National Defense Authorization Act For Fiscal Year 2010

Floor Speech

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Mr. DURBIN. Does the Senator from Vermont recall that when Attorney General Holder appeared before the Judiciary Committee, he was asked pointblank if, in the course of a religious ceremony or religious observance, a person gave a sermon, made a speech that was negative toward people of different sexual orientation and someone in the congregation, after hearing the sermon, committed an act of violence, the Attorney General was asked, would the person who gave the sermon, gave the speech, be held responsible under the hate crimes act and the Attorney General responded no because the hate crimes act requires a physical act of violence in order for there to be a prosecution? Does the Senator from Vermont recall that?

Mr. LEAHY. I recall that very well. I also note that every single Republican, every single Democratic member on the committee agreed with Attorney General Holder on that.

My amendment simply says that the Constitution of the United States controls. That is the ultimate law of the land. I can't imagine anybody in this body disagreeing with that, especially as every single Member of this body has taken an oath to uphold the Constitution of the United States.

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