HON. RON PAUL OF TEXAS
BEFORE THE US HOUSE OF REPRESENTATIVES
June 2, 2004
The House of Representatives Must be Elected!
2004 Ron Paul 36:1
Mr. Speaker, I rise in opposition to H.J.Res. 83, which amends the United
States Constitution to allow appointed persons to fill vacancies in the
House of
Representatives in the event of an emergency. Since the Continuity of
Government
(COG) Commission first proposed altering our system of government by
allowing
appointed members to serve in this body. I, along with other members of
Congress, journalists, academics, and policy experts, have expressed
concerns
that having appointed members serve in the House of Representatives is
inconsistent with the House’s historic function as the branch of
Congress most
directly accountable to the people.
2004 Ron Paul 36:2
Even with the direct election of Senators, the fact that
members of the House of Representatives are elected every two years
(while
Senators run for statewide office every six years) means that members
of the
House 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 36:3
Mr. Speaker, 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. 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. Speaker, during a
time of
crisis it is all the more important to have representatives accountable
to the
people making the laws. Otherwise, the citizenry has no check on the
inevitable
tendency of government to infringe on the people’s liberties at such a
time. I
would remind my colleagues that the only reason we are reexamining
provisions of
the PATRIOT Act is because of public concerns that this Act gives up
too much
liberty for a phantom security. Appointed officials would not be as
responsive
to public concerns.
2004 Ron Paul 36:4
Supporters of this plan claim that the appointment power
will be necessary in the event of an emergency, and that the appointed
representatives will only serve for a limited time. However, the laws
passed by
these “temporary” representatives will be permanent.
2004 Ron Paul 36:5
Mr. Speaker, this country has faced the possibility of
threats to the continuity of this body several times throughout our
history, yet
no one suggested removing the people’s right to vote for members of the
House
of Representatives. For example, when the British attacked the city of
Washington in the War of 1812, nobody suggested the states could not
address the
lack of a quorum in the House of Representatives though elections.
During the
Civil War, DC neighbor Virginia was actively involved in hostilities
against the
United States government- yet President Abraham Lincoln never suggested
that
non-elected persons serve in the House.
2004 Ron Paul 36:6
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 supporting H.J.Res. 83 will question the
wisdom
of handing terrorists a victory over republican government.
2004 Ron Paul 36:7
The Constitution already provides the framework for
Congress to function after a catastrophic event. Article I Section 2
grants the
governors of the various states authority to hold special elections to
fill
vacancies in the House of Representatives.
Article I Section 4 gives Congress the authority to designate
the time,
manner, and place of such special elections if states should fail to
act
expeditiously following a national emergency.
As Hamilton explains in Federalist 59, the “time, place, and
manner”
clause was specifically designed to address the kind of extraordinary
circumstances imagined by the supporters of H.J.Res. 83.
Hamilton characterized authority over federal elections as
shared between
the states and Congress, with neither being able to control the process
entirely.
2004 Ron Paul 36:8
Last month, this body fulfilled its constitutional duty by
passing HR 2844, the Continuity of Representation Act. HR 2844
exercises
Congress’s 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 or more members of the House have been
killed. This
proposal 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 36:9
In conclusion, I call upon my colleges to reject H.J.Res. 83, since it alters
the Constitution to deny the people their right to elect their
representatives
at a time when having elected representation may be most crucial.