22 April 2004
Mr. NEY. Mr. Chairman, I yield 1
minute to the gentleman from Texas
(Mr. PAUL).
(Mr. PAUL asked and was given permission
to revise and extend his remarks.)
2004 Ron Paul 28:1
Mr. PAUL. Mr. Chairman, as a cosponsor I am very pleased to support
H.R. 2844, the Continuity in Representation
Act.
2004 Ron Paul 28:2
H.R. 2844 provides a practical and constitutional way to ensure that the
House of Representatives can continue
to operate in the event that more than
100 Members are killed. H.R. 2844 thus
protects the peoples right to choose
their Representative at a time when
such a right may be most important,
while ensuring continuity of the legislative
branch.
2004 Ron Paul 28:3
The version of H.R. 2844 before Congress today was drafted with input
from the State election commissioners
to make sure it sets realistic goals and
will not unduly burden State governments.
2004 Ron Paul 28:4
Mr. Chairman, there are those who say the power of appointment is necessary
in order to preserve checks and
balances and prevent an abuse of executive
power during a time of crisis. Of
course, I agree that is a very important
point to carefully guard against and
protect our constitutional liberties,
and that an overcentralization of
power in the executive branch is one of
the most serious dangers to our liberties.
However, during a time of crisis,
it is all the more important to have
Representatives accountable to the
people.
2004 Ron Paul 28:5
Otherwise, the citizenry has no check on the inevitable tendency of government
to infringe on the peoples liberties
at such a time.
2004 Ron Paul 28:6
Supporters of amending the constitution claim that the appointment power
will be necessary in the event of an
emergency and that the appointed representatives
will only be temporary.
However, the laws passed by these
temporary representatives will be
permanent.
2004 Ron Paul 28:7
The Framers gave Congress all the tools it needs to address problems of
mass vacancies in the House without
compromising this institutions primary
function as a representative
body. In fact, as Hamilton explains in
Federalist 59, the time, place, and
manner clause was specifically designed
to address the kind of extraordinary
circumstances imagined by
those who support amending the Constitution.
In conclusion, I urge my colleagues
to support H.R. 2844, the Continuity
in Representation Act, which
ensures an elected Congress can continue
to operate in the event of an
emergency.
2004 Ron Paul 28:8
Mr. Chairman, I am pleased to support H.R. 2844, the Continuity in Representation Act, introduced
by my distinguished colleague,
House Judiciary Committee Chairman JAMES
SENSENBRENNER. H.R. 2844 provides a practical
and Constitutional way to ensure that the
House of Representatives can continue to operate
in the event that more than 100 members
are killed, H.R. 2844 thus protects the
peoples right to choose their representatives
at the time when such a right may be most important,
while ensuring continuity of the legislative
branch.
2004 Ron Paul 28:9
Article I Section 2 of the United States Constitution grants state governors the authority to
hold special elections to fill vacancies in the
House of Representatives. Article I, Section 4
of the Constitution gives Congress the authority
to designate the time, place, and manner of
such special elections if states should fail to
act expeditiously following a national emergency.
Alexander Hamilton, who played a
major role in the drafting and ratification of the
United States Constitution, characterized authority
over federal elections as shared between
the states and Congress, with neither
being able to control the process entirely. H.R.
2844 exercises Congresss power to regulate
the time, place, and manner of elections by requiring
the holding of special elections within
45 days after the Speaker or acting Speaker
declares 100 members of the House have
been killed.
2004 Ron Paul 28:10
I have no doubt that the people of the states are quite competent to hold elections in a
timely fashion. After all, it is in each states interest
to ensure it has adequate elected representation
in Washington. The version of
H.R. 2844 before Congress today was drafted
with input from state elections commissioners
to make sure it sets realistic goals and will not
unduly burden state governments.
2004 Ron Paul 28:11
I am disappointed that some of my colleagues reject the sensible approach of H.R.
2844 and instead support amending the Constitution
to allow appointed members to serve
in this body. Allowing appointed members to
serve in the peoples house will fundamentally
alter the nature of this institution and
sever the peoples most direct connection with
their government.
2004 Ron Paul 28:12
Even with the direct election of Senators, the fact that members of the House are elected
every 2 years while Senators run for statewide
office every 6 years means that members
of the House of Representatives are still
more accountable to the people than members
of any other part of the federal government.
Appointed members of Congress simply cannot
be truly representative. James Madison
and Alexander Hamilton eloquently made this
point in Federalist 52: As it is essential to liberty
that the government in general should
have a common interest with the people, so it
is particularly essential that the branch of it
under consideration should have an immediate
dependence on, and an intimate sympathy
with, the people. Frequent elections are unquestionably
the only policy by which this dependence
and sympathy can be effectually secured.
2004 Ron Paul 28:13
Mr. Chairman, there are those who say that the power of appointment is necessary in
order to preserve checks and balances and
thus prevent an abuse of executive power during
a time of crisis. Of course, I agree that it
is very important to carefully guard our constitutional
liberties in times of crisis, and that
an over-centralization of power in the executive
branch is one of the most serious dangers
to that liberty. However, Mr. Chairman, during
a time of crisis it is all the more important to
have representatives accountable to the people.
Otherwise, the citizenry has no check on
the inevitable tendency of Government to infringe
on the peoples liberties at such a time.
I would remind my colleagues that the only
reason we are considering reexamining provisions
of the PATRIOT Act is because of public
concerns that this act gives up excessive liberty
for a phantom security. Appointed officials
would not be as responsive to public concerns.
2004 Ron Paul 28:14
Supporters of amending the constitution claim that the appointment power will be necessary
in the event of an emergency and that
the appointed representatives will only be temporary.
However, the laws passed by these
temporary representatives will be permanent.
2004 Ron Paul 28:15
Mr. Chairman, this country has faced the possibility of threats to the continuity of this
body several times in our history. Yet no one
suggested removing the peoples right to vote
for members of Congress. For example, the
British in the War of 1812 attacked the city of
Washington, yet nobody suggested the States
could not address the lack of a quorum in the
House of Representatives through elections.
During the Civil War, the neighboring State of
Virginia, where today many Capitol Hill staffers
reside and many members stay while Congress
is in session, was actively involved in
hostilities against the United States Government.
Yet, Abraham Lincoln never suggested
that non-elected persons serve in the House.
Adopting any of the proposals to deny the
people the ability to choose their own representatives
would let the terrorists know that
they can succeed in altering our republican institutions.
I hope all my colleagues who are
considering rejecting H.R. 2844 in favor of a
Constitutional amendment will question the
wisdom of handing terrorists a preemptive victory
over republican government.
2004 Ron Paul 28:16
As noted above, the Framers gave Congress all the tools it needs to address problems
of mass vacancies in the House without
compromising this institutions primary function
as a representative body. In fact, as Hamilton
explains in Federalist 59, the time, place, and
manner clause was specifically designed to
address the kind of extraordinary circumstances
imagined by those who support
amending the Constitution. In conclusion, I
urge my colleagues to support H.R. 2844, the
Continuity in Representation Act, which ensures
an elected Congress can continue to
operate in the event of an emergency. This is
what the Drafters of the Constitution intended.
Furthermore, passage of H.R. 2844 sends a
strong message to terrorists that they cannot
alter our republican government.