Debate Remarks by Senator Tom McClintock

Senate Floor, September 6, 2001

Mr. President,
I rise in support of this measure. I urge an "aye" vote. Regardless of who is responsible, it is good policy, and we should support it.

But I also rise to point to a much larger and more vexing constitutional issue that this measure touches upon, and that is the question, by what authority does the Congress and the Administration assert their right to tell Californians how we will formulate the gasoline to be used in California? By what provision of the Constitution do they have that authority over us?
The answer is: There is none. And by the way, they do not assert any. They do not claim to have any constitutional authority to impose these requirements on California.

Well, then what's the fuss about? Well, it's because they take our money and then bribe us with it. They take our money and say, "We know we have no constitutional authority to impose these mandates, but unless you voluntarily agree to these mandates that we have imposed, we will withhold all of the money we have just taken from you." And at some point, this Legislature is going to have to come to grips with the fact that perhaps all of the federal mandates are no longer worth getting our money back. Perhaps the time is coming when states like California look at the federal government, stand upon our constitutional rights, and tell them to "go pound sand."

In the meantime, a first step would be to vote for this resolution.

The measure, SJR 22, passed by a vote of 28 to 1.