Congress Budget for the United States Government for Fiscal Year 2009--Continued
Floor Speech
CONGRESSIONAL BUDGET FOR THE UNITED STATES GOVERNMENT FOR FISCAL YEAR 2009--Continued -- (Senate - March 12, 2008)
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AMENDMENT NO. 4242
Mr. CORNYN. Madam President, I have an amendment that will create a 60-vote point of order against any legislation that raises income tax rates on the American people.
If this sounds familiar, it is. Last year the Senate voted, by a vote of 63 to 35, to pass this particular amendment. In a time when there is precious little bipartisan cooperation in the Senate on important matters, this is a list of the Senators on the other side of the aisle who, on March 21, 2007, voted in favor of this point of order that would require a vote of at least 60 Senators in order to raise income tax rates on the American taxpayer.
Now I know the distinguished chairman of the Budget Committee and others have claimed that this budget does not contemplate an increase in taxes for the American people. I frankly do not understand that, because I do not know how you raise the kind of revenue that is necessary in order to make this budget balance without raising taxes dramatically on the American people.
But I believe this point of order is an insurance policy, so when Congress decides to look into the pocketbook of taxpayers for more revenue, we ought to look first to eliminate Government waste, fraud, and abuse.
What concerns families and small businesses have about the economy is now is not the time to think about raising taxes. Of course, this amendment will not hinder our efforts to close down illegal tax shelters or close perceived loopholes in the Internal Revenue Service Code.
The amendment deals with the tax tables contained in 1040 forms that the IRS annually sends to every American taxpayer. Nor will it hinder efforts to overhaul the Tax Code. I believe the Tax Code is way too Byzantine and complex. We need to make our Tax Code fairer, simpler, and our tax rates flatter. But any tax simplification and reform effort will need bipartisan support from the Senate.
I believe the support for the amendment as we had last year would demonstrate a strong bipartisan commitment not to raise taxes at a time particularly when our economy is starting to show some softness.
As former Chief Justice John Marshall once said:
The power to tax is the power to destroy.
The power to tax is indeed one of the most powerful tools available to the Congress. My amendment puts in place safeguards that will protect the pocketbooks of middle-class families, college students, and hard-working American taxpayers, put a safeguard in place that will protect them.
I know there will be strong bipartisan support for this amendment when it is offered. I believe it is important that the American people hear the Senate's voice that now is not the time to raise income tax rates. I ask my colleagues once again to support this strong bipartisan protection for American taxpayers.
I yield the floor.
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AMENDMENT NO. 4242
Mr. CORNYN. I send an amendment to the desk and ask for its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the amendment.
The assistant legislative clerk read as follows:
The Senator from Texas [Mr. CORNYN] proposes an amendment numbered 4242.
Mr. CONRAD. Madam President, I ask unanimous consent that the reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4242) is as follows:
(Purpose: To protect the family budget by providing for a budget point of order against legislation that increases income taxes on taxpayers, including hard-working middle-income families, entrepreneurs, and college students)
At the end of title II, insert the following:
SEC. __. POINT OF ORDER ON LEGISLATION THAT RAISES INCOME TAX RATES.
(a) Point of Order.--
(1) IN GENERAL.--In the Senate, it shall not be in order to consider any bill, joint resolution, amendment, motion, or conference report that includes a Federal income tax rate increase.
(2) DEFINITION.--In this subsection the term ``Federal income tax rate increase'' means any amendment to subsection (a), (b), (c), (d), or (e) of section 1, or to section 11(b) or 55(b), of the Internal Revenue Code of 1986, that imposes a new percentage as a rate of tax and thereby increases the amount of tax imposed by any such section.
(b) Waiver.--This section may be waived or suspended only by an affirmative vote of three-fifths of the Members, dully chosen and sworn.
(c) Appeals.--An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section.
Mr. CONRAD. While we are giving a chance for the Parliamentarian to review this amendment, maybe we can go to Senator Reed for discussion of his amendment.
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Mr. CORNYN. Madam President, I understand the concerns of the Senator. It will take 60 votes to waive the point of order. Sixty-three Senators voted for the amendment last year. My hope would be they would vote with me to waive the point of order. Unfortunately, the Senator is correct. After 63 Senators voted on a bipartisan basis for this amendment last year, it was stripped in the conference. Unfortunately, this is the kind of thing that tends to undermine public confidence in what we are doing, when we see a strong bipartisan show of support for a commonsense amendment and then, behind closed doors, it is later stripped from the legislation. I respect and understand the concerns of the Senator. I will move to waive the budget point of order at the appropriate time.
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