S148 CONGRESSIONAL RECORD — SENATE January 6, 2009 SENATE RESOLUTION 4—EXPRESS- is inflicted, and no matter how heinous the alty for child rape should not be viewed by ING THE SENSE OF THE SENATE perpetrator’s prior criminal record may be’’; Federal or State courts as binding precedent, THAT THE SUPREME COURT OF Whereas, in the , the people, because the Supreme Court was operating THE UNITED STATES ERRO- not the Government, are sovereign; under a mistaken view of Federal law; and Whereas the Constitution of the United (7) the Supreme Court should reverse its NEOUSLY DECIDED KENNEDY V. States is supreme and deserving of the peo- decision in Kennedy v. Louisiana, on rehear- LOUISIANA, NO. 07–343 (2008), AND ple’s allegiance; ing or in a future case, because the decision THAT THE EIGHTH AMENDMENT Whereas the framers of the eighth amend- was supported by neither commonly held be- TO THE CONSTITUTION OF THE ment did not intend to prohibit the death liefs about ‘‘cruel and unusual punishment’’, UNITED STATES ALLOWS THE penalty for child rape; nor by the text, structure, or history of the IMPOSITION OF THE DEATH PEN- Whereas the imposition of the death pen- Constitution of the United States. alty for child rape has never been within the ALTY FOR THE RAPE OF A f CHILD plain and ordinary meaning of ‘‘cruel and un- usual punishment’’, neither now nor at the SENATE RESOLUTION 5—EXPRESS- Mr. VITTER submitted the following adoption of the eighth amendment; ING THE SUPPORT FOR PRAYER resolution; which was referred to the Whereas instead of construing the eighth AT SCHOOL BOARD MEETINGS Committee on the Judiciary: amendment’s prohibition of ‘‘cruel and un- S. RES. 4 usual punishment’’ according to its original Mr. VITTER submitted the following meaning or its plain and ordinary meaning, resolution; which was referred to the Whereas 1 out of 3 sexual assault victims is the Court followed a two-step approach of under 12 years of age; Committee on Health, Education, first attempting to discern a national con- Labor, and Pensions. Whereas raping a child is a particularly de- sensus regarding the appropriateness of the praved, perverted, and heinous act; death penalty for child rape and then apply- S. RES. 5 Whereas child rape is among the most mor- ing the Justices’ own independent judgment Whereas the freedom to practice religion ally reprehensible crimes; in light of their interpretation of a national and to express religious thought is acknowl- Whereas child rape is a gross defilement of consensus and evolving standards of decency; edged to be a fundamental and unalienable innocence that should be severely punished; Whereas, to the extent that a national con- right belonging to all individuals; Whereas a raped child suffers immeas- sensus is relevant to the meaning of the Whereas the United States was founded on urable physical, psychological, and emo- eighth amendment, there is national con- the principle of freedom of religion and not tional harm from which the child may never sensus in favor of the death penalty for child freedom from religion; recover; rape, as evidenced by the adoption of that Whereas the framers intended that the Whereas the Federal Government and penalty by the elected branches of the Fed- first amendment to the Constitution would State governments have a right and a duty eral Government only 2 years ago, and by the prohibit the Federal Government from en- to combat, prevent, and punish child rape; swift denunciations of the Kennedy v. Lou- acting any law that favors one religious de- Whereas the popularly elected representa- isiana decision by the presumptive nominees nomination over another, not prohibit any tives of Louisiana modified the rape laws of for President of both major political parties; mention of religion or reference to God in the State in 1995, making the aggravated Whereas the evolving standards of decency civic dialogue; rape of a child 11 years of age or younger is an arbitrary construct without foundation Whereas in 1983, the Supreme Court held in punishable by death, life imprisonment with- in the Constitution of the United States and Marsh v. Chambers, 463 U.S. 783, that the out parole, probation, or suspension of sen- should have no bearing on Justices who are practice of opening legislative sessions with tence, as determined by a jury; bound to interpret the laws of the United prayer has become part of the fabric of our Whereas on March 2, 1998, Patrick Ken- States; society and invoking divine guidance on a nedy, a resident of Louisiana, brutally raped Whereas the standards of decency in the public body entrusted with making the laws his 8-year-old stepdaughter; United States have evolved toward approval is not a violation of the Establishment Whereas the injuries inflicted on the child of the death penalty for child rape, as evi- Clause of the first amendment, but rather is victim by her stepfather were described by denced by 6 States and the Federal Govern- simply a tolerable acknowledgment of beliefs an expert in pediatric forensic medicine as ment adopting that penalty in the past 13 widely held among the people of the Nation; ‘‘the most severe he had seen from a sexual years; Whereas voluntary prayer in elected bodies assault’’; Whereas the Supreme Court rendered its should not be limited to prayer in State leg- Whereas the cataclysmic injuries to her 8- opinion without knowledge of a Federal law islatures and Congress; year-old body required emergency surgery; authorizing the death penalty for child rap- Whereas school boards are deliberative Whereas a jury of 12 Louisiana citizens ists; bodies of adults similar to a legislature in convicted Patrick Kennedy of this depraved Whereas the Federal law authorizing the that they are elected by the people, act in crime, and unanimously sentenced him to death penalty for child rapists was passed by the public interest, and hold sessions that death; Congress and signed by the President 2 years are open to the public for voluntary attend- Whereas the Supreme Court of Louisiana before the Supreme Court released the deci- ance; and upheld this sentence, holding that the death sion; and Whereas voluntary prayer by an elected penalty was not an excessive punishment for Whereas the Court presumably would have body should be protected under law and en- Kennedy’s crime; deferred to the elected branches of govern- couraged in society because voluntary pray- Whereas the Supreme Court of Louisiana ment in determining a national consensus er has become a part of the fabric of our soci- relied on precedent interpreting the eighth regarding evolving standards of decency had ety, voluntary prayer acknowledges beliefs amendment to the Constitution of the it been aware of the Federal law authorizing widely held among the people of the Nation, United States; the death penalty for child rapists at the and the Supreme Court has held that it is Whereas on June 25, 2008, the Supreme time that it made the decision: Now, there- not a violation of the Establishment Clause Court of the United States held in Kennedy fore, be it for a public body to invoke divine guidance: v. Louisiana, No. 07–343 (2008), that executing Resolved, That it is the sense of the Senate Now, therefore, be it Patrick Kennedy for the rape of his step- that— Resolved, That the Senate— daughter would be ‘‘cruel and unusual pun- (1) the depraved conduct of the worst child (1) recognizes that prayer before school ishment’’; rapists merits the death penalty; board meetings is a protected act in accord- Whereas the Supreme Court, in the 5–4 de- (2) standards of decency allow, and some- ance with the fundamental principles upon cision, overturned the judgment of Louisi- times compel, the death penalty for child which the Nation was founded; and ana’s elected officials, the citizens who sat rape; (2) expresses support for the practice of on the jury, and the Louisiana Supreme (3) the eighth amendment to the Constitu- prayer at the beginning of school board Court; tion of the United States allows the death meetings. Whereas this decision marked the first penalty for the rape of a child where the time that the Supreme Court held that the crime did not result, and was not intended to f death penalty for child rape was unconstitu- result, in death of the victim; SENATE RESOLUTION 6—EXPRESS- tional; (4) the Louisiana statute making child ING SOLIDARITY WITH ISRAEL Whereas, as Justice Alito observed in his rape punishable by death is constitutional; dissent, the opinion of the majority was so (5) the Supreme Court of the United States IN ISRAEL’S DEFENSE AGAINST broad that it precludes the Federal Govern- should grant any petition for rehearing of TERRORISM IN THE GAZA STRIP ment and State governments from author- Kennedy v. Louisiana, No. 07–343 (2008), be- Mr. VITTER submitted the following izing the death penalty for child rape ‘‘no cause the case was decided under a mistaken resolution; which was referred to the matter how young the child, no matter how view of Federal law; Committee on Foreign Relations: many times the child is raped, no matter (6) the portions of the Kennedy v. Lou- how many children the perpetrator rapes, no isiana decision regarding the national con- S. RES. 6 matter how sadistic the crime, no matter sensus or evolving standards of decency with Whereas the state of Israel is the greatest how much physical or psychological trauma respect to the imposition of the death pen- ally of the United States in the Middle East;

VerDate Nov 24 2008 05:57 Jan 07, 2009 Jkt 079060 PO 00000 Frm 00148 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JA6.245 S06JAPT1 wwoods2 on PRODPC68 with SENATE January 6, 2009 CONGRESSIONAL RECORD — SENATE S149 Whereas the Hamas terror organization’s rely in these perilous and challenging times: braska, Mr. PRYOR, Mr. RISCH, Mr. ROB- charter calls for the destruction of the state Now, therefore, be it ERTS, Mr. ROCKEFELLER, Mr. SALAZAR, of Israel; Resolved, That— Whereas Palestinian terrorists of the Is- (1) it is the sense of the Senate that the Mr. SANDERS, Mr. SCHUMER, Mr. SES- lamic Jihad and Hamas in the Gaza Strip, re- month of November should be designated as SIONS, Mrs. SHAHEEN, Mr. SHELBY, Ms. cently have fired hundreds of rockets at ci- ‘‘National Military Family Month’’; and SNOWE, Mr. SPECTER, Ms. STABENOW, vilian targets in southern Israel, ending a 6- (2) the Senate encourages the people of the Mr. TESTER, Mr. THUNE, Mr. UDALL of month ceasefire with Israel, in declaration United States to observe National Military and in deed; Family Month with appropriate ceremonies Colorado, Mr. UDALL of New Mexico, Whereas, during the 6-month ‘‘state of and activities. Mr. VITTER, Mr. VOINOVICH, Mr. WAR- calm’’, the Government of Israel allowed the Mr. INOUYE. Mr. President, today I NER, Mr. WEBB, Mr. WICKER, and Mr. entry of approximately 17,000 truckloads of rise to honor all our military families WYDEN) submitted the following reso- humanitarian aid supplies into the Gaza lution; which was considered and Strip, while Palestinian terrorists launched by introducing a resolution to des- 538 rockets and mortars into Israel; ignate November as National Military agreed to: Whereas the latest terrorist attacks on Family Month. As we all know, memo- S. RES. 8 Israel took place only days after the United ries fade, and the hardships experi- Nations Security Council adopted Resolution enced by our military families are eas- Whereas Claiborne Pell represented the 1850, which unanimously declared support for ily forgotten unless they touch our own people of with distinction for 36 years in the , from 1961 the peace process between the Palestinians immediate family. to 1997, and was the longest-serving Senator and Israelis; Today, we have our men and women in Rhode Island’s history; Whereas, since the most recent terrorist deployed all over the world, engaged in attacks and its military operation that Whereas Claiborne Pell served in the began on December 27, 2008, the Government this war on terrorism. These far-rang- United States Coast Guard and the Coast of Israel has allowed the entry of hundreds of ing military deployments are ex- Guard Reserve, beginning in 1941 and retiring truckloads of humanitarian aid supplies into tremely difficult on the families who in 1978 with the rank of ; the Gaza Strip, in full coordination with bear this heavy burden. Whereas Claiborne Pell participated in the donor Arab countries and international aid To honor these families, the Armed 1945 United Nations Conference on Inter- organizations, including the Red Cross, out Services YMCA has sponsored Military national Organization that established the of respect for human rights and human life Family Week in late November since United Nations, and was a champion of the and in an effort to minimize the hardship 1996. However, due to frequent ‘‘short United Nations throughout his life; and suffering of the Palestinian people; week’’ conflicts around the Thanks- Whereas Claiborne Pell served as a Foreign Whereas the military operations of the Service Officer from 1945 to 1952; Government of Israel constitute an effort to giving holidays, the designated week Whereas Claiborne Pell sponsored the leg- defend the people of Israel, which is the Gov- has not always afforded enough time to islation that, in 1965, created the National ernment’s moral duty in response to the un- schedule observances on and near our speakable horrors of ongoing, indiscriminate military bases. Endowment for the Arts and the National terrorism, and are aimed only at dimantling I believe a month long observation Endowment for the Humanities and, in 1966, created the National Sea Grant College and the terrorist infrastructure; and will allow greater opportunity to plan Whereas hundreds of innocent Israeli and Program; events. Moreover, it will provide a Whereas Claiborne Pell’s vision led to the Palestinian civilians tragically have been greater opportunity to stimulate media killed on account of ongoing escalations of creation of an improved passenger rail sys- violence initiated by Palestinian terrorist support. tem in the Northeast and across the United organizations: Now, therefore, be it A concurrent Resolution will help States; Resolved, That the Senate— pave the way for this effort. I ask my Whereas Claiborne Pell believed that eco- (1) stands in solidarity with the Govern- colleagues to join me in supporting nomic means should not be a barrier to a ment of Israel as it takes necessary steps to this tribute to our military families. higher education and sponsored legislation provide security to its people; f creating the Basic Educational Opportunity (2) remains committed to Israel’s right to Grants in 1972, which were renamed ‘‘Pell self-defense and supports additional assist- SENATE RESOLUTION 8—RELATIVE Grants’’ in 1980; ance from the United States to help Israel TO THE DEATH OF THE HONOR- Whereas Pell Grants have helped 54,000,000 defend itself; ABLE CLAIBORNE DE BORDA people in the United States secure a higher (3) condemns the end of the ceasefire by PELL, FORMER UNITED STATES education; Hamas; SENATOR FOR THE STATE OF Whereas Claiborne Pell sought to expand (4) condemns the firing of rockets into ci- vilian areas by the terrorist groups of Hamas RHODE ISLAND educational opportunities throughout his tenure as a member and as Chairman of the and the Islamic Jihad; Mr. REID (for himself, Mr. MCCON- Senate Subcommittee on Education, Arts (5) urges all Arab states to declare strong NELL, Mr. REED, Mr. WHITEHOUSE, Mr. and Humanities; opposition to terrorism and terrorist attacks AKAKA, Mr. ALEXANDER, Mr. BARRASSO, on civilians; Whereas Claiborne Pell served as Chairman Mr. BAUCUS, Mr. BAYH, Mr. BEGICH, Mr. (6) urges all parties in the Middle East to of the Senate Committee on Foreign Rela- pursue lasting peace in the region; and BENNETT, Mr. BIDEN, Mr. BINGAMAN, tions in the 100th through 103rd Congresses; (7) expresses its commitment to working to Mr. BOND, Mrs. BOXER, Mr. BROWN, Mr. Whereas Claiborne Pell was a champion of promote economic relations, bilateral trade, BROWNBACK, Mr. BUNNING, Mr. BURR, human rights who devoted himself to pro- and partnerships in technology and alter- Mr. BYRD, Ms. CANTWELL, Mr. CARDIN, moting a peaceful resolution to inter- native energy between the United States and Mr. CARPER, Mr. CASEY, Mr. national conflict and the elimination of the Israel in order to stimulate the economies of CHAMBLISS, Mrs. CLINTON, Mr. COBURN, threat of nuclear weapons; and both the United States and Israel in this Mr. COCHRAN, Ms. COLLINS, Mr. Whereas the hallmarks of Claiborne Pell’s time of crisis. CONRAD, Mr. CORKER, Mr. CORNYN, Mr. public service were unsurpassed respect, de- f CRAPO, Mr. DEMINT, Mr. DODD, Mr. cency, and civility: Now, therefore, be it SENATE RESOLUTION 7—EXPRESS- DORGAN, Mr. DURBIN, Mr. , Mr. Resolved, That— ING THE SENSE OF THE SENATE ENZI, Mr. FEINGOLD, Mrs. FEINSTEIN, (1) the Senate has heard with profound sor- REGARDING DESIGNATION OF Mr. GRAHAM, Mr. GRASSLEY, Mr. row and deep regret the announcement of the THE MONTH OF NOVEMBER AS GREGG, Mrs. HAGAN, Mr. HARKIN, Mr. death of the Honorable Claiborne Pell, ‘‘NATIONAL MILITARY FAMILY HATCH, Mrs. HUTCHISON, Mr. INHOFE, former member of the United States Senate; (2) the Secretary of the Senate commu- MONTH’’ Mr. INOUYE, Mr. ISAKSON, Mr. JOHANNS, nicate these resolutions to the House of Rep- Mr. JOHNSON, Mr. KENNEDY, Mr. KERRY, Mr. INOUYE submitted the following resentatives and transmit an enrolled copy Ms. KLOBUCHAR, Mr. KOHL, Mr. KYL, resolution; which was referred to the thereof to the family of the deceased; and Committee on the Judiciary: Ms. LANDRIEU, Mr. LAUTENBERG, Mr. (3) that when the Senate adjourns today, it EAHY EVIN IEBERMAN S. RES. 7 L , Mr. L , Mr. L , Mrs. stand adjourned as a further mark of respect LINCOLN, Mr. LUGAR, Mr. MARTINEZ, Whereas military families, through their to the memory of the Honorable Claiborne sacrifices and their dedication to the United Mr. MCCAIN, Mrs. MCCASKILL, Mr. Pell. States and its values, represent the bedrock MENENDEZ, Mr. MERKLEY, Ms. MIKUL- upon which the United States was founded SKI, Ms. MURKOWSKI, Mrs. MURRAY, Mr. and upon which the country continues to NELSON of Florida, Mr. NELSON of Ne-

VerDate Nov 24 2008 05:57 Jan 07, 2009 Jkt 079060 PO 00000 Frm 00149 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JA6.250 S06JAPT1 wwoods2 on PRODPC68 with SENATE