Mrs. MYRICK. Mr. Speaker, I yield
31/2 minutes to the gentleman from
Texas (Mr. PAUL).
(Mr. PAUL asked and was given permission
to revise and extend his remarks.)
1999 Ron Paul 74:1 Mr. PAUL.
Mr. Speaker, I rise in support
of this rule but in opposition to
the bill.
1999 Ron Paul 74:2 Mr. Speaker, as a legislature of enumerated
powers, Congress may enact
laws only for constitutionally authorized
purposes. Despite citing the general
welfare and commerce clause, the
purpose of H.R. 1691 is obviously to
“protect religious liberty.” However,
Congress has been granted no power to
protect religious liberty. Rather, the
first amendment is a limitation on congressional
power. The first amendment
of the United States Constitution provides
that Congress shall make no law
prohibiting the free exercise of religion,
yet H.R. 1691 specifically prohibits
the free exercise of religion because
it authorizes a government to
substantially burden a person’s free exercise
if the government demonstrates
some nondescript, compelling interest
to do so.
1999 Ron Paul 74:3 The U.S. Constitution vests all legislative
powers in Congress and requires
Congress to define government policy
and select the means by which that
policy is to be implemented. Congress,
in allowing religious free exercise to be
infringed using the least restrictive
means whenever government pleads a
compelling interest without defining
either what constitutes least restrictive
or compelling interest delegates,
to the courts legislative powers to
make these policy choices constitutionally
reserved to the elected body.
1999 Ron Paul 74:4 Nowhere does H.R. 1691 purport to enforce
the provisions of the fourteenth
amendment as applied to the States.
Rather, its design imposes a national
uniform standard of religious liberty
protected beyond that allowed under
the United States Constitution, thereby
intruding upon the powers of the
State to establish their own policies
governing protection of religious liberty
as preserved under the tenth
amendment. The interstate commerce
clause was never intended to be used to
set such standards for the entire Nation.
1999 Ron Paul 74:5 Admittedly, instances of State government
infringement of religious exercise
can be found in various forms
and in various States, most of which,
however, occur in government-operated
schools, prisons and so-called government
enterprises and as a consequence
of Federal Government programs. Nevertheless,
it is reasonable to believe
that religious liberty will be somehow
better protected by enacting national
terms of infringement, a national infringement
standard which is ill-defined
by a Federal legislature and further
defined by Federal courts, both of
which are remote from those whose
rights are likely to be infringed.
1999 Ron Paul 74:6 If one admires the Federal government’s
handling of the abortion question,
one will have to wait with even
greater anticipation to witness the
Federal government’s handiwork with
respect to religious liberty.
1999 Ron Paul 74:7 To the extent governments continue
to expand the breadth and depth of
their reach into those functions formally
assumed by private entities, governments
will continue to be caught in
a hopeless paradox where intolerance
of religious exercise in government facilities
is argued to constitute establishment
and, similarly, restrictions of
religious exercise constitute infringement.
1999 Ron Paul 74:8 Mr. Speaker, our Nation does not
need an unconstitutional Federal
standard of religious freedom. We need
instead for government, including the
courts, to respect its existing constitutional
limitations so we can have true
religious liberty.
Notes:
1999 Ron Paul 74:2
first amendment probably should be capitalized: First Amendment.
1999 Ron Paul 74:4
fourteenth amendment probably should be capitalized: Fourteenth Amendment.
1999 Ron Paul 74:4
tenth amendment probably should be capitalized: Tenth Amendment.
1999 Ron Paul 74:4
The interstate commerce clause probably should be capitalized: The Interstate Commerce Clause.
1999 Ron Paul 74:7
those functions formally assumed by private entities probably should be
those functions formerly assumed by private entities.
