‘The Essence Of Our Democracy’: Steny Hoyer Defends Judges, Blasts ‘Disdain’ For Checks On Executive Power

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During a House Appropriations Committee hearing last week, Rep. Steny Hoyer (D-MD) spoke in support of the judiciary for upholding checks and balances.

Transcript

00:00Thank you, Ms. Henson, and the chair now recognizes the gentleman from Maryland, Mr.

00:06Hoyer.

00:07I want to thank the chair member.

00:09Thank you very much.

00:10I don't have any questions, but I do want to make an observation on Mr. Clown's comments.

00:18I've been here a long time, but in the history of the country, I do not think we've had,

00:24in recent times, we have not had the challenge to the Congress's authority as we've seen

00:31in this administration.

00:33There are judges, including the Supreme Court, who have concluded on a TRO basis or a temporary

00:42basis, I don't know of a final decision, but that the administration is not following the

00:50law.

00:51Mr. Clown observes that the district court judges are somehow accruing to themselves

00:56executive authority.

00:58I differ with the gentleman.

01:01What they are saying is, in their judgment, the executive does not have the authority that

01:06they're exercising.

01:08That is what checks and balances means.

01:11That is the essence of our democracy.

01:13That is the essence of how one branch checks the other branch.

01:19And I want to make it very clear that the disdain that is directed at judges for saying that

01:30the executive department is not acting consistent with the law and with the separation of powers,

01:38is not accruing to itself executive authority.

01:41It is doing its job of asserting what the balance, correct balance, under law and under the Constitution

01:48is between the three branches of government.

01:52And I, for one, would hope that judges would continue to do that.

01:57And very frankly, I've been upset with judges in the past, as we all get upset, because we

02:02disagree with them.

02:04That's our democracy.

02:05We disagree.

02:06I've disagreed strongly with the Supreme Court.

02:12But I've never suggested that, therefore, one of them be removed or a group of them be

02:17removed because of decisions that I didn't like.

02:21We have a structure to do that.

02:23We have constitutional amendments, which are very difficult.

02:27We have statutory law, which is not nearly as difficult.

02:32And we have elections for presidents in Congress to change policy.

02:38But I want to make that observation, Mr. Chairman, because I think the assertion that somehow judges

02:47are accruing to themselves authority, which they do not have, is inaccurate.

02:53And I'm going to go back to my other hearing now, Mr. Chairman.

02:56To say.

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