EXTENSIONS of REMARKS December 19, 1987 EXTENSIONS of REMARKS the TREATY TERMINATION Process

36646 EXTENSIONS OF REMARKS December 19, 1987 EXTENSIONS OF REMARKS THE TREATY TERMINATION process. In 1978, President Carter unilaterally TRIBUTE TO F. JOSEPH RIGNEY PROCEDURE ACT OF 1987 abrogated our mutual defense treaty with Taiwan, in order to recognize the People's Re HON. RON PACKARD public of China. In 1984, the Reagan adminis HON. EDWARD F. FEIGHAN tration unilaterally withdrew the United States OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES OF OHIO from the International Court of Justice, at IN THE HOUSE OF REPRESENTATIVES tempting to avoid an impending Court decision Friday, December 18, 1987 Friday, December 18, 1987 that the United States' mining of Nicaraguan Mr. PACKARD. Mr. Speaker, today I rise on harbors violated international law. Mr. FEIGHAN. Mr. Speaker, for almost two the occasion of the upcoming retirement of centuries, cooperation between the executive Yet despite these recent executive attempts Mr. F. Joseph Rigney, a dedicated husband, and legislative branches has been a corner to monopolize the treaty termination power, father, and educator, from the Fallbrook Union stone of American foreign policy. This coop the courts have nevertheless strongly en High School District. Mr. Rigney has served eration has helped contribute to our standing dorsed a legislative role. In Goldwater versus his country with both an honorable military as a leader among nations. Indeed, it has set Carter (1979), the Supreme Court reviewed a career as well as a successful civilian career an example for other constitutional democra suit by Members of Congress challenging the in education. cies around the world. exclusion of the legislative branch from the In November 1942, Mr. Rigney answered the call of his country and enlisted in the U.S. However, recent administrations have failed decision to terminate the treaty with Taiwan. Marine Corps. He joined the 1st Marine Para to continue this tradition of cooperation, par The Court dismissed the case without reach chute Battalion, seeing action in the Valla La ticularly with respect to the termination of ing the merits. Nevertheless, a plurality con valla and Bougainvillia campaigns. After an treaties. If this disturbing trend is allowed to cluded that the issue was a nonjusticiable po honorable discharge in January 1946, Mr. continue, it would be possible for an unrea litical question better left for Congress and the Rigney rejoined the Marines in September sonable President to withdraw us from a cru President to settle themselves. 1948 and participated in the Inchon and cial international commitment without the con With this legislation, Congress takes the ap stitutional balance of legislative advice, and Wonsan landings of the Korean conflict. Sev propriate formal action necessary to preserve with potentially tragic consequences. Today, eral Pacific assignments later, Joe Rigney re its constitutional role in the treaty termination we are introducing legislation to ensure con tired from his post in Hawaii as a gunnery ser gressional participation-and mandate presi process. The bill would simply require con geant. dential accountability-in the treaty termina gressional approval to terminate any treaty or His relationship with education began in tion process. treaty provision approved by Congress. It 1965 when the Fallbrook Union High School would not affect routine, nonpolitical executive District named him as their business manager. Congress has a long and well-established agreements. Nor would it affect treaties that Showing much dedication and commitment to role in foreign policy decision making. Yet cur may be abrogated by their own terms, or trea his school district, Mr. Rigney was promoted rent practice allows a treaty that is painstak ties that are superseded by subsequent, in in 1977 to be assistant superintendent for ingly negotiated by the executive branch and business services. It was not long before his ratified by Congress to be unilaterally termi consistent statutes. Finally, by requiring a con gressional rather than only a Senate role in reputation for keen foresight and personal in nated by the stroke of a President's pen. This volvement in school financing planning spread practice, because it circumvents Congress, treaty termination, it would avoid running afoul of the constitutional prohibition on one-House throughtout California. may undermine the integrity of the entire ratifi For his school district of Fallbrook, Mr. Joe legislative vetoes. cation process. The proposed legislation Rigney's accomplishments are numerous. He would correct this imbalance. Recent American history underscores the played a vital role when the Fallbrook district Although the Constitution does not explicitly importance of cooperation between the Con was selected to pilot the planning, program provide for the termination of treaties, the writ gress and the President in the conduct of for ming and budgeting system, which is currently ings of the Founding Fathers evidence a clear eign policy. The War Powers Resolution, used by Fallbrook and many other districts. belief that Congress would play an active role. which balances these executive and legisla He has played a significant part in the devel Jefferson stated in his manual that, "Treaties tive powers, is a product of that history. opment of the Fallbrook campus and has being declared, equally with the laws of the Like the War Powers Resolution, this bill carefully monitored the costs and qualities of United States, to be the supreme law of the the campus which has more than doubled its would help guarantee Congress' role in the land, it is understood that an act of the legis facilities since his initial employment. lature along can declare them infringed and formulation of foreign policy. It would prevent The Federal Government honored Fallbrook rescinded." Madison concurred, explaining unilateral Presidential treaty terminations and with a designation as exemplary school in "That the contracting powers can annul the . ensure that decisions affecting foreign policy 1984 and a visit by then Secretary of Educa Treaty cannot, I presume, be questioned, the would be accountable to the people. tion Terrell Bell-a major accomplishment for same authority, precisely, being exercised in the district and a personal highpoint of Rig annulling as in making a treaty." Indeed, Con Mr. Speaker, although the task of formulat ney's tenure. He was recently presented with gress' function in the treaty termination proc ing the appropriate role of Congress with a plaque in gratitude for his outstanding serv ess derives from an additional basis: its power regard to treaty terminations is extraordinarily ice to the California Impact Aid Association to make all laws "necessary and proper." complex, we cannot afford to ignore it. If we and the National Association for Federally Im pacted Schools. Recognizing this constitutional underpinning allow this sweeping broad assertion of execu Mr. Rigney and his wife Audrey have three for Congress' role, the President has tradition tive authority to go unchallenged, the treaty children-each of whom have graduated from ally worked with Congress in terminating trea termination power will become a citadel of Fallbrook Union High School and later from ties. The vast majority of treaty terminations California Universities. has included some form of mutual action. Presidential authority. When Joe Rigney retires at the end of this I look forward to working with fellow Mem But for the past several years, administra year, he will leave behind a legacy that is the tions have attempted to short-circuit congres bers of Congress to enact this crucial legisla thriving Fallbrook Union High School campus. sional involvement in the treaty termination tion. We may rest assured however, that his efforts e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. December 19, 1987 EXTENSIONS OF REMARKS 36647 over the years will continue to touch the daily ployment rate. Federal financial participa ditions to the Federal Aviation Administration lives of the students on whose behalf he has tion would be on a sliding scale, replacing or to Congress. worked so hard. It is truly a pleasure to high the current 50-50 rate. The bill would allow This bill amends the Federal Aviation Act of a state to use its total unemployment rate light the achievements of F. Joseph Rigney. <TUR) to determine EB eligibility and bene 1958 to prohibit employers from retaliating His dedication and loyalty to a cause may be fits. It also provides for a demonstration of against employees who provide Congress or admired by each of us. the feasibility of using substate t!'iggers in Federal agencies with information concerning place of the current whole-state trigger to aircraft safety. The bill protects persons who activate the EB program in areas of high operate or assist in the operation of aircraft, UNEMPLOYMENT and prolonged unemployment. COMPENSATION mechanics and other maintenance personnel, Provide for a demonstration of financial and air traffic controllers and assistants. incentives for the State to enroll more UI recipients in training, so that the unem The legislation requires the FAA Administra HON. HOWARD WOLPE tor to investigate and rule on employee com OF MICHIGAN ployed can use idle time productively to learn

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