Motion to Instruct Conferees on H.R. 240, Department of Homeland Security Appropriations Act, 2015

Floor Speech

Date: Feb. 27, 2015
Location: Washington, DC

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Mr. HOYER. Madam Speaker, I rise in support of this motion. I also rise to lament the fact that we had an opportunity just a few hours ago, or an hour ago, to do what the Senate rationally did. After four opportunities of trying to adopt the House position, the Senate failed to do so.

Now, I heard my young friend from Texas talk about the Constitution. I have heard a lot of people say we ought to read the Constitution. I agree with that. The Constitution has provided for the resolution of the injury of which you speak so passionately, and that is Article III of the Constitution.

Marbury v. Madison said that the Supreme Court had the authority, whether it was the President or the Congress, to say that that is not constitutional. Frankly, by our passing a law and saying this is constitutional, as has been attempted and done in the past by my Republican friends, to say, ``we say, by legislative fiat, this is constitutional,'' unfortunately, today, we gave up the opportunity to act responsibly. My friend Mr. Rogers, for whom I have great respect, and Mrs. Lowey know we are going to be back here some 20 days from today with this same debate because the Senate has already said they are not going to conference. When I say ``the Senate,'' the Democrats are not going to give 60 votes as the Republicans would not give 60 votes to go to conference on other bills in past years.

What we did was we reversed the order of the legislation we are considering. Had we done the original order, we would have done this motion to go to conference and the motion to instruct first. As a result, we would have still had the Senate bill in the House of Representatives so as to act responsibly, but there apparently was a fear that we might do that, so that bill was sent back to the Senate before we considered the CR for 21 days.

I urge my colleagues to vote ``yes'' on this motion to instruct. Vote ``yes'' to, at some point in time, do what is the responsible and doable alternative. It is not a question of whether you like it or I like it. It is the alternative that we in the Congress can do, and that is why 68 Members of the United States Senate--Republicans and Democrats--voted to say we have tried for 6 weeks to do what we all need to do, and that is to fund the Department of Homeland Security to keep America safe. We are going to delay that; but, at a minimum, we ought to say to the conferees--and few of us on this floor believe there will be any conference. Again, the Senate will not vote to go to conference. Let us vote at least for this responsible motion made by the gentlewoman from California.

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