That brought to mind the joke I beats me, but is that going to be a key leaves their country. The same with heard as a kid when Tonto and the Presidential issue of the next 286 days? Pope John Paul II, Billy Graham, or Lone Ranger were surrounded. He says And I have been on that trail without the head of the Southern Baptist Con- ‘‘What are we going to do, Tonto?’’ And much money, back in the track, let me vention. says ‘‘What do you mean we, Kemo tell you without refutation, Mr. Speak- Self-reliance, teamwork, we must Sabe?’’ No we. Clinton had nothing to er, the surest standing ovation in Re- have both. That is what we are devel- do with winning the cold war. Never publican primaries, whether it is Bu- oping on this side of the aisle, team- lifted a pinkie. As a matter of fact, he chanan or Keyes or Lamar Alexander work. He talks about a new, smaller was helping the other side, because it or our leader in the other body, BOB Government, finally, when we have $5 was an undeclared war. Again, there DOLE, the minute one of us says to U.S. trillion of debt and we are heading for are people I call traitors. He is not one men and women under foreign or U.N. $6 trillion, before we begin to even turn of them, not some misguided 23-year- control, instant standing ovation, Mr. around that debt. old student ditching class at Oxford Speaker, pounding standing ovation, I was in the well the day before yes- and traveling through all the Scan- long. And Clinton wants to take that terday with Molly Christine Oona Dor- dinavian capitals who were on the one on and demanded that we take our nan, Molly O. Dornan, not 10 days old wrong sides of that conflict for freedom language out of the bill. when I had her here, and look at the against Barry McCaffrey and his quest Here are a few notes on that. In debt that we have already put on all of to rid Vietnam of oppression, as my vetoing the defense bill, in part due to my 10 grandchildren. Although like I dad helped rid France of oppression at the provisions on U.N. and foreign com- am seventh or eighth here in the the beginning of this century. mand the control, Clinton dem- House, I am like a piker compared to No, we have got one heck of a battle onstrated once again he is more inter- JIM BUNNING who is sitting here with 28 before us. And let me give some good ested in furthering the multilateral grandchildren, or HENRY GONZALEZ, news here on the defense authorization agenda of the United Nations than in with 31 or 32 and a couple of great- bill that we just won with 287 votes to looking out for the welfare of U.S. grandchildren, or RON PACKARD, one of 129. Now, just some simple arithmetic troops. my colleagues from Orange County, for young students who may be follow- This is all from Mr. SPENCE’s team, who has 32 grandchildren, I think. ing the course of events here on the these talking points. The provision in What a debt we have put on all of floor. Mr. Speaker. To override a Presi- question would have required by law these kids. When I talk about our pos- dent’s veto in this House you need two- that before placing U.S. troops under terity or our children around here, I thirds. Two-thirds of 435 is 290. So if the operation and control of the United am thinking of names and faces. I have you are looking up at the lights at ei- Nations, or any other foreign entity, a got five and five now, five grandsons ther end of the Chamber and you see who are going to be told you can do President would have to certify that it that they hit 145, you know that the anything with a woman you want, and would be in the national security inter- President is going to be supported in a have high school kids say to me. And est to do so. It would not have prohib- veto. They hit 129. on my other side, I have five grand- ited a President from placing U.S. We did not have to hit 290, although forces under the U.N. control. It would daughters. Every single one of these I saw three Republicans running who shows I turn on now is all T&A, and in have merely required that he formally missed the vote, who were all going to justify such action in writing to this the trade they know what that means. vote with me, so we would have hit 290. Mr. Clinton says last night he wants Congress, thereby to our American peo- Now, if he vetoes this defense author- to meet with the executives of the tele- ple. Rather than weaken our provision, ization bill because of Dornan language vision industry. SONNY BONO is trying the conference agreement drops this in it to cut off abortions, to put out of to do a terrific job to try to talk com- provision. Again, no deal is better than mon sense to these people. That was the military, respectfully, gently, over a bad deal. one of the best real lines in the speech. 6 months, with full military hospital This action represents a continued Produce things you want your children service and an honorable discharge, commitment to the principle that only to look at. That does not means a people who stuck a filthy needle in qualified U.S. commanders, like Barry tough version of Shakespeare or vio- their arm, rolled up their white, khaki, McCaffrey, should command U.S. lence where it is necessary when you or blue sleeve to stick a needle in their troops in battle. are doing a cocaine story in South arms and get infected with the HIV In contrast, the Clinton administra- America or something. But this mind- virus, and we are going to give them an tion continues to insist, I call this the less violence, even by some conserv- honorable discharge. If they go to a Strobe Talbot factor, the Clintons had ative producers, and Sylvester men’s room and have unsafe sex with a dinner with him again on New Year’s Stallone’s name comes to mind, and stranger, anal sex, we are going to give Eve or New Year’s Day while our other people, Arnold Schwarzenegger, them an honorable discharge in 6 troops, and I, were in Germany at the who are supposed to be associated with months. If they go to a house of pros- railheads, trying not to mash their fin- the Republican side of events and is- titution and have sex, against orders of gers in ice rings, lashing all that heavy sues. This worship of violence, egre- their commander, do not go to that armored equipment to trains that go gious, promiscuous sex, and a sneaky house of prostitution, it is off limits, through disgusting railheads in Hun- little message that drugs are OK, I do every prostitute is infected with AID’s, gary where, there were no toilet facili- not know how we are going to get it and they break the law, dishonorably, ties or anything, and there is Clinton done under this Presidency, over the and go, they get a 6-month time to ad- golfing at Hilton Head at South Caro- next 286 days, any more than we did just their affairs, FIIGMO, FIIGMO lina with Strobe Talbot. under Mr. Nixon. means, let me get a softer version, But the Strobe Talbot factor is to Here was the plea last night. Strong- ‘‘forget it, I got my orders.’’ They will place U.S. troops under the operational er families, a stronger America. There not be productive for 6 months. And command of U.N. commanders during it is, faith, family and freedom. I guess then they get an honorable discharge, so-called peacekeeping or peace en- we can thank God for small favors, while Michael New, who would not put forcement operations, this in spite of that he did not say he was the new and on the U.N. beanie or wear the U.N. the U.N. having repeatedly dem- everlasting covenant again. That is patch on his military uniform, which is onstrated in Bosnia and Somalia, and I Jesus Christ, the Son of God. in the regs that he should not have to, have left out Haiti, a nightmare wait- He still does not get the second today he got a bad conduct discharge ing to explode, the incompetence of the amendment straight. That was wrong. in Germany. As the chairman of Mili- U.N., their negligence in attempting to H 818 CONGRESSIONAL RECORD — HOUSE January 24, 1996 carry out the most rudimentary of The acceleration of key theater mis- choose what school their children went military operations. sile defense systems, that is where we to. b 1730 protect our men overseas and women, I was not going to come down here, and the allies who are with us, which is but I heard Congresswoman WOOLSEY The Army officer friend of mine just fine, should be done and a moral thing talk about education. First of all, our back from Haiti said the whorehouses to do. But what about the wives and budget increases education. It does not in Haiti are thriving with U.N. person- husbands and children and families decrease. So, where or why she has con- nel on a revolving-door visit policy, back in the good old U.S.A.? cluded that it is a decrease is simply just as they went to the houses of pros- We have provisions which will pre- not the facts. titution like Sonia’s Kontiki in Bosnia vent Clinton from implementing any It is so frustrating to come to this where some of the women being held agreement with Russia on theater mis- body and listen to talk or rhetoric or there were slaves under the control of sile defense demarcation, quote-un- whatever you want to call it, and hear renegade Serbian Bosnians. quote, unless certain conditions are people just say whatever they want to Accordingly, we conservatives re- met. We House Republicans remain say and it has nothing to do with the main committed to limiting the ability committed as ever to pursuing an ag- truth. I guess that is why I ran for of- of any administration to place U.S. gressive policy to protect the American fice. forces at risk on behalf of the United people from ballistic missile defense. Last night, the President talked Nations and will aggressively pursue Our fight will continue on several about education. He revered education. our policy in any number of legislative fronts, including the fiscal year 1997 Education is a wonderful thing, and as vehicles during the upcoming session of budget cycle, which begins any day I said, we have increased funding for Congress, and we are well into it. now, where we start our housekeeping education. But he left out, I guess, kin- Now, national missile defense. This with 13 appropriations spending bills. dergarten to elementary because in el- one blows my mind. In the week that The gentleman from California, Mr. ementary schools now, they have one of my heroes, Danny Graham, BONO from the gorgeous lower desert of barbed wire along the fences right now. three-star general, West Point grad- California, Palm Springs and that area, I would love to send my children to a uate, son of an Army sergeant major, it was a year ago tonight, give or take public school, but I would not dare. Danny Graham was buried at Arlington a few days, that the gentleman regaled Mr. DORNAN. Not to keep people in, this week. In the week that General the glitterati, the cognoscenti, the but to keep thugs and drug pushers Graham is buried, the father of high Washington press corps, and told them out. frontier. The main civilian, albeit re- that his introduction to the rough and Mr. BONO. I would love to send them tired military, proponent of strategic tumble in the House was BOB DORNAN to a public school so they would have defense, the strategic defense initia- in the well with a 1-minute critiquing that kind of exposure to total life, but tive. One of the men, that great genius, Clinton, and he thought I was going to I would fear for their lives. Dr. Edward Teller brought the idea to eat the lectern that he is now leaning I remember when I was a little boy, Ronald Reagan. on. the President was saying how rosy Danny Graham died too young a Mr. BONO. Mr. Speaker, I thank the things are now, but I remember when I man. He was 75, and Danny was buried gentleman from California [Mr. DOR- was a little boy, 5 years old or 6, I with full military honors, because he is NAN]. I did, approximately a year ago, could walk to school. I guarantee you a former head of DIA, a No. 2 man at joke with him and that is the way he if your child walked to school now at CIA. A three-star general’s funeral at took it. But I just want to say about that age, he would get kidnaped and Arlington is something that will not Congressman DORNAN that he is not to molested and probably killed. So to say leave any dry eye with any patriot in be taken lightly. He is a fighter, if I things are so much rosier and better the audience. The week he is buried, have ever seen a fighter. He is a man now is simply not true. Our public edu- this Paul Revere, as I used to call him that lives, breathes, and sleeps what he cation system at that level is horrible. when I would introduce him. I worked believes. It is dastardly. for him during the 2 years I was out of There is not a hypocritical bone in If you send your child to elementary this House when I had to move from his body. There is no hypocrisy in the school now, the chances of him or her West Los Angeles to Orange County to man whatsoever. And so I am proud to getting an education are impossible. It continue my congressional career. be his friend. When I listen to him cannot happen. Fortunately, I have a In that week, Clinton vetoes, jerks sometimes, the determination that he few dollars. I can send my kids to a pri- out of our bill with his veto power, Na- pursues a fight to bring America where vate school. tional Missile Defense. Clinton’s veto it should be, and continues, whether Mr. DORNAN. You mean like Sidwell of the original defense bill further the the odds are a million to one or 1 to 1, School, like where beautiful Chelsea differences between the Congress, and I know this, until his dying breath, goes? which supports the deployment of a na- he will never quit. Mr. BONO. Exactly. Exactly. Which tional defense way in the majority here So, I am proud to call him my friend again is very interesting, because and in the Senate, and Clinton who has and I am proud that he is on our side. schools are so safe and so wonderful, now demonstrated his opposition to de- I am proud that he is working so hard but our very own President sends his fending the American people at home for this country, and I thank him. child to a private school. I never could in America from ballistic missile at- BOB, did I hear the President say he figure out the justification for that. tack. wanted charter school systems last Mr. DORNAN. SONNY, reclaiming my Rather than compromise on an issue night? time. Let me read one of those opening of principle, the national missile de- Mr. DORNAN. Yes, you sure did. paragraphs. fense language opposed by Clinton was Mr. BONO. I find that fascinating, be- Mr. Speaker, how much time do we removed from the bill we passed today. cause in California, we had Proposition have left? To modify it to meet the White House’s 174. I think you recall that. The Demo- The SPEAKER pro tempore (Mr. objections would have weakened to the crats were vehement against Propo- HUTCHINSON). The gentleman has 20 point of making it meaningless. sition 174, which simply said we should minutes remaining. The fight goes on, Mr. Speaker. On a have the right to school choice. Last Mr. DORNAN. Mr. Speaker, listen to matter of principle, no deal is better night I heard the President say we this. This is the paragraph after the than a bad deal. Other ballistic missile should have the right to school choice. ‘‘thank you’’ to the Speaker and Mr. defense related provisions have been That is baffling me, Mr. Speaker. Vice President and Members of the retained, particularly the one I cham- I think he even mentioned vouchers, 104th Congress, and other pleasantries. pioned, Navy high-tier, upper-tier mis- did he not, BOB? ‘‘I want to begin by saying to our men sile defense. We kept in the additional Mr. DORNAN. He sure did. and women in uniform around the $450 million for the establishment, just Mr. BONO. Mr. Speaker, we again world.’’ That is great. He is always transferring it to a core theater missile said we want vouchers, not for the rich, with them taking photo opportunities, defense, TMD. but for everybody so that they could but we wonder still why he cannot gag January 24, 1996 CONGRESSIONAL RECORD — HOUSE H 819 out the word Vietnam, although he did I get so fed up when I hear the other than you thought? Is your energy and slip once last night in introducing an- side come down here in this well and your optimism level still at high pitch? other hero from the Oklahoma City just say whatever they feel like saying. Mr. BONO. I follow your example. I bombing. He slipped and said he had And when Congresswoman WOOLSEY am very impressed by the amount of been a Vietnam veteran. That is the took off on education, education energy that you put into this job and first time I ever heard him say the stinks. I cannot say it another way. It not necessarily deal with the con- word. He did not say that in the order stinks. sequences. I happily go in that path of to sending our men to Bosnia. He men- We spend more money than anybody whatever the—I am dedicated to saving tioned Northern Ireland and every war and have the worst results. So now the this country. So my energy will always we have been in, but he forgot to men- solution to that is to spend even more be 110 percent. tion Vietnam. Interesting. And all the money and still have it not achieve Mr. DORNAN. We only have about 6 Vietnam senior sergeants and officers anything? No, that is not the truth. months. We are going to vote tomor- noticed it. Now he says the state of our No, that is not what we should do. We row, Wednesday, Thursday next week, Union is strong, but your kids cannot should really look at our educational then no votes until after the Iowa cau- walk to school. system and find out what we are doing cuses and the primary at the end of ‘‘We have created nearly 8 million wrong, which is staggering, and make February, February 20 in New Hamp- new American jobs.’’ That is still way an attempt to start doing things right shire. Because BOB DOLE is the leader below what Ronald Reagan created, so that all children, like when I was a and wants to be in those States, there and he created it by cutting taxes. If little boy, can go back to public school will not be any votes in the Senate, Clinton had not created the largest tax again, which is almost impossible in none. So then we have March, April, increase in the history of any nation this day. May, June, and July, that is 5 months, and all of civilization, because we can- Public schools do not teach. They are out for August. We come back for a not codify what the Egyptians got out not safe. They have become political. wild September, hoping to get our 13 of slave labor, this is the biggest tax They do not stand for what they are spending appropriations bills, our increase in history. supposed to stand for any longer. housekeeping work here finished by But here is a part germane to what So, to paint that rosy picture about September 30. We will be out in the the gentleman is talking about. He education just disturbed me so much first few days of October to have 1 says, ‘‘Our leadership in the world is because I wanted so badly for my two month to campaign. So we are talking strong.’’ We are the last superpower be- little children to go to public school about 6 months. cause of what Reagan and Cap Wein- and experience that, but I cannot. I What I am building up to is, do you berger and George Bush did, not be- would not dare do that to them. appreciate how the American people in cause of him; not the way we are chop- Now, I am telling you the truth, and their own enlightened self-interest ping back the military. I guess the other side finds the truth should give the Republicans for the He says, ‘‘We are gaining ground and third time in 66 years more than one of restoring our fundamental values.’’ Not unpleasant and, therefore, they prefer to not tell reality. Reality, when they 2-year berths. If we are defeated and according to what the gentleman just lose this on November 5 of this year, said. He said, ‘‘The crime rate is say how mean we are. Well, when we talk about Medicare, all we are trying that means in 66 years, since 1930, be- down.’’ That is a misrepresentation. fore I was born, we have had three 2- The baby-boomers are aging out of to do when we talk about Medicare is year berths. their high-testosterone-lending-itself- instead of ending it in 7 years, which is what will happen now if we continue on What I am going to recommend the to-violence period. But at the bottom. rest of this year is give us a 100-percent The violence among young people is this rosy path that supposedly exists, it will end in 7 years. disabled charging war hero, if DOLE worse than ever. prevails, and I am trying to overtake He says, ‘‘Welfare rates are down.’’ b 1745 him but I need some money to do it, if They are not. ‘‘The food stamp rolls We have extended it to 5 years. So we DOLE prevails, put DOLE in the White are down.’’ They are not. That is a mis- are telling you the truth. It is so hard House, a man who put his blood into representation. And then he says, ‘‘The to tell you that truth because it is so the soil of your native land, Italy, in teenage pregnancy rate is down.’’ That much easier to hear, do not worry drove our Whip, the gentleman from Europe and TRENT LOTT is a leader in about anything. There is plenty of the Senate and NEWT GINGRICH reinvig- Texas, TOM DELAY, up the wall. What money here and we will give it all to country is he looking at? Because I saw orated, listening more to his true con- you. That is a lie. We do not have plen- servative friends in this House than the the gentleman from Ohio [Mr. TRAFI- ty of money. We owe $5 trillion and we person who says he embraced him as he CANT] take him on, and I saw our one are starting to work on 6, and that is Independent, the gentleman from Ver- sobbed uncontrollably, so this person going to accumulate fast and that rub- mont [Mr. SANDERS], cheering, ‘‘That is says, and then this farm State Con- right.’’ It is not that rosy. berband is going to break very soon. gressman leaked all of that to NEWT’s We do have problems with our I think that all my colleagues, in- enemies at the Washington Post for a workforce. And then he says, ‘‘We live cluding Mr. DORNAN, I give them credit front page story last week. I know who in an Age of Possibility.’’ That sounds for being brave because what we are that dairy farm State Congressman like Jack Kemp and NEWT and the Op- trying to convey to you is not nec- was. NEWT better pay attention to his portunity Society and all the upbeat essarily popular and it can hurt our friends in this House, his friends who stuff that we Republicans are getting polls. It can hurt our public relations. believe in family and faith and freedom BOB DOLE to talk about, and that is It is so much easier to say rosy things, and espouse it in their life styles. what is giving Steve Forbes the shot, but to not tell you the truth, to not let If he comes back to home base and is with his inherited millions, in the you really confront the future as it is inspired by TRENT LOTT and we have a number 2 spot. going to exist in reality but paint a Republican in the White House, we are But, back to Mr. BONO and a reality rosy picture is a lie. going to need not just the next 6 check on how rosy things are. I did not come here to lie. I came months but the 105th Congress, two ex- Mr. BONO. Thank you for pointing here because I think we are at the citing sessions, to try and bring us, as out exactly what I am talking about. edge. We are right at the cliff. If we do you put it, on the edge of the lectern, You know, I chose to be a Republican not grab this country and bring it back from the brink or as Alistair because the symbol of Republicans is back, it will dissipate and explode and Cooke said, we are at a crossroads. We responsibility. Selling the message of we will not have it anymore. are almost schizophrenic, tearing our- be a victim is an easy message to sell. Mr. DORNAN. Let me ask Mr. BONO, selves in half. We better make the It is probably 200-to-1 to sell, a message a freshman, as well known as any of right decisions. of ‘‘Be responsible.’’ But this man has the freshmen in that exciting group of Let me read something to you, where been talking for half an hour about 73 people, was this first year for you Mr. Clinton last night said, here are that we have to become responsible. more difficult than you imagined it the seven challenges. First, cherish our Well, we must become responsible. would be? Did we accomplish more children and strengthen the American H 820 CONGRESSIONAL RECORD — HOUSE January 24, 1996 family. This weekend I went to Mem- comes from South America through give $2,000. I will cash the check, 2,000 phis, SONNY, and I stayed with two the Panama Canal, through the Carib- bucks cash for whoever will get me families, the Langstons and the Fer- bean area. He is going to be a great back my 1964, I call it my POW El Do- gusons. They had both been to Promise general in command of a war against rado because I got it the month the Keepers, the big event in Dallas, tens this poison of narcotics. first POW as shot down. I was going to of thousands of fathers swearing to not Mr. BONO. Would you consider it a give it to a POW, I fantasized, at the commit adultery on their wives, swear- war when a family accidentally drives end of that war, get back my fire mist ing to be loyal to their children and down the wrong street and is blown to red, and that license plate, this histori- their brides. And who attacks them? oblivion because they simply acciden- cal vehicle, HV295, D for DORNAN, NOW. Patricia Ireland, chief spear car- tally made a wrong turn? Can crime HV295, D for DORNAN. This is what I rier for the lesbian movement in Amer- prevention help that or is that war? will give, 2,000 bucks cash to get my El ica. She is yelling at Promise Keepers Mr. DORNAN. I was in Los Angeles Dorado back. because men are standing up and say- the night that story broke on the news. By the way, that is my fourth auto- ing they want to be loyal to their fami- We had not recovered from the trav- mobile stolen in Los Angeles in 20 lies. Unbelievable. esty of justice that O.J. Simpson got years, three of them in the last 10. I He asked the broadcast industry to away with, slitting two throats to the have only gotten back one. It was in rate the programming, as the movie in- spine and stabbing an innocent young Tijuana sitting on a hill with the tires dustry does. I do not know where we man 17 times. The whole city is still in off it, but I got that back and I still are going to go with that. the throes of that, all these divisions. own that red Bronco. Second, provide Americans with edu- And here comes this unbelievable Mr. BONO. Mr. Speaker, I just want- cational opportunities. You are on the story, throwing ashcans. I do not know ed to say that, do not ever take Con- right committees. Listen to this. He the ethnic background of anybody in gressman DORNAN lightly. One thing wants to lash every classroom to the that story. I never saw enough pic- you can be sure of, as certain as these information highway by 2000. What is tures. are chairs, that he will always tell you going to be on that highway? He says I did see one crying uncle, trying to the truth. And whether it is pleasant or schools and communities must adopt make a statement to the press, but it unpleasant, he will tell you the truth. national standards. What is that, was a little 4-year-old girl that took a And that is why I am a Republican. So dumbing down to the lowest common bullet in the head as the father tried to you are an inspiration to me. denominator. drive out of a cul-de-sac where he had For that reason, of which I am very Then under challenge 3, this is the gotten off the freeway and took a proud of you, and I hope that I can al- one that caught your attention among wrong turn. A gang decided to take ways follow in your footsteps in that I several items, he said help every Amer- him on. will always, whenever I speak to the ican achieve economic security, create Let me tell you something, SONNY. I public, tell them the truth. a $2,600 voucher for the unemployed or only have one classic car I am trying With that, I thank the gentleman for underemployed to use for their edu- to rebuild. giving me the time in the well. cation and training. How about vouch- The SPEAKER pro tempore (Mr. Mr. DORNAN. Mr. Speaker, I have ers for all of our children? That will be HUTCHINSON). Members are reminded to got one final valuable contribution to stopped by the liberal dominant wing refer to other Members by their last offer here. of his permissively liberal party. name and State. Turning back to my Constitution, Then he says, fourth, take back our Mr. DORNAN. Mr. BONO, last week a printed by the bicentennial committee streets from crime, gangs, and drugs. car that I was restoring—just spent that I have been carrying for years That is what I have been trying to do about $3 to $4,000 on it last year—a 31- here, as far as the President’s Com- as a father and since I have come here year-old classic 1964 fire mist red El mander in Chief responsibilities, I a grandfather all my life. It is liberal Dorado automobile, was towed by a quoted article III, section 3 earlier, permissiveness and liberal fascination, tow truck out of my son’s carport on here is article II, section 2; III.3 is on not with the victims of crime but with Church Lane in west Los Angeles, a few aid and comfort to the enemy. II.2 says the perpetrators of crime, trying to fig- blocks from OJ’s Rockingham house— this, 16 words: The President shall be ure out how to help them work their but an apartment building. They came the Commander in Chief of the Army way through the legal system and get at noon on a slight rainy, drizzly day and Navy of the United States. Bingo. back out on the streets more quickly. last week, hooked it up to a tow truck, Sixteen more words on militia, and of He says keep the crime bill of 1994 on because the battery is not hooked up, the militia of the several States, 13 the books. You could have lost because the gearbox is not finished. I am re- then, when called into the actual serv- of that crime bill. And because 11 Re- storing the car that I bought 31 years ice of the United States. There was no publicans went down to the White ago used. National Guard then. So that is 18 House and gave him what he wanted, I got it with some residuals from the more words, if you strip away all the we lost 10 to 20 Republican seats. We series ‘‘Twelve O’clock High.’’ It is the’s and the and’s, and the Army and should be at 256, if it were not for the gone now to some shop down some- the Navy and the in chief and all of political garbage and waste of billions where in Los Angeles. The people that this, it says President, Commander in in that phony crime bill of 1994. stole the car were sitting in it 3 days Chief. That is it. That is it. There is Mr. BONO. I would like to ask the before. My son was back here with me, nothing else in the Constitution. gentleman a question, since you are got snowed in with that blizzard. Who says that our Presidents, and making these points on crime and Neighbors saw them. They said, would this is my disagreement with one of crime prevention. Are we not at war? he sell this car, the owner? No way, our great leaders on the other side, Mr. DORNAN. It is a war. they are restoring it. Cut the Club off who says the President of the United Mr. BONO. Is it crime prevention the wheel. Police were called by my States can send people to Somalia, to anymore or is it full blown war? son’s neighbors. They came and said Bosnia, to Haiti, or to Lebanon with- Mr. DORNAN. SONNY, you may not somebody has to call the owner. They out getting the approval of this Con- know Gen. Barry McCaffrey personally. forgot who. gress? That is why I argued with my Nothing is all dark in life. Clinton’s ap- They said this car is going to be sto- friend Dick Cheney, Secretary of De- pointment to the FBI, Louis Freeh, fa- len. Two or three days later at noon, by fense, and the Navy combat attack ther of five kids, great guy, tough tow truck. My 31-year-old classic is pilot, carrier pilot George Bush. You judge, tough agent in the street, Barry towed away. cannot go to the gulf in a serious major McCaffrey and the southern, the CINC, I heard somebody asking for help to conflict. I do not care if you have 28 na- Commander in Chief of Southern Com- bring down a child molester. Let me be tions banded together. mand down there in Panama. He came creative, SONNY, since this well goes b to the Heritage Foundation recently into homes all over America, maybe 1800 and gave this startling statistic: 100 1,300,000 people. I do not want to get They are all getting the permissions percent of the cocaine in the world too wild with the reward, but I will of their Dumas and their congresses January 24, 1996 CONGRESSIONAL RECORD — HOUSE H 821 and their Knessets and their various these countries would not interfere with Congress to authorize ‘‘measures of offense legislatures. You must come here. Dick American merchantmen. Over a period of ten also.’’ Jefferson gave Congress all the docu- Cheney used to tell me ‘‘We will lose.’’ years, Washington and Adams paid nearly ments and communications it needed so that $10,000,000 in tributes. the legislative branch, ‘‘in the exercise of I said ‘‘You will not lose. You will lose In his capacity as Secretary of State in this important function confided by the Con- the liberal leadership in the Senate and 1790, Jefferson had identified for Congress a stitution to the Legislature exclusively,’’ the House, and if we lost every one of number of options in dealing with the Bar- could consider the situation and act in the them, but you win enough Democrats, bary powers. In each case it was up to Con- manner it considered most appropriate. A we will have a big victory.’’ The vic- gress to establish national policy and the ex- Compilation of the Messages and Papers of tory was 180 saying no, we cannot free ecutive branch to implement it: the Presidents 315 (James D. Richardson ed. Kuwait and protect world oil sources Upon the whole, it rests with Congress to 1897–1925) (hereafter ‘‘Richardson’’). decide between war, tribute, and ransom, as Alexander Hamilton, writing under the and stop Saddam Hussein from getting the means of reestablishing our Mediterra- pseudonym ‘‘Lucius Crassus,’’ issued a biological, chemical, and nuclear war- nean commerce. If war, they will consider strong critique of Jefferson’s message to fare terror capability, and on the win- how far our own resources shall be called Congress. Hamilton believed that Jefferson ning side, how could I forget the win- forth, and how far they will enable the Exec- had defined executive power with insuffi- ning side and remember the losing side, utive to engage, in the forms of the constitu- cient scope, deferring too much to Congress. 253 to 180, a great vote. tion, the co-operation of other Powers. If But even Hamilton, pushing the edge of exec- utive power, never argued that the President Now, we have a scholar at the Li- tribute or ransom, it will rest with them to limit and provide the amount; and with the had full power to make war on other nations. brary of Congress, Lewis Fisher. Executive, observing the same constitu- Hamilton merely argued that when a foreign Mr. Speaker, I will include for the tional forms, to make arrangements for em- nation declares war on the United States, RECORD Lewis Fisher’s scholarly trea- ploying it to the best advantage. 1 American the President may respond to that fact with- tise on the Barbary wars, with more to State Papers: Foreign Relations 105 (Walter out waiting for congressional authority: come on why the President does not Lowrie & Matthew St. Clair Clarke, eds. The first thing in [the President’s mes- have the constitutional authorities to 1832). sage], which excites our surprise, is the very On March 3, 1801, one day before Jefferson extraordinary position, that though Tripoli send young men and women all around took office as President, Congress passed leg- had declared war in form against the United the world at his whim. islation to provide for a ‘‘naval peace estab- States, and had enforced it by actual hos- The material referred to is as follows: lishment.’’ 2 Stat. 110, § 2 (1801). On May 15, tility, yet that there was not power, for want THE BARBARY WARS: LEGAL PRECEDENT FOR Jefferson’s Cabinet debated the President’s of the sanction of Congress, to capture and INVADING HAITI? authority to use force against the Barbary detain her cruisers with their crews. . . . [The Constitution] has only provided (By Louis Fisher) powers. The Cabinet agreed that American vessels could repel an attack, but some de- affirmatively, that, ‘‘The Congress shall SUMMARY partmental heads insisted on a larger defini- have power to declare War;’’ the plain mean- The claim that President Clinton has con- tion of executive power. For example, Albert ing of which is, that it is the peculiar and ex- stitutional authority to invade Haiti with- Gallatin, Secretary of the Treasury, re- clusive province of Congress, when the na- out first obtaining congressional authority marked: ‘‘The Executive can not put us in a tion is at peace to change that state into a is often linked to early presidential actions. state of war, but if we be put into that state state of war; whether from calculations of Supporters of broad executive power argue either by the decree of Congress or of the policy, or from provocations, or injuries re- that a President may deploy troops on his other nation, the command and direction of ceived: in other words, it belongs to Congress own authority and that Congress can re- the public force then belongs to the Execu- only, to go to War. But when a foreign na- strain him only after he acts. As support for tive.’’ Other departmental heads expressed tion declares, or openly and avowedly makes this position, the Barbary Wars during the different views. Franklin B. Sawvel, ed., The war upon the United States, they are then by time of Presidents Jefferson and Madison are Complete Anas of Thomas Jefferson 213 the very fact already at war, and any dec- often cited. However, the historical record (1903). laration of the part of Congress is nugatory; demonstrates that these military operations After hearing these opinions from his Cabi- it is at least unnecessary.’’ The Works of Al- received advance authority from Congress. net, Jefferson chose to rely on statutory au- exander Hamilton 745–747 (John C. Hamilton To the extent that presidential initiatives thority rather than theories of inherent ed.). were taken before congressional action, they presidential power. Citing the statute of Congress responded to Jefferson’s message by authorizing him to equip armed vessels to were defensive in nature and not offensive March 3, the State Department issued a di- protect commerce and seamen in the Atlan- (as contemplated for Haiti). rective on May 20 to Captain Richard Dale of tic, the Mediterranean, and adjoining seas. the U.S. Navy, stating that under ‘‘this BACKGROUND The statute authorized American ships to [statutory] authority’’ Jefferson had di- During the presidencies of George Wash- seize vessels belonging to the Bey of Tripoli, rected that a squadron be sent to the Medi- ington and John Adams, U.S. military action with the captured property distributed to terranean. If the Barbary powers declared conformed to the framers’ expectation that those who brought the vessels into port. 2 war on the United States, American vessels the decision to go to war or to mount mili- Stat. 129 (1802). Legislators had no doubt were ordered to ‘‘protect our commerce & tary operations was reserved to Congress and about their constitutional authority and du- chastise their insolence—by sinking, burning required advance authorization. For exam- ties. ‘‘The simple question now,’’ said Cong. ple, President Washington’s military actions or destroying their ships & Vessels wherever William Eustis, ‘‘is whether [the President] against Indian tribes were initially author- you shall find them.’’ 1 Naval Documents Re- shall be empowered to take offensive steps.’’ ized by Congress. Stat. 96, § 5 (1789); Stat. 121, lating to the United States Wars With the Cong. Samuel Smith added: ‘‘By the pre- § 16 (1790); Stat. 222 (1791). Consistent with Barbary Powers 467 (1939). Having issued that scriptions of the law, the President deemed these statutes, military operations were con- order, based on congressional authority, Jef- himself bound.’’ Annals of Cong., 7th Cong., fined to defensive measures. Offensive action ferson also wrote that it was up to Congress 1st Sess. 328–329 (1801). required authority from Congress. The to decide what policy to pursue in the Medi- Congress continued to pass legislation au- Writings of George Washington (John C. terranean: ‘‘The real alternative before us is thorizing military action against the Bar- Fitzpatrick ed. 1939). whether to abandon the Mediterranean or to bary powers. Legislation in 1803 provided ad- Similarly, when President Washington keep up a cruise in it, perhaps in rotation ditional armament for the protection of sea- used military force in the Whiskey Rebellion with other powers who would join us as soon men and U.S. commerce. 2 Stat. 106. Legisla- of 1794, he acted on the basis of statutory au- as there is peace. But this Congress must de- tion the next year gave explicit support for thority. Stat. 264, § 1 (1792). President John cide.’’ The Writings of Thomas Jefferson 63– ‘‘warlike operations against the regency of Adams engaged in the ‘‘quasi-war’’ with 64 (Ford ed. 1897). Tripoli, or any other of the Barbary powers.’’ Insisting on a larger tribute, the Pasha of France from 1798 to 1800. Although Congress 2 Stat. 291. Duties on foreign goods were Tripoli declared war on the United States. did not declare war, military activities were placed in a ‘‘Mediterranean Fund’’ to finance Jefferson did not interpret this action as au- fully authorized by more than two dozen these operations. Id. at 292, § 2. Further legis- thority for the President to engage in unlim- statutes in 1798. Stat. 547–611. lation on the Barbary powers appeared in ited military activities. He informed Con- 1806, 1807, 1808, 1809, 1811, 1812, and 1813. 2 ACTIONS BY JEFFERSON AND MADISON gress on December 8, 1801, about the demands Stat. 391 (1806); 2 Stat. 436 (1807); 2 Stat. 456 Elected President in 1800, Thomas Jeffer- of the Pasha. Unless the United States paid (1808); 2 Stat. 511 (1809); 2 Stat. 616 (1811); 2 son inherited the pattern established during tribute, the Pasha threatened to seize Amer- Stat. 675 (1812); 2 Stat. 809 (1813). the Washington and Adams administrations: ican ships and citizens. Jefferson had sent a Jefferson often distinguished between de- Congress had to authorize offensive military small squadron of frigates to the Mediterra- fensive and offensive military operations, actions in advance. One of the first issues nean to protect against the attack. He then permitting presidential initiatives for the awaiting Jefferson was the practice of pay- asked Congress for further guidance, stating former but not for the latter. In 1805, he noti- ing annual bribes (‘‘tributes’’) to four states that he was ‘‘[u]nauthorized by the Constitu- fied Congress about a conflict with the Span- of North Africa: Morocco, Algiers, Tunis, and tion, without the sanction of Congress, to go ish along the eastern boundary of the Louisi- Tripoli. Regular payments were made so that beyond the line of defense. . . .’’ It was up to ana Territory (West Florida). After detailing H 822 CONGRESSIONAL RECORD — HOUSE January 24, 1996 the problem he noted: ‘‘Considering that However, whenever federal laws were op- TRIBUTE TO THE LATE HON. Congress alone is constitutionally invested posed and their execution obstructed in any BARBARA JORDAN with the power of changing our condition state, ‘‘by combinations too powerful to be from peace to war, I have thought it my duty suppressed by the ordinary course of judicial The SPEAKER pro tempore. Under to await their authority for using force in proceedings, or by the powers vested in the the Speaker’s announced policy of May any degree which could be avoided.’’ 1 Rich- marshals by this act,’’ the President would 12, 1995, the gentlewoman from Texas ardson 377. have to be first notified of that fact by an [Ms. JACKSON-LEE] is recognized for 60 Military conflicts in the Mediterranean Associate Justice of the Supreme Court or minutes as the designee of the minor- continued after Jefferson left office. The Dey by a federal district judge. Only after that ity leader. of Algiers made war against U.S. citizens notice could the President call forth the mi- Ms. JACKSON-LEE of Texas. Mr. trading in that region and kept some in cap- litia of the state to suppress the insurrec- Speaker, many fear the future, many tivity. With the conclusion of the War of 1812 tion. Id., § 2. are distrustful of their leaders, and be- with England, President Madison rec- ommended to Congress in 1815 that it declare In the legislation authorizing the Quasi- lieve that their voices are never heard. war on Algiers: ‘‘I recommend to Congress War of 1798, Congress placed limits on what Many seek only to satisfy their private the expediency of an act declaring the exist- President Adams could and could not do. One work wants and to satisfy their private ence of a state of war between the United statute authorized him to seize vessels sail- interests. But this is the great danger States and the Dey and Regency of Algiers, ing to French ports. He acted beyond the America faces, that we will cease to be and of such provisions as may be requisite terms of this statute by issuing an order di- one Nation and become, instead, a col- recting American ships to capture vessels for a vigorous prosecution of it to a success- lection of interest groups, city against ful issue.’’ 2 Richardson 539. Instead of a dec- sailing to or from French ports. A naval cap- tain followed his order by seizing a Danish suburb, region against region, individ- laration of war, Congress passed legislation ual against individual, each seeking to ‘‘for the protection of the commerce of the ship sailing from a French port. He was sued United States against the Algerine cruisers.’’ for damages and the case came to the Su- satisfy private wants. The first line of the statute read: ‘‘Whereas preme Court. Chief Justice John Marshall Mr. Speaker, if that happens, who the Dey of Algiers, on the coast of Barbary, ruled for a unanimous Court that President then will speak for America? Who then has commenced a predatory warfare against Adams had exceeded his statutory authority. will speak for America? What are those the United States. . . .’’ Congress gave Madi- Little v. Barreme, 6 U.S. (2 Cr.) 169 (1804). of us who are elected public officials son authority to use armed vessels for the The Neutrality Act of 1794 led to numerous supposed to do? I will tell you this, we purpose of protecting the commerce of U.S. cases before the federal courts. In one of the as public servants must set an example seamen on the Atlantic, the Mediterranean, significant cases defining the power of Con- for the rest of the Nation. It is hypo- and adjoining seas. U.S. vessels (both govern- gress to restrict presidential war actions, a critical for the public official to ad- mental and private) could ‘‘subdue, seize, circuit court in 1806 reviewed the indictment monish and exhort the people to uphold and make prize of all vessels, goods and ef- of an individual who claimed that his mili- fects of or belonging to the Dey of Algiers.’’ tary enterprise against Spain ‘‘was begun, the common good if we are derelict in 3 Stat. 230 (1815). prepared, and set on foot with the knowledge upholding the common good. More is An American flotilla set sail for Algiers, and approbation of the executive department required of public officials than slogans where it captured two of the Dey’s ships and of the government.’’ United States v. Smith, and handshakes and press releases. forced him to stop the piracy, release all 27 Fed. Cas. 1192, 1229 (C.C.N.Y. 1806) (No. More is required. We must hold our- captives, and renounce the practice of an- 16,342). The court repudiated his claim that a selves strictly accountable. We must nual tribute payments. Similar treaties were President could authorize military adven- provide the people with a vision of the obtained from Tunis and Tripoli. By the end tures that violated congressional policy. Ex- future. of 1815, Madison could report to Congress on ecutive officials were not at liberty to waive the successful termination of the war with statutory provisions: ‘‘if a private individ- Mr. Speaker, that was from Barbara Algiers. ual, even with the knowledge and approba- Jordan, 1976, at the Democrat Conven- LEGISLATIVE CONTROLS ON PROSPECTIVE tion of this high and preeminent officer of tion. ACTIONS our government [the President], should set Mr. Speaker, last week we lost an Can Congress only authorize and declare on foot such a military expedition, how can American hero. Barbara Jordan died war, or may it also establish limits on pro- be expect to be exonerated from the obliga- last week on Wednesday, January 17, spective presidential actions? The statutes tion of the law?’’ The court said that the 1996, a friend to many, a mentor, and authorizing President Washington to ‘‘pro- President ‘‘cannot control the statute, nor an icon. The late honorable Congress- tect the inhabitants’’ of the frontiers ‘‘from dispense with its execution, and still less can woman, Barbara Jordan, who not only hostile incursions of the Indians’’ were inter- he authorize a person to do what the law for- bids. If he could, it would render the execu- represented the 18th Congressional Dis- preted by the Washington administration as trict of Texas that I am now privileged authority for defensive, not offensive, ac- tion of the laws dependent on his will and tions. 1 Stat. 96, § 5 (1789); 1 Stat. 121, § 16 pleasure; which is a doctrine that has not to serve, was one of the first two Afri- (1790); 1 Stat. 222 (1791). Secretary of War been set up, and will not meet with any sup- can-Americans from the South to be Henry Knox wrote to Governor Blount on Oc- porters in our government. In this particu- elected to this august body since recon- tober 9, 1792: ‘‘The Congress which possess lar, the law is paramount.’’ The President struction. She was a renaissance the powers of declaring War will assemble on could not direct a citizen to conduct a war woman, eloquent, fearless, and peerless the 5th of next Month—Until their judg- ‘‘against a nation with whom the United in her pursuit of justice and equality. ments shall be made known it seems essen- States are at peace.’’ Id. at 1230. The court asked: ‘‘Does [the President] possess the She exhorted all of us to strive for ex- tial to confine all your operations to defen- cellence, stand fast for justice and fair- sive measures.’’ 4 The Territorial Papers of power of making war? That power is exclu- the United States 196 (Clarence Edwin Carter sively vested in congress. . . . it is the exclu- ness, and yield to no one in the matter ed. 1936). President Washington consistently sive province of Congress to change a state of defending this Constitution and up- held to this policy. Writing in 1793, he said of peace in a state of war. Id. holding the most sacred principles of a that any offensive operations against the democratic government. To Barbara Creek Nation must await congressional ac- f Jordan, the Constitution was a very tion: ‘‘The Constitution vests the power of profound document, one to be upheld. declaring war with Congress; therefore no of- The lady, Barbara Jordan, the first fensive expedition of importance can be un- REPORT ON RESOLUTION WAIVING REQUIREMENT OF CLAUSE 4(b) black woman elected to the Texas Sen- dertaken until after they have deliberated ate, was born February 21, 1936, the upon the subject, and authorized such a OF RULE XI WITH RESPECT TO measure.’’ 33 The Writings of George Wash- SAME CONSIDERATION OF CER- daughter of Benjamin and Arlene Jor- ington 73. TAIN RESOLUTIONS dan. The youngest daughter of a Bap- The statute in 1792, upon which President tist minister, she lived with her two Washington relied for his actions in the Mr. MCINNIS, from the Committee sisters in the Lyons Avenue area of Whiskey Rebellion, conditioned the use of on Rule, submitted a privilege report Houston’s Fifth Ward. The church military force by the President upon an un- (Rept. No. 104–453) on the resolution (H. played an important role in her life. usual judicial check. The legislation said Res. 342) waiving a requirement of She joined the Good Hope Baptist that whenever the United States ‘‘shall be clause 4(b) of rule XI with respect to Church on August 15, 1953, under the invaded, or be in imminent danger of inva- sion from any foreign nation or Indian consideration of certain resolution re- leadership of Rev. A.A. Lucas, graduat- tribe,’’ the President may call forth the ported from the Committee on Rules, ing with honors from Houston’s Phyllis state militias to repel such invasions and to which was referred to the House Cal- Wheatley High School in the Houston suppress insurrections.’’ 1 Stat. 264, § 1 (1792). endar and ordered to be printed. Independent School District.