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tv   Key Capitol Hill Hearings  CSPAN  January 9, 2015 3:00pm-5:01pm EST

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ur labor unions to work on good things that are going to rebuild this country. mr. speaker, this is the wrong bill it's passed in the wrong way, and at exactly the wrong time. i urge a no vote and yield back. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from kentucky. mr. whitfield: at this time i'd like to yield two minutes to the vice chairman of the energy and commerce committee the gentlelady from tennessee, mrs. blackburn. the speaker pro tempore: the gentlelady from tennessee is recognized for two minutes. mrs. blackburn: thank you, mr. chairman. i want to thank the chairman from kentucky for his tenacious work on this issue. this is the 10th time this has come to the floor and he's been diligent and has continued to push it and we thank him for those efforts. i have to tell you listening to this debate, it just goes to show you why the american people are so tired of what they consider to be the political games that are played here in washington. they said they wanted us to come and get some things done.
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this is getting some things done. and it's appropriate that we take up this bill today. and here is why. do you realize 8 % of all -- 88% of all americans support energy independence? 88%. 65% of all americans think that building the keystone pipeline is what this country should do. now, i have to tell you, i listened to the president and to the excuses that come out of the administration and i think with the supreme court decision in nebraska today the president is out of excuses. he's out of excuses. he's run the gamut on it. no more excuses. it is time that we pass it, the senate pass it and that this legislation go to the
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president's desk. one of my colleagues said that being here on the floor today is a waste of time. i really disagree with that, mr. chairman. the president vetoing this legislation is a waste not only of the american people's time but of the resources and the taxpayer money that come into the coffers for this government to function. create 20,000 new jobs, increase our energy supply, move us to energy independence, pass the bill. i yield back. the speaker pro tempore: the gentlelady yields back the balance of her time. the gentleman from new jersey. mr. pallone: mr. speaker, can i inquire how much time is available on both sides. the speaker pro tempore: the gentleman from new jersey has six minutes. the gentleman from kentucky has 7 1/2 minutes. mr. pallone: i yield now two minutes to the gentleman from georgia. the speaker pro tempore: the gentleman from georgia is recognized for two minutes. >> thank you very much, mr. speaker.
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this bill is a jobs bill. the american people need jobs. the labor unions who founded and built the middle class of this nation need jobs. but ladies and gentlemen, nobody needs jobs like young black men. i see this as an opportunity here today. the highest unemployment rate is with black young men. black young men people the -- between the ages of 19 and 35. the unemployment rate is 38%. 38%. mr. scott: and in some communities it's 50%. that's why i come before you today, i support the bill, but i want you all to help me support an amendment, you all know the amendment process is going on over in the sat andveinheene nar mcconnsa hs open to amendments. here's the amendment.
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the amendment would just put language in this bill that would put the apprenticeship programs, what they affectionately call earn as you learn, on the job training, no federal money, and target those and guide and direct and encourage in this language that our labor union partners bring in these young african-american men to learn these trade building skills. each of the labor unions are are are ready, they have the apprenticeship programs. they have them there. we need this desperately, ladies and gentlemen. do you know that sitting in the prisons right now are one million black men. every week thousands of our black men are going into prison. the number one reason, they
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don't have jobs. this is a jobs bill. yeah, it's got maybe some people say 4,000, some people say 2,000. but there will be other jobs that they can learn these skills from when we rebuild our infrastructure. you all have seen the sign. black lives matter. but black lives with jobs. help me get this amendment in on the senate side and let's pass this bill. thank you. the speaker pro tempore: the chair lays before the house an enrolled bill. the clerk: h.r. 26, an act to extend the termination date of the terrorism insurance risk insurance program established under the terrorism risk insurance act of 2002, and for other purposes. the speaker pro tempore: the gentleman from kentucky. mr. whitfield: at this time i'd like to yield one minute to the
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gentleman from illinois for one minute. the speaker pro tempore: the gentleman from illinois is recognized for one minute. mr. bost: i thank the gentleman for yielding and mr. speaker, i rise in strong support of house resolution 26 and the construction of keystone x.l. pipeline. part of the existing pipeline system actually supplies the wood river refinery in the 12th congressional district in illinois. in anticipation of the construction of this pipeline, the owners have spent $4 billion upgrading the facility and created about 2,400 jobs over a four-year period. construction of the keystone x.l. x.l. and extension would deliver similar benefits to other regions of the country. creating over 4,2,000 jobs. in construction -- 4,2,000
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jobs, in construction -- 4200 jobs in construction industries. it is for this reason that a diverse coalition of businesses and labor unions in the construction and building trades industries have come out in support of house resolution 26. and i encourage all of my colleagues to do the same. i yield back. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from new jersey. mr. pallone: i yield one minute to the gentlewoman from california, ms. davis. the speaker pro tempore: the gentlelady is recognized for one minute. mrs. davis: thank you. thank you, mr. speaker. mr. speaker, how does this one project, the keystone x.l. pipeline, get so much attention? we currently have a sprawling 185,000-mile network of oil pipelines in the united states and a regulatory process to ensure that they are operating safely. so why are we spending so much time trying to exempt a canadian company from the environmental reviews that every other company in america has to abide by? and the big question, mr.
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speaker who will pay for any future oil spills? not keystone. this bill exempts keystone from contributing the same eight cents per barrel that every other oil company is required to pay into the oil spill trust fund. tell me mr. speaker why is this? if the authors are so certain that this pipeline does not carry any environmental risk won't they allow the review process to run its course? i stand with my colleagues, i want those jobs, i want them around the country. we can do this. we can do better. i urge a no vote on this dangerous precedent mr. speaker. the speaker pro tempore: the gentlelady's time has expired. the gentleman from kentucky. mr. whitfield: at this time i'd like to recognize the distinguished gentleman from illinois a member of the energy and commerce committee, mr. shimkus, for 1 1/2 minutes. the speaker pro tempore: the gentleman from illinois is recognized for 1 1/2 minutes. mr. shimkus: i ask unanimous
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consent to revise and extend my remarks. the speaker pro tempore: without objection. mr. shimkus: thank you mr. speaker. also i want to say congratulations again to my friend, congressman pallone, for assuming the ranking position. we look forward to working with you. today is a great day. this pipeline should have been approved six years ago. like so many other transnational pipelines in our history. a pipeline is the safest way to move bulk liquid product than any other means. it will be from an ally, a trusted ally. more crude oil on the world market lowers prices for everybody. it's more money in the individual citizens' pockets, it's a very great day. let's just debunk this myth, this oil is going to go to refineries in my district, mike bost's district, ohio indiana, and in the gulf coast. so we're going to get the double effort because we're going to be able to refine this put it on u.s. market, lower energy prices for all our
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citizens. it's a great day. thank you, chairman for bringing it to the floor. i yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from new jersey. mr. pallone: mr. speaker i want to make sure we still have three minutes on our side. the speaker pro tempore: that is correct. mr. pallone: i yield two minutes then to the gentlewoman from new york mrs. maloney. the speaker pro tempore: the gentlewoman from new york is recognized for two minutes. mrs. maloney: i thank the gentleman for yielding. mr. speaker, i rise in opposition. we've been promised thousands of jobs. but the u.s. state department estimates that this will create only 35 permanent jobs. yes, there will be construction jobs, but they're not permanent. they're for a year. maybe two years. but let's be clear about what we are getting with keystone. a dirty and dangerous pipeline, running through the heart of our country, which will help canadian, canadian oil companies export, export their oil to the -- and it happens to be the filthiest possible
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energy form. i would like to say that if we put the same time and energy into a transportation bill as we have to this canadian pet project, we could upgrade our crumbling roads and bridges, expand our mass transit system provide a huge boost to the american economy and create jobs in almost every single congressional district in this country. thousands and thousands of permanent jobs in our good country. we don't need another pipeline dividing our country, polluting our water pushing us closer and closer to the climate tipping point. a transportation overawl will actually create jobs that americans can live off of. keystone will not. unless what they're considering with these jobs are just the 35 permanent jobs, and maybe they're considering that there will be jobs to create the leaks and the pollution and treat the pollution associated
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and illnesses that may be associated with the pollution. so i urge a no vote. we should invest in american companies. we should invest in american pipelines. we should invest in american jobs that are here in america for americans and are permanent. again, the state department estimates that there will be only 35 permanent jobs. so what are we getting? no jobs and pollution from the dirtiest oil source and energy source that is on the earth at this point. i reserve the balance of my time. the speaker pro tempore: the gentlelady's time has expired. the gentleman from kentucky. mr. whitfield: mr. speaker would you explain again the amount of time on each side. the speaker pro tempore: the gentleman from kentucky has 5 1/2 minutes. and the gentleman from new jersey has one minute. mr. whitfield: at this time i'd like to recognize the gentleman from mississippi for one minute. the speaker pro tempore: the gentleman from mississippi is recognized for one minute.
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mr. harper: thank you mr. chairman. here we are again. working to pass a bill to approve the construction of the northern port of the keystone x.l. pipeline. again, with the facts on our side. again with bipartisan support in both houses of corn. and again under threat of a veto. but with the new republican majority in the senate, the president just might get to make good on his veto threat this time. we should force him to make that decision. i urge my colleagues to support this job-creating, north american energy-producing, bipartisan labor union and chamber of commerce-supported shovel-ready project. the american people ask for h.r. 3, we waited long enough. i yield back. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from new jersey. mr. pallone: mr. speaker i would reserve until my colleague from kentucky's ready to close. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from kentucky. mr. whitfield: at this time i'd like to recognize the gentleman from north carolina mr.
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rouzer for one minute. the speaker pro tempore: the gentleman is recognized for one minute. rouse rouse mr. speaker i've heard -- mr. rouzer: mr. speaker i've heard one more than one person say common sense isn't common sense anymore. isn't that right. today we have a unique opportunity to pass commonsense legislation that will help the american people and strengthen america. i'm proud to co-sponsor h.r. 3 the keystone x.l. pipeline act. it's projected that this pipeline will create more than 40,000 good paying jobs and it will create far more jobs indirectly by increasing our energy supply. at a time when our families are struggling to make ends meet, it's irresponsible for the president to walk away from doing what's right for america. . this is an opportunity to strengthen our position in the world, eliminate a key revenue source for our enemies and strengthen our economy by lowering fuel prices even more. i urge my colleagues in both chambers and the president to support the keystone pipeline
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act. this is an opportunity to show the american people that there's still a glimmer of hope for good old common sense. mr. speaker, i yield back my time. the speaker pro tempore: the gentleman yields back. the gentleman from new jersey reserves. the gentleman from kentucky. mr. whitfield: at this time i yield to the distinguished gentleman from oklahoma, mr. russell, for one minute. the speaker pro tempore: the gentleman from oklahoma is recognized for one minute. mr. russell: thank you mr. speaker and mr. chairman. as a combat veteran, we should never have to fight for something that we can so readily produce here. why should we put competitors in leverage over our economy and give them dollars to use against us? we hear a lot of talk from progressives on the environment, mr. speaker. imagine a life without petroleum no cell phones no asphalt for roads, no synthetic clothing, no plastics. on what the progressives
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suppose we run our magnificent nation and lifestyle? perhaps their answer is rainbow stew. i yield back. the speaker pro tempore: the gentleman yield it's back. the gentleman from kentucky. mr. whitfield: i think we have the right to close if the gentleman from new jersey would like to proceed. the speaker pro tempore: the gentleman reserves. the gentleman from new jersey. mr. pallone: i yield myself the time reserves, mr. speaker. the speaker pro tempore: the gentleman is recognized. mr. pallone: mr. speaker, the keystone x.l. pipeline moves us in exactly the wrong direction, enabling the production of the dirtiest crude oil on the planet and increasing our carbon pollution for decades to come. and we need to avoid catastrophic climate change. the concentration of carbon dioxide in the atmosphere just hit 400 parts per million for the first time in human history. although this administration is making great progress, we're far from achieving our pollution reduction goals and the need to act is more urgent than ever. i would urge my colleagues to vote no. the president is going to veto
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this legislation. it's just a political exercise at this point, and, again, it bothers me that i hear so much from the other side about trying to help this canadian company. we should be concerned about the united states, and we should be concerned about the world and the environment that results from climate change and the continued production of greenhouse gases. my concern and the concern of the president is that this is simply not legislation that has been proven to be so far in the national interest. and the president is just asking for more time to make that determination. vote no. the speaker pro tempore: the gentleman's time has expired. the gentleman from kentucky. mr. whitfie: d how much time is remaining? the speaker pro tempore: the gentleman from kentucky has 2 1/2 minutes remaining. mr. whitfield: 2 1/2 minutes. well, i do want to recognize mr. cramer of north dakota for 30 seconds and then -- would that be -- is that ok? the speaker pro tempore: the gentleman is recognized for 30 seconds. cramecrame thank you mr. speaker, and i --
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mr. cramer: thank you mr. speaker. first, i'd like to place in the record, if possible a letter i received from caterpillar. the speaker pro tempore: without objection. mr. cramer: i want to address the climate change issue because i think it's an important issue to a lot of people. the argument the other side makes is based on the false idea that oil sands won't be developed without the united states. it is. moving anything by rail is 1.9 times more the emissions for co-2 than moving it by pipeline. moving it by truck creates 2.8 times the co-2 emissions as moving it by pipeline. moving it by barge to china is priceless. with that i yield back. the speaker pro tempore: the gentleman's time has expired. the gentleman from kentucky. mr. whitfield: i yield myself as much time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. whitfield: in conclusion, i'd like to point out a couple of things. first of all, this was a significant issue in the last election. just a couple months ago. this is a piece of legislation about the american people and
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not a canadian oil company. 72% of the american people in polls say they support this legislation. this is about jobs for people in america who need jobs. this is about increasing the energy infrastructure of our country. this also is a project that would not include one dime from the federal government. it's going to be a cost of approximately $7 billion of private funds that will create a lot of jobs, make us less dependent on foreign oil. the application for keystone pipeline was filed in september of 2008. there are 2.6 million miles of pipelines in america, most of those pipelines do not have to be approved by the president of the united states. but in this particular pipeline, since it crosses into the country of canada -- from
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canada to the u.s., the president must approve it. and he has said that one reason he's not going to approve it is because of litigation in nebraska, which ended today in favor of the governor of nebraska who supports this pipeline. the second reason for the president to oppose it is co-2 emissions. and yet the secretary of state office under hillary clinton and mr. kerry in their final supplemental environmental impact statement, has said on three occasions it will have minimum impact on the environment. so today we want to pass this legislation once again, for the american people. the u.s. senate said they will pass it and we would ask the president to join us and >> u.s. house approved
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construction of the keystone xl pipeline. 28 democrats joined in favor of the pipeline. here is a list of the democrats. one voted present.
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the bill passing to 66 -- 153, with one present. you can see how you remember voted by going to our website www.c-span.org. the senate is expected to take up the measure on monday at 2:00 p.m. the supreme court of nebraska approved that route for the keystone xl pipeline, reversing a lower court decision today. a group of landowners challenged the authority to approve a new pipeline route. four of the justices said that the landowners had standing. the nebraska supreme court's decision placed the ball back in the hands of the state department. here's a look at the high court
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oral argument from last december. >> here ye, hear ye, hear, ye. the honorable supreme court of the state of nebraska is open for business. he shall be heard. god save the state of nebraska. >> thank you. you may be seated. good morning to everyone. our first case this morning is thompson vs. heinemann. justice wright has recused. good morning to you. >> good morning.
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i am the deputy attorney general. i am here today on the half of the appellants. i would like to reserve three minutes of my time for rebuttal. we are asking this court to reverse the district court for two reasons. we stand on those arguments. we will turn now to the merits of our case. >> well, just a minute. on your standing, didn't we in cunningham carve out an exception to the standing rule if it concerns a matter of great concern? would you agree that this concerns a matter of great concern? >> yes. >> and that was a standing -- and that case did not have a
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legal expenditure involved correct? >> that is correct. >> why did exxon control that? >> in cunningham vs. exxon there was no one to actually challenge the constitutionality of the statute. it is not only that it has to be a matter of important public purpose but there must be no , individual or entity that can challenge the constitutionality of the statute. >> did we say that in cunningham? >> i believe we did, your honor. >> if there's illegal expenditure, do you still need the both of those? >> the illegal expenditure goes to the taxpayer standing analysis. we would argue that in this case we would argue that the statute on its face requires reimbursement for every expenditure associated with the statute implementation, and that
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there is no unlawful expenditure of taxpayer funds. >> if we were to decide that there was an illegal expenditure, what does that do to your standing? >> if there was an unlawful expenditure of taxpayer funds, we would still submit that this is a case where there are individuals better suited to bring this challenge. the taxpayer standing exception is limited, and to allow these particular appellees to go forward is to allow the limited exception. >> who is better suited to bring this lawsuit? >> for one, the pipeline carriers, who are actually subject to the regulations under lb 1161. >> why would a pipeline challenge this legislation? >> pipeline company would challenge this legislation because prior to its adoption, there was simply no restriction on their ability to engage in in
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eminent domain. as long as they were entitled to , they were entitled to proceed they were entitled to proceed with the laying of the pipeline. >> isn't it more beneficial now that they have two options? to have their application granted. >> i suppose it is more beneficial, that they have two options, but there is still an argument to be made that if they wanted to challenge the constitutionality of the statute they can do so. >> when you said "every expenditure," could you explain that, please? you said that every expenditure would be reimbursed? does that encompass new money, old money, direct, or indirect? what do you mean by that? >> within the record there is an affidavit, and every cost
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associated with the implementation of lb 1161 in all of the cases that it was applied was reimbursed, not just over and above, but any imaginable cost. >> does the record reflect that expenditures were made above and beyond the appropriation made by the legislature? even though that may have been does that encompass new money, reimbursed? doesn't the record show that? >> the record shows there was an authorization of an appropriation of $2 million, and as i understand, the record reflects an additional total amount was paid, but that the applicant paid the money as they went and never exceeded that $2 million limit. >> $2 million outstanding? is that your view? >> that is what the appropriation was by the legislature. >> and you are saying that the
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history of this, that the pattern of this reimbursement was such that it was never more than $2 million outstanding? >> that is manner standing, yes. >> in the decision of chambers doesn't that confer upon taxpayers the illegal use of public money to pass the laws? >> yes, but again, in this case we were talking about a statute where it requires reimbursement on a state so there is no unlawful expenditure. >> if that is the case, then it would allow for an evasion of a standing for a taxpayer. >> well, but on this, what we are talking about is a facial challenge to the taxpayer, you are right. if there was a reimbursement provision, it would potentially foreclose a facial challenge to
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a taxpayer's standing. go >> what about the other case? go does that have anything to do with standing? >> yes, it does. as this court held in riddum as to the commission's authority, it is to the claim of unlawful investment. >> this case is an outlier isn't it? there are only three judges that decided the case, and four judges concurred without an opinion. is that a useful source for persuasive authority? >> but as to the pfc's ability to challenge it, this court has never questioned whether or not -- or has never overturned the conclusion. >> has that been cited since? >> it has been cited since in the number of taxpayers'
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standing, but i'm not sure -- >> it was a statutory construction interpretation, wasn't it? >> that is correct. turning now to the merits, article four, section 20, set for the powers and duties of the pfc to include the regulation of rates, service and general control of common carriers as the legislature may provide by law. in the absence of specific legislation, the pfc has plenary authority. the constitution of the united states allows the legislature to limit the pfc's authority, and for pipeline companies, they have done so. nebraska revised statute 75.501 defines pipeline common carriers as those which operate intrastate in nebraska. plaintiffs are not challenging this statutory limit on the pfc authority. the pfc has no constitutional jurisdiction over noncommon carriers. >> that statute was passed in, what, 1963? >> that is correct. >> and it had its origin in the
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statute in 1917, did it not? >> as i recall, that is correct. >> and do you think that may have been passed to answer the concerns of the u.s. v. ohio oil, which was the standard case? >> as i recall, the iteration of 75.501 still said operating in nebraska and through nebraska. it never contemplated that common carriers would go beyond that. >> maybe they were contemplating to ensure after that decision that nebraska would regulate intrastate common carriers, not to define common carriers? >> the intent was to regulate common carriers, which operate
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intrastate. and by operation, they defined what a common carrier was, which was those that operate intrastate in nebraska. >> in fact, are interstate pipelines largely regulated by the federal government? >> they are, your honor. in addition, in the plain language, lb 1161 only applies to those pipelines which are subject to a federal mepa review process. and they specifically excludes gather lanes, which are the typical intrastate pipelines within the state of nebraska. >> is this all about site location? >> it is all about site location and whether or not that falls within the plenary authority of the pfc. we would submit that article four, section 20, applies to rates, service, and general control of those intrastate services.
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>> how are you using the phrase, plenary authority? >> as it applies to the intrastate common carriers. >> the source is what? >> the constitution. >> and you do not distinguish from relying on the definition in chapter 75? >> correct. as to intrastate pipelines would not be subject to the common carrier definition, pfc only has the authority that the legislature would otherwise provide to them. >> you are implying that the federal government has totally occupied the field of regulation of intrastate pipelines? >> no, that is not an issue that has been raised by the appellees in this case. >> why would siting not come under general control? >> when you look at the cases that involve siting, for
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example, with rivets having a pfc authority, it is because of the customers along that route wanted service. they wanted service to be a part of this, to send their goods down a particular railroad. here, the appellees are not concerned with wanting service or any sort of thing along that line. they want to make sure that this pipeline does not run down this particular route. and therefore, it falls outside of the rates, service, and general control that would generally apply to the pfc. >> in your use of the word "service" -- are we to understand that you mean the delivery in intrastate. >> that is correct, your honor. >> there are a lot of people that look for service. if it goes through your property, does this, does that? >> yes, of course, the pipeline affects all kinds of people. that is why the state of
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nebraska has determined that for a good public purpose that the pipeline be constructed within the state of nebraska and go through these routes so we can make sure that the goods they are providing are provided -- >> can i connect that a little bit to the whole picture? what do you think the trial judge did wrong? >> i believe the trial court was concerned because the particular pipeline company had eminent domain authority, and she saw the eminent domain authority is being equated with common carriers. and while common carriers have eminent domain authority, the legislature has afforded that authority to a broader group and we would submit that it is not just common carriers. it is interstate pipelines which are not common carriers under the plane definition language under 75.501, also have that eminent domain.
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>> would an interstate carrier be a common carrier under the common law definition of that term? >> the common law definition, as pointed to by the district court, is actually a prior iteration of the statute which again, if you read it closely, it says "operating in between locations within nebraska." again, the common law there even even contemplates intrastate. with that, i will save my time for rebuttal. >> thank you very much. mr. domina, good morning. >> good morning, your honor. may it please the court, i am dave domina, and i'm here on behalf of the three landowners who challenge lb 1161 and contend that it violates several provisions of the nebraska constitution. one of those was discussed earlier today, article four, section 20.
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the statute, by offering two ways for a pipeline applicant to seek permission to build a pipeline in the brusca provides for a route that is without judicial review. if the application goes to the governor and the governor makes the decision of the kind that would otherwise be made with legal limits apply, with proof required, and with due process hearing, if the governor makes that decision instead of the pfc, there is no judicial review in this statute and, for that simple and specific reason, i'm answered by the attorney general see the court's decision today as simple and straightforward. >> excuse me. standing? >> yes, we do believe our clients do have standing. for three separate reasons. the one that has not been discussed thus far is direct standing. i want to recall some dates. lb 1161 was enacted by the legislature on april 17. we filed this lawsuit on may 23 or 25.
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i don't recall which date right now. the record contains an exhibit 18, which is a voluminous exhibit. but it includes within exhibit 18, ha appendix b, a route, and that route in that appendix came into existence in september after we filed our lawsuit. the affidavit evidence we offered on the standing issue establishes that our clients are landowners and taxpayers and that their land is or was on the route. the affidavits were made after exhibit 18 came into existence. >> with respect to plaintiff thompson, the allegation is merit in lancaster county? is that right? >> right.
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>> and at the time they commenced a lawsuit -- those were after. >> the route was fluid. as a matter of fact, at the time that we filed this facial challenge, there was no route. there had been discussions, but no filing with the public service commission or with the governor. there was no permit because the statute authorizing it had not been enacted. >> so as the route morphed they are still good plaintiffs in your view? >> we think they are still direct plaintiffs. >> we are talking about the final reroute. >> exhibit 18 is the final reroute, your honor. >> do we have any addresses or legal descriptions of the property your clients own? >> you do not. >> you do not. we also do not have any addresses are legal descriptions of the route. if you look at exhibit 18, what it does is identify in a very
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rough, non-metes-and-bounds way where this pipeline would purport to go, plus or minus a mile on either side in a map drawn in exhibit 18. there are no legal descriptions in the record. we think that the standing issue, the direct standing issue, makes us appropriate plaintiffs. the taxpayer standing issue does as well. in and of course, cunningham versus exxon, this is obviously a case of substantial public interest and has commanded the subsequent attention of a general session, a letter from the governor to the president of the united states, and action that is in record by the u.s. state department. we think that standing is not a matter that is of concern here today. >> on the issue of direct standing, didn't the district court concluded that your clients did not have direct standing? >> it did, your honor, and did so because it specifically said
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that our landowner plaintiffs own real estate which is or was on the pipeline route. that is why i was careful to pull out the dates and identify those this morning for the court. >> did you cross-appeal on that determination? >> no, we did not. we did not because we took the position strictly that we have standing, since standing is jurisdictional. we think we only need one kind of standing. we did not need to cross-appeal the direct standing findings of the district court. >> in regard to taxpayer standing, we have spoken about whether or not there is a better plaintiff. who has the burden to show that? >> your honor, the party that challenges standing must show that a better plaintiff that exists. >> what is your authority for
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that? >> you made findings that strongly suggests that as recently as your knox county taxpayers decision, banks versus heineman, i think your project extra mile clearly discloses that it was not the nonprofit challenge for the liquor statute that had to identify an alternate plaintiff. and the rationale for that is that you would put a taxpayer who seeks to sue in the position of proving a negative. if the proposition were to prove there is no one better to sue than us. instead, the proposition to be proven is someone identified better to sue than you. >> the state argues that other carriers would be the proper party? >> yes, i heard that this morning. there are, of course, none identified. the state has never suggested there is another applicant for an international border crossing permit that seeks to put a pipeline through nebraska which is this specific class of statute.
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when it says "other carriers," it is motioning to the universe without identifying another potential plaintiff. >> can the pfc challenge the statue? >> i don't think the public service commission was in a place of standing here. the pfc has a route, and it is in place. its route is not a part of this litigation. if we were to conclude that the pfc is duty bound to challenge any statute that might affect its jurisdiction, we set up interagency disputes within the state government that i don't think are consistent with your finding and your previous holdings. and i think the previous cases have suggested that they are in fact outliers. it is much clearer that your jurisprudence has moved in the
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direction of making sure that when there is an expenditure issue that is challenge, a taxpayer can make that challenge, unless it is altogether clear that the taxpayer is meddling in a problem that involves someone who is a dramatically more directly affected player. >> a better one. >> yes. >> would you have use ovrule rivvens? >> no, i wouldn't. it is a morality opinion. it is confined to narrow facts, and for good reasons. your jurisprudence has decided that in the past. you could overrule it, but i don't think it would be here properly. >> i think the state has relied that is the definition of a common carrier. >> yes, and if i do not get to our cross-appeal issues, and i may not, i want to be sure
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that i say that we think we win on any one or all of the cross-appeals. >> which one is your strongest? >> i don't want to lose justice connolly, your honor but i think my best argument is that it is standardless when the gubernatorial route for approval is taken. in order to ensure there is a valid delegation of authority, assuming there can be a delegation, it is standardless in this statute. i don't think there should be a delegation. as a lawyer and part-time banker, i really like our credit of the state argument, too, but i will answer the justice's question about 75.501. your honor, 75.701 is a statute that has a history very closely
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related to u.s. supreme court jurisprudence. as you said a few moments ago. it does not purport to define the outer limits of the public service commissions constitutional authority. it does not purport to define the legislatures limitations on its subsequent and enactments that involve the public service commission. it does not purport to say that a common carrier, using a pipeline as the mode of transportation of cargo for the public, has to be intrastate in order to be effective. as we said in our brief on page 14, we identify five separate reasons why that argument fails. i think the best of those is that at any particular moment, or hour or week, a pipeline can be either an intrastate or interstate carrier. it can switch back and forth just like a trucking company can do. >> in fact, the regulation of this pipeline is largely
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federal, is it not? >> only in so far as safety is concerned, your honor. there are no federal siting regulations. >> does the public service commission have any authority to control the rates, for example -- the way our gas would move through this pipeline? >> if it movfes in intrastate commerce, it does. if it is interstate commerce, i don't think it does. >> so largely, this is about site location. >> i think it is entirely a site location case, your honor. and i think the aspect of major oil pipeline law leaves those issues to the states. the states are charged with evaluating their resources, the needs of their people, and all of those things that the public
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service commission is directed to consider in order to make a quasijudicial finding that is subject to judicial review. here, the governor doesn't have to do any of those things. i think that is another reason why, frankly, section 75.501 should not be seen as in anyway confining the reach of article four, section 20. >> what is the governor expected to do under 1161? >> your honor, under lb 1161, i think the clear things the governor is expected to do are these -- number one, provided office of application. number two, dispatch the department of environmental quality to conduct some non-oath-driven, nonjudicial procedure whereby evidence is gathered. number three, receive, but not
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necessarily, consider that report. four, make a decision about that report and permit with no standards other than as to read the report. that is it. the gubernatorial avenue here is clearly designed to preclude any citizen input in a judicial setting and any judicial review. >> how do those tasks relate to bestowing of eminent domain? >> you asked what the governor is expected to do. i think i answered correctly. the governor is permitted to identify a for-profit applicant and be restricted in the power of eminent domain. that power is also improperly delegated to the governor. >> because emindent domain flows from approval?
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it is layered. >> it absolutely does. it is not a categorical brand, like the legislature and counties. this is the legislature to a specific applicant maybe one of , 5, 10, 15 applicants for similar authority. >> is your argument with respect to 75.501 consistent with the city of bayard case? does your argument with respect to 75.501 consistent with the city of bayard case? >> i think the city of bayer case is inconsistent with my argument to some extent. the city of bayard case is specifically a strictly intrastate case. and at issue is whether the applicant in that case engaged in any actual commerce that was of any interstate character. and the finding of the court was that there was no interstate activity participated in. the question we have here was not really reached by bayard. if carefully read, it is not
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authority for a proposition contrary to our contentions. your honors, we respectfully request that you affirm the judgment of the district court find that article four, section 20, was offended and that our clients have standing, and affirm the judgment of the district court even if you don't find article four, section 20 was violated for any of those reasons we specified in our cross-appeal. thank you very much. >> thank you very much. do we have time for rebuttal? >> one minute, 42. >> one minute and 42 seconds. >> thank you. you all seem to like bayard, is that right? >> we do. bayard stands for the standpoint of -- actually, in the holding of bayard, they were talking about the pipeline that wasn't interstate pipeline that relied on the domain authority of interstate
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pipelines as opposed to those that operate intrastate. at the time, those were separate statutory authorities for engaging in eminent domain. i would like to point out that this is a facial challenge and the plaintiffs must show that there is no unlawful application of this law which exists. during counsel's argument, it was pointed out that no applicants of a pipeline carrier with an international border permit pending. this shows exactly the one application that involves an interstate pipeline, which would not be a common carrier under the plain definition of 75.501. >> would it be a common carrier under the common law definition? >> it would not, because the common law definition, as i mentioned earlier, is one that says they operate in nebraska and through, but not outside of nebraska. turning briefly to the due
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process clause, the governor approval of a route does not deprive these applicant of life, liberty, or property without just compensation. that deprivation if it occurs, , it occurs during an imminent domain proceeding, where landowners will have their day in court and be entitled to challenge whether or not it was for public use and whether or not they received just compensation. i would ask the court to please reverse the ruling of the district court and uphold lb 1161 as constitutional. >> thank you very much. quite oh -- >> "the wall street journal says -- the court will long a first push in congress puts renewed pressure on the obama administration to act. the house voted for the keystone xl pipeline.
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28 democrats joined the republican counterparts to vote in favor of the pipeline. we will have a re-air in just a moment. chris van hollen of maryland is our guest this week and. he is ranking on the budget committee, and he looks at the pending budget debate. "newsmakers" is sunday on to say. with the end of two hostage situations in paris, president obama says he is hopeful the immediate threat posed by the terrorism in paris has been resolved, but he says the french government continues to face terrorism. he made his remarks in knoxville, tennessee. french security forces have put an end to the terrorism act.
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they have killed an associate of the brothers after they tried to help him escape. the terrorists release for hostages. back now to the floor of the u.s. house, or earlier today members voted to approve construction of the keystone xl pipeline. the vote was 266-153. 28 democrats joined their republican counterparts. >> we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessing of liberty to ourselves and our posterity, do ordain and establish this constitution for the united states of america. mr. goodlatte:article i
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section 1 all legislative powers herein granted shall be vested in a congress of the united states, which shall consist of a senate and house of representatives. i now yield to the majority leader, the gentleman from california, mr. mccarthy. mr. mccarthy: i thank the gentleman for yielding. section 2 the house of representatives shall be composed of members chosen every second year by the people of the several states and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. mr. goodlatte: i now yield to the gentleman from maryland, the minority whip, mr. hoyer. mr. hoyer:no person shall be a representative who shall not have attained to the age of twenty five years, and been seven years a citizen of the united states, and who shall not, when elected, be an inhabitant of that state in
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which he shall be chosen. the actual enumeration shall be made within three years after the first meeting of the congress of the united states. and within every subsequent term of 10 years in such manners as they shall by law direct. mr. goodlatte: i now yield to the gentleman from louisiana, the majority whip, mr. scalise. mr. scalise: i thank the gentleman from virginia. the number of representatives shall not exceed one for every 30,000, but each state shall have at least one representative, and until such enumeration shall be made, the state of new hampshire shall be entitled to choose three massachusetts eight, rhode-island and providence plantations one, connecticut five new-york six, new jersey four, pennsylvania eight delaware one, maryland six, virginia ten, north carolina five, south carolina five, and georgia three.
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mr. goodlatte: i now yield to the gentleman from tennessee, mr. cohen. mr. cohen:when vacancies happen in the representation from any state the executive authority thereof shall issue writs of election to fill such vacancies. the house of representatives shall choose their speaker and other officers, and shall have the sole power of impeachment. mr. goodlatte: i now yield to the gentleman from south carolina, mr. wilson. mr. wilson: thank you w and l graduate chairman goodlatte. section 3 the senate of the united states shall be composed of two senators from each state, chosen by the legislature thereof for they shall be divided as equally as may be into three classes.
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mr. goodlatte: i now yield to the gentleman from california, mr. garamendi. mr. garamendi:the seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year. mr. goodlatte: i now yield to the gentlewoman from north carolina, ms. foxx. ms. foxx: no person shall be a senator who shall not have attained the age of 30 years and nine years a citizen of the united states and who shall not when elected be an inhabitant of that state for which he shall be chosen.
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mr. goodlatte: i now yield to the gentleman from florida, mr. deutch. mr. deutch:the vice president of the united states shall be president of the senate, but shall have no vote, unless they be equally divided. the senate shall choose their other officers, and also a president pro tempore, in the absence of the vice president or when he shall exercise the office of president of the united states. mr. goodlatte: i now yield to the gentleman from tennessee. >> the senate shall have the soul power to try all impeachments. when sitting for that purpose, they shall be on oath or affirmation. when the president of the united states is tried, the chief justice shall preside, and no
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person shall be convicted without the concurrence of two thirds of the members present. mr. goodlatte: i now yield to the gentlewoman from michigan mrs. dingell. mrs. dingell:judgment in cases of impeachment shall not extend further than to removal from office, and bedisqualification to hold and enjoy any office of honor, trust or profit under the united states, but the party convicted shall nevertheless be liable and subject to indictment, trial judgment, and punishment, according to law. mr. goodlatte: i now yield to the gentleman from pennsylvania mr. marino. mr. marino: thank you, chairman.
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section 4 the times, places, and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof, but the congress may at any time by law make or alter such regulations except as to the places of choosing senators. mr. goodlatte: i now yield to the gentlewoman from ohio, ms. joyce beatty. mrs. beatty:each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide.
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mr. goodlatte: i now yield to the gentleman from pennsylvania mr. costello. mr. costello: thank you, mr. speaker. each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member. mr. goodlatte: i now yield to the gentleman from oregon, mr. blumenauer. mr. blumenauer:each house shall keep a journal of its proceedings, and from time to time publish the same excepting such parts as may in their judgment require secrecy, and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal. mr. goodlatte: i now yield to the gentleman from ohio, mr. wenstrup.
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mr. wenstrup:neither house, during the session of congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. mr. goodlatte: i now yield to the gentleman from virginia, mr. scott. mr. scott:section 6 the senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the united states. they shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same, and for any speech or debate in either house, they shall not be questioned in any other place. mr. goodlatte: i now yield to
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the gentleman from ohio mr. latta. mr. latta:no senator or representative shall, during the time for which he was elected be appointed to any civil office under the authority of the united states, which shall have been created, or the emoluments whereof shall have been increased during such time, and no person holding any office under the united states, shall be a member of either house during his continuance in office. mr. goodlatte: i now yield to the gentlewoman from oregon, ms. bonamici. ms. bonamici:section 7 all bills for raising revenue shall originate in the house of representatives, but the senate may propose or concur with amendments as on other bills. mr. goodlatte: i now yield to
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the gentleman from kentucky, mr. guthrie. mr. guthrie:every bill which shall have passed the house of representatives and the senate, shall, before it become a law be presented to the president of the united states. if he approve he shall sign it but if not he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. mr. goodlatte: i now yield to the gentleman from minnesota, mr. walz. mr. walz:if after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law. mr. goodlatte: i now yield to
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the gentleman from arkansas mr. hill. mr. hill:but in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. mr. goodlatte: i now yield to the gentleman from new jersey, mr. pascrell. mr. pascrell:if any bill shall not be returned by the president within ten days -- sundays excepted -- after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the congress by their adjournment prevent its return, in which case it shall not be a law.
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mr. goodlatte: i now yield to the gentleman from michigan mr. benishek. mr. benishek:every order, resolution, or vote to which the concurrence of the senate and house of representatives may be necessary, except on a question of adjournment, shall be presented to the president of the united states, and before the same shall take effect shall be approved by him, or being disapproved by him, shall be re-passed by two thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill. mr. goodlatte: i now yield to the gentlewoman from ohio, ms. kaptur. . ms. kaptur: section 8, the
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congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the united states, but all duties, imposts, and excises shall be uniform throughout the united states. mr. goodlatte: i now yield to the gentleman from texas, mr. hensarling. mr. hensarling: to borrow money on the credit of the united states, to regulate commerce with foreign nations, and among the several states, and with the indian tribes, to establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the united states. mr. goodlatte: i now yield to the gentleman from virginia mr. connolly. mr. connolly: to coin money,
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regulate the value thereof, and of foreign coin, and fix the standard of weights and measures, to provide for the punishment of counterfeiting the securities and current coin of the united states to establish post offices and post roads. mr. goodlatte: i now yield to the gentlewoman from hawaii, ms. gabbard. ms. gabbard: to constitute try bunials inferior to the court, -- to constitute tribunals inferior to the supreme court, to define and punish piracies and felonies committed on the high seas, and offences against the law of nations, god goode i now yield to the gentleman from new jersey, mr. lance. mr. lance -- mr. goodlatte: i now yield to the gentleman from new jersey, mr. lance. mr. lance: to promote the
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science and useful arts, to limited times to authors and inventors the exclusive right to their writings and discoveries. goode -- mr. goodlatte: i now yield to the gentleman from georgia, mr. allen. mr. allen: to declare a war, grant letters and laws concerning land and water, support armies but no appropriation of money to that use shall be for a longer term than two years. mr. goodlatte: i now yield to the gentlewoman from florida, ms. graham. ms. graham: to provide and
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maintain a navy to make rules for the government and regulation of the land and naval forces, to provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions. mr. goodlatte: i now yield to the gentleman from washington, mr. newhouse. mr. newhouse: to provide for organizing arming and disciplining the militia, and for governing such part of them as may be employed in the service of the united states, reserving to the stat respectively, the appointment of officers and the authority of training the militia according to the discipline prescribed by congress mr. goodlatte: i now yield to
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the gentleman from new york, mr. serrano. mr. serrano:to exercise exclusive legislation in all cases whatsoever, over such district not exceeding 10 miles square as may be by cession of particular states, and the acceptance of congress, become the seat of the government of the united states, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock yards and other needful buildings, mr. goodlatte: i now yield to the gentleman from nebraska, mr. smith. mr. smith:and to make all laws which shall be necessary and proper
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for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the united states, or in any department or officer thereof. section 9, the migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the congress prior to the year 1808 but a tax or duty may be imposed on such importation, not exceeding $10 for each person. mr. goodlatte: i now yield to the gentleman from texas, mr. green. mr. green:the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. no bill of attainder or ex post facto law shall be passed. nor cap take or other direct
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-- no capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken. no tax or duty shall be laid on articles exported from any state. mr. goodlatte: i now yield to the gentleman from new mexico, mr. pearce. mr. pearce: i thank the gentleman. no preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another nor shall vessels bound to, or from, one state, be obliged to enter, clear, or pay duties in another. no money shall be drawn from the treasury, but in consequence of appropriations made by law, and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. mr. goodlatte: i now yield to the gentlewoman from michigan, mrs. lawrence. mrs. lawrence: no title of
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nobility shall be granted by the united states and no person holding any office of profit or trust under them, shall, without the consent of the congress, accept of any present, emolument office, or title, of any kind whatever, from any king prince, or foreign state. section 10, no state shall enter into any treaty, alliance or confederation, grant letters of marque and reprisal, coin money, emit bills of credit make any thing but gold and silver coin a tender in payment of debts, pass any bill of attainder, ex post facto law
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or law impairing the obligation of contracts, or grant any title of nobility. mr. goodlatte: i now yield to the gentleman from alabama mr. byrne. mr. byrne: no state shall, without the consent of the congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws, and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the united states and all such laws shall be subject to the revision and control of the congress. no state shall, without the consent of congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state or with a foreign power, or engage in war, unless actually invaded, or in such imminent
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danger as will not admit of delay. mr. goodlatte: i now yield to the gentlewoman from illinois, ms. kelly. ms. kelly: thank you. article 2, section 1, the executive power shall be vested in a president of the united states of america. he shall hold his office during the term of four years and together with the vice president, chosen for the same term, be elected, as follows -- each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the congress, but no senator or representative, or person holding an office of trust or profit under the united states, shall be appointed an elector.
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mr. goodlatte: i now yield to the gentleman from virginia, mr. forbes. mr. forbes: the congress may determine the time of choosing the electors and the day they should give their vote, which day shall be the same throughout the united states. no person except a natural born citizen or citizen of the united states at the time of the adoption of the constitution shall be eligible to the office of president. neither person shall not have attain to the age of 35 years and have been 14 years a resident within the united states. mr. goodlatte: i now yield to the gentleman from california mr. takano. mr. takano: the president shall at stated times receive for his services a compensation which shall neither be increased or -- nor diminished during the period for which he shall have been elected and he shall not
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receive within that period any other emoulment of the united states or any of them. before he enter on the execution of his office he shall take the following orte or affirmation. i do solemnly swear or affirm that i will faithfully execute the office of the president of the united states and will, to the best of my ability preserve, protect and defend the constitution of the united states. mr. goodlatte: i now yield to the gentleman from minnesota, mr. paulson. mr. paulson: section 2, the president shall be commander in chief of the army and navy of the united states and of the militia of the several states, when called into the actual service of the united states, he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the
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duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the united states, except in cases of impeachment. mr. goodlatte: i now yield to the gentlewoman from california, mrs. capps. mrs. capps: he shall have power, by and with the advice and consent of the senate, to make treaties, provided 2/3 of the senators present concur, and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the united states whose appointments are not herein otherwise provided for and which shall be established by law. mr. goodlatte: i now yield to
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the gentleman from pennsylvania, mr. rothfus. mr. rothfus: but the congress may by law vest the appointment of such inferior officers, as they think proper, in the president alone, in the courts of law, or in the heads of departments. the president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session. mr. goodlatte: i now yield to the gentlewoman from new mexico ms. lujan grisham. ms. lujan grisham: he shall from time to time give to the congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient, he may, on extraordinary occasions
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convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper. mr. goodlatte: i now yield to the gentleman from tennessee, mr. roe. mr. roe: shall receive ambassadors and other public ministers, he shall take care that the laws be faithfully executed, and shall cmin all the officersf e it ss. section 4 the president, vice president and all civil officers of the united states, shall be removed from office on impeachment for, and conviction of treason, bribe or other high crimes and misdemeanors. mr. goodlatte: i now yield to the gentleman from new york, mr. nadler.
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mr. nadler:article iii section 1 the judicial power of the united states shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish. the judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. mr. goodlatte: i now yield to the gentleman from michigan, mr. bishop. mr. bishop:the judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the united states and treaties made, or which shall be made, under their authority to all cases affecting ambassadors, other public ministers and consuls
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to all cases of admiralty and maritime jurisdiction, mr. goodlatte: i now yield to the gentlewoman from arizona, mrs. kirkpatrick. mrs. kirkpatrick:to controversies to which the united states shall be a party, to controversies between two or more states, between a state and citizens of another state between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. mr. goodlatte: i now yield to the gentleman from pennsylvania, mr. perry. mr. perry:in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction.
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in all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the congress shall make. mr. goodlatte: i now yield to the gentlewoman from -- i now yield to the gentleman from new york, mr. tonko. mr. tonko:the trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the state where the said crimes shall have been committed, but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed. section 3 mr. goodlatte: i now yield to the gentlewoman from tennessee
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mrs. black. mrs. black:treason against the united states, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. mr. goodlatte: i now yield to the gentleman from california, mr. costa. mr. costa:the congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted. mr. goodlatte: i now yield to the gentleman from virginia, mr. hurt. mr. hurt:article iv
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section 1 full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. and the congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. mr. goodlatte: i now yield to the gentlewoman from florida, ms. castor. ms. castor:the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. a person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
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mr. goodlatte: i now yield to the gentleman from michigan mr. walberg. mr. walberg: new states may be admitted by the congress into this union. but no new state shall be formed or erected within the jurisdiction of any other state nor any state be formed by the junction of two or more states or parts of states without the consent of the legislatures of the states concerned, as well as of the congress. mr. goodlatte: i now yield to the gentleman from illinois, mr. lipinski: mr. lipinski: -- mr.the congress shall have power to lipinski:dispose of and make all needful rules and regulations respecting the territory or other property belonging to the united states and nothing in this constitution
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shall be so construed as to prejudice any claims of the united states, or of any particular state. mr. goodlatte: i now yield to the gentleman from new york mr. zeldin. mr. zeldin:the united states shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion, and on application of the legislature, or of the executive, when the legislature cannot be convened, against domestic violence. mr. goodlatte: i now yield to the gentleman from georgia, mr. scott. mr. scat: -- forbes force mr. scott: -- mr. scott:the congress, whenever two thirds of both houses shall deem
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it necessary, shall propose amendments to this constitution, or on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three fourths of the several states mr. goodlatte: i now yield to the gentleman from georgia, mr. hice. mr. hice:or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the congress, provided that no amendment which may be made prior to the year 1808 shall in any manner affect
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the first and fourth clauses in the ninth section of the first article, and that no state without its consent, shall be deprived of its equal suffrage in the senate. mr. goodlatte: i'm now pleased to yield to the gentleman from california. >>article vi all debts contracted and engagements entered into, before the adoption of this constitution shall be as valid against the united states under this constitution, as under the confederation. mr. goodlatte: i now yield to the gentleman from louisiana, mr. abraham. mr. abraham:this constitution, and the laws of the united states which shall be made in pursuance thereof and all treaties made, or which shall be made, under the
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authority of the united states, shall be the supreme law of the land, and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding. mr. goodlatte: i now yield to the gentleman from texas, mr. castro. mr. castro:the senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the united states and of the several states, shall be bound by oath or affirmation, to support this constitution, but no religious test shall ever be required as a qualification to any office or public trust under the united states. mr. goodlatte: i now yield to the gentleman from california mr. lowenthal. mr. lowenthal:article vii
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the ratification of the conventions of nine states, shall be sufficient for the establishment of this constitution between the states so ratifying the same. mr. goodlatte: i now yield to the gentleman from michigan. >> gone in convention of the united states, presented in one,000 seven00 andate the 12th and witness whereof we have here unto subscribed our names.
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mr. goodlatte: i now yield to the gentlewoman from connecticut, ms. esty. ms. esty:george washington, president and deputy from virginia, delaware -- george read, gunning bedford jr. john dickinson, richard bassett, jacob broom maryland - james mchenry, daniel of st. thomas jenifer, daniel carroll virginia -- john blair, james madison jr. mr. goodlatte: i now yield to the gentleman from oregon, mr. walden. mr. walden:north carolina -- william blount, richard dobbs spaight, hugh williamson south carolina - john rutledge, charles cotesworth pinckney, charles pinckney, pierce butler georgia --
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william few, abraham baldwin mr. goodlatte: i now yield to the gentleman from california, mr. mcnerney. mr. mcnerney:new hampshire -- john langdon, nicholas gilman massachusetts -- nathaniel gorham, rufus king connecticut -- william samuel johnson, roger sherman new york -- alexander hamilton mr. goodlatte: i now yield to the gentlewoman from alabama, mrs. roby. mrs. roby:new jersey -- will livingston, david brearley, william paterson, jonathan dayton pennsylvania -- benjamin franklin, thomas mifflin, robert morris, george clymer, thomas fitzsimons, jared
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ingersoll, james wilson gouverneur morris mr. goodlatte: i now yield to the gentlewoman from california ms. hahn. ms. hahn k4r0 amendment 1, congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peacefully to assemble and to petition the government for a redress of grievances. mr. goodlatte: i now yield to the gentleman from west virginia, mr. jenkins. mr. jenkins:amendment ii
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a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. mr. goodlatte: i now yield to the gentlewoman from texas, ms. jackson lee. ms. jackson lee: read from the third amendment of the bill of rights of the united states constitution. no soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. mr. goodlatte: i now yield to the gentleman from north carolina, mr. rouzer. mr. rouzer:amendment iv the right of the people to be secure in their persons, houses,
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papers, and effects, against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. mr. goodlatte: i now yield to the gentleman from delaware, mr. carney. mr. carney: amendment 5 no person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger. mr. goodlatte: i now yield to the gentleman from arizona, mr. franks. mr. franks: nor shall any
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person be subject for the same offense to be put twice in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property without due process of law. nor shall private property be taken for public use without just compensation. mr. goodlatte: the gentleman from minnesota mr. emmer. mr. emmer: amendment 6, in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have previously been
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ascertained by law. mr. goodlatte: the gentlewoman from california, ms. chu. ms. chu: and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. mr. goodlatte: i now yield to the gentlewoman from indiana mrs. walorski. mrs. walorski: amendment 7, in suits at common law where the value in controversy shall exceed $20, the right of trial by jury shall be preserved and no fact tried by a jury shall be otherwise re-examined in any court of the united states than according to the rules of the common law.
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mr. goodlatte: i now yield to the gentlewoman from washington, the republican conference chair, mrs. mcmorris rodgers. mrs. mcmorris rodgers: amendment 8, excessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishments inflicted. mr. goodlatte: i now yield to the gentleman from colorado, mr. perlmutter. mr. perlmutter: the ninth amendment to the constitution, the enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people. mr. goodlatte: i now yield to the gentleman from pennsylvania, mr. pitts. mr. pitts: amendment 10, the
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powers not delegated to the united states by the constitution, nor prohibited by it to the states are reserved to the states respectively, or to the people. mr. goodlatte: i now yield to the gentlewoman from florida, ms. frankel. ms. frankel: the judicial power of the united states shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the united states by citizens of another state, or by citizens or subjects of any foreign state. mr. goodlatte: i now yield to the gentleman from texas mr. flores. mr. flores: amendment 12, the elect tores shall meet in their respective states and vote by ballot for president and vice
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president, one of whom at least, shall not be an inhabitant of the same state with themselves. they shall name in their ballots the person voted for as president and in distinct ballots the person voted for as vice president. mr. goodlatte: i now yield to the gentleman from minnesota, mr. ellison. mr. ellison: and they shall make distinct lists of all persons voted for as president and of all persons voted for as vice president and of the number of votes for each, which lists they shall sign and certify and transmit sealed to the seat of the government of the united states districted to the president of the senate. mr. goodlatte: i now yield to the gentleman from utah, mr. stewart. mr. stewart: the president of the senate shall, in the presence of the senate and the house of representatives, open all of the certificates and the votes shall then be counted. the person having the greatest number of votes for president
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shall be the president, if such number be a majority of the whole number of electors appointed and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as president. mr. goodlatte: i now yield to the gentlewoman from california, mrs. davis. mrs. davis: the house of representatives shall choose immediately, by ballot, the president. but in choosing the president, the votes shall be taken by states, the representation from each state having one vote. a quorum for this purpose shall consist of a member or members from 2/3 of the states, and a majority of all the states shall be necessary to a choice. mr. goodlatte: i now yield to the gentlewoman from texas, ms. granger. ms. granger: the person having the greatest number of votes as
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vice president shall be the vice president. if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice president. mr. goodlatte: i now yield to the gentlewoman from massachusetts, ms. tsongas. ms. tsongas: a quorum for the purpose shall consist of 2/3 of the whole number of senators, and a majority of the whole number shall be necessary to a choice. but no person constitutionally ineligible to the office of president shall be eligible to that of vice president of the united states. god goode i now yield to the gentleman from -- mr. goodlatte: i now yield to the gentleman from georgia, mr. lewis. mr. lewis: thank you, mr. chairman. the 13th amendment, section 1, neither slavery nor involuntary
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servitude, except as a punishment for crime wrf the party shall have been duly convicted, shall exist within the united states or any place subject to their jurisdiction. section 2, congress shall have power to enforce this article by appropriate legislation. mr. goodlatte: i now yield to the gentlewoman from utah, ms. love. -- mrs. love. mrs. love: amendment 14, section 1, all persons born or naturalized in the united states and subject to the jurisdiction thereof are citizens of the united states and of the state wherein they reside. no state shall make or enforce
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any law which shall abridge the privileges or immunities of citizens of the united states, nor shall any state deprive any person of life liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. mr. goodlatte: i now yield to the gentleman from rhode island, mr. cicilline. mr. cicilline: amendment 14, section 2 representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding indians not taxed. mr. goodlatte: i now yield to the gentleman from michigan, mr. huizenga. mr. huizenga: but when the right to vote at any election for the choice of electors for president and vice president of the united states, representatives in congress,
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the executive and judicial officers of a state, or the members of the legislature thereof is denied to any of the male inhabitants of such state being 21 years of age, and citizens of the united states, or in any way abridged, except for participation in rebellion or other crime and the basis of representation thrin shall be reduced in the number of proportioned in which the number of such male citizens shall bear to the whole number of male citizens 21 years of age in such state. mr. goodlatte: i now yield to the gentlewoman from illinois, ms. schakowsky. ms. schakowsky: section 3, no person shall be a senator or representative in congress or elector of president and vice president or hold any office, civil or military, under the united states, or under any state, who having previously taken an oath as a member of congress or or as an officer of
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the united states. mr. goodlatte: i now yield to the gentleman from kentucky, mr. barr. mr. barr: or as a member of any state legislature or as an executive or judicial officer of any state, to support the constitution of the united states, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. but congress may by a vote of 2/3 of each house, remove such disability. mr. goodlatte: i now yield to the gentleman from california, mr. valadao. mr. valadao: section 4, the validity of the public debt of the united states, authorized by law, including debts incurred for payment of pensions and bounties for
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services in suppressing insurrection or rebellion shall not be questioned. mr. goodlatte: i now yield to the gentleman from pennsylvania, mr. fattah. mr. fattah: thank you. but neither the united states nor any state shall assume or pay any debt or obligation incurred in the aid of insurrection or rebellion against the united states or any claim for the loss or emancipation of any slave, but all such debts, obligations and claims shall be held illegal and void. mr. goodlatte: i now yield to the gentlewoman from california the minority leader, ms. pelosi. ms. pelosi: thank you, mr. chairman. section 5 the congress shall have the power to enforce, by appropriate legislation, the provisions of this article. amendment 15, section 1, the
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right of citizens of the united states to vote shall not be denied or abridged by the united states or by any state on account of race color or previous condition of servitude. mr. goodlatte: i now yield to the gentleman from kansas, mr. yoder. mr. yoder: thank you, mr. chairman. section 2 the congress shall have the power to enforce this article by appropriate legislation. amendment 16, the congress shall have the power to lay and collect taxes on incomes, from whatever source derived without apportionment among the several states and without regard to any census or enumeration. mr. goodlatte: i now yield to the gentlewoman from maryland, ms. edwards. ms. edwards: thank you, mr. chairman. amendment 17, the senate of the united states shall be composed
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of two senators from each state, elected by the people thereof for six years. and each senator shall have one vote. the electors in each state shall have the qualifications requisite electors most numerous branch of the state legislatures. when vacancies happen in the representation of any state in the senate the executive authority of such state shall issue writs of election to fill such vacancies. mr. goodlatte: i now yield to the gentlewoman from indiana, mrs. brooks. mrs. brooks: provided that the legislature of any state may appointments until the vacancies by election as the legislature may direct. this amendment shall not ble so construed as to affect the election or term of any senator chosen before it becomes valid as part of the constitution.
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mr. goodlatte: i now yield to the gentlewoman from california mrs. walters. mrs. walters:amendment xviii the right of the citizens shall vote shall not -- on account of sex, congress shall have power to enforce this article by appropriate legislation. mr. goodlatte: i now yield to the gentlewoman from alabama, miss sewell. ms. suewell: shall end at noon on the 20th day of january and the terms of senator and representatives at noon on the third day of january. of the year in which such terms would have ended if this article had not been ratified and the terms of their successors shall then begin.
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mr. goodlatte: i now yield to the gentleman from pennsylvania mr. fitzpatrick. section 2 the congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of january, unless they shall by law appoint a different day. mr. goodlatte: i now yield to the gentlewoman from new york, ms. clark. ms. clarke: thank you, mr. chairman. section 3 if at the time fixed for the beginning of the term of the president, the president elect shall have died, the vice president elect shall become president. if a president shall not have been chosen before the time fixed for the beginning of his term, or if the president elect shall have failed to qualify, then the vice president elect shall act as president until a
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president shall have qualified, mr. goodlatte: i now yield to the gentleman from virginia, mr. griffith. mr. griffith:and the congress may by law provide for the case wherein neither a president elect nor a vice president shall have qualified, declaring who shall then act as president, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a president or vice president shall have qualified. mr. goodlatte: i now yield to the gentleman from vermont mr. welch. mr. welch:section 4 the congress may by law provide for the case of the death of any of the persons from whom the house of representatives may choose a president whenever the right of choice shall have devolved upon them, and for the case of the death of any of the
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persons from whom the senate may choose a vice president whenever the right of choice shall have devolved upon them. mr. goodlatte: i now yield to the gentleman from california, mr. mcclintock. mr. mcclintock:section 5 sections 1 and 2 shall take effect on the 15th day of october following the ratification of this article. section 6 this article shall be inoperative unless it shall have been ratified as an amendment to the constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission. mr. goodlatte: i now yield to the gentleman from new york, mr. maloney. mr. maloney:amendment xxi section 1 the eighteenth article of amendment to the constitution of the united states is hereby repealed. section 2 the transportation or importation into any state territory, or possession of the united states for delivery or
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use therein of intoxicating liquors, in violation of the laws thereof is hereby prohibited. mr. goodlatte: i now yield to the gentleman from north carolina, mr. pittenger. mr.section 3 pittenger:this article shall be inoperative unless it shall have been ratified as an amendment to the constitution by conventions in the several states, as provided in the constitution, within seven years from the date of the submission hereof to the states by the congress. mr. goodlatte: i now yield to the gentlewoman from texas, ms. johnson. ms. johnson:amendment xxii section 1 no person shall be elected to the office of the president more than twice, and no person who has held the office of president, or acted as president, for more than two years of a term to which some other person was elected
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president shall be elected to the office of president more than once. mr. goodlatte: i now yield to the gentleman from alabama, mr. palmer. mr. palmer:but this article shall not apply to any person holding the office of president when this article was proposed by congress, and shall not prevent any person who may be holding the office of president, or acting as president, during the term within which this article becomes operative from holding the office of president or acting as president during the remainder of such term. mr. goodlatte: i now yield to the the gentlelady from virgin islands ms. plaskett. ms. plaskett:this article shall be inoperative unless it shall have been

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