At a House Appropriations Committee hearing this week, Rep. Mike Levin (D-CA) put forward an amendment that asserts that Congress has the power of the purse, that was opposed by Republicans on the Committee.
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00:00With that, if we have more amendments, obviously, Mr. Levin is recognized for an amendment.
00:09Mr. Chairman, I have an amendment at the desk and I ask unanimous consent to dispense with the reading.
00:14Without objection, the reading of the amendment is dispensed with and the gentleman is recognized for remarks on his amendment.
00:20Thank you, Mr. Chairman. I know it's very late and I know we all want to go home, but I just ask you to listen to me just for a minute or two.
00:27I offer the simplest amendment you're going to see tonight.
00:30It's a simple up or down on whether or not we're a co-equal branch of government, whether or not the Appropriations Committee that I'm new to, but many of you have been here for decades, actually has the power of the purse.
00:41Article 1 says, and I quote, no money shall be drawn by the Treasury, but in consequence of appropriations made by law, end quote.
00:49That's the basic authority of this committee. I would argue it's the most fundamental power in the Congress.
00:55We all worked pretty damn hard to get here and to get on this committee.
00:58We were elected to decide how taxpayer dollars are spent, not to write blank checks for the executive or specifically for the Office of Management and Budget.
01:09I know the director of the OMB has a different view, but the Empowerment Control Act of 1974 is clear.
01:15We have the power of the purse. We have the ability to authorize the programs and to fund them.
01:20So I ask you all, protect this institution. Protect the role that the framers gave us.
01:28They gave Congress. They gave us the power of the purse. Full stop.
01:33And that's all this amendment says. No tricks.
01:36I'm not going to read the whole thing, but it's simply the Respect America's Constitution Amendment.
01:41I fear, my colleagues, that if we don't defend the power of the purse right now, in this moment, we may never get it back.
01:51I'm going to say that again. If we don't defend the power of the purse right now, right here, we may never get it back.
01:58Some of you might think this is funny or a joke. I don't.
02:00I care how these tax dollars are spent. We're responsible for $2 trillion a year.
02:06We damn well ought to live up to that responsibility.
02:10We're either co-equal or we're not.
02:12Mr. Chairman, I'll yield back.
02:15Thank you, gentlemen, and appreciate the amendment.
02:19I just would ask him not to rub it in for those of us that have been here decades.
02:23So with that, recognize my friend, Mr. Carter, to respond to the amendment.
02:30I rise in opposition to this amendment.
02:34This amendment is an attempt to tie the hands of President Trump and his administration's work to cut waste, fraud, and abuse.
02:42The bill has reprogramming requirements as proposed.
02:47This is a duplicate of current language.
02:52I urge my colleagues to oppose the amendment.
02:58The gentlelady from Florida, the ranking member of the subcommittees, recognized for a response to the amendment.
03:04Thank you, Mr. Chairman.
03:05I rise in support of this amendment, and I want to thank Representative Levin for offering it.
03:10I'll remind my colleagues, or make some aware that weren't aware, that earlier last month,
03:15VA Secretary Collins sent our committee a notification.
03:19And I want to emphasize this.
03:21A notification that he planned to move $343 million between accounts at the VA.
03:27He did not ask us permission, which every administration, whether Democratic or Republican, has done and is required by law.
03:34I raised this issue with him at our VA budget hearing, and I want to thank both Chairman Cole and Chairman Carter for backing us up,
03:42because we do actually occasionally stand up for our power of the purse.
03:47Since then, we've received confirmation that those funds remain in place and have not been moved.
03:52This committee and this Congress have never faced such unprecedented attacks on our authority and our role in this democracy.
04:01Our constitutional responsibility, our Article I responsibility, is appropriations, what we do here.
04:09We are a committee, one of two, named in the Constitution.
04:14This amendment reaffirms that the Congress has the power of the purse strings, not the executive branch.
04:20We don't need to be standing up for the executive branch here.
04:23We need to stand up for our co-equal branch of government.
04:26We have to unite as appropriators to support this amendment.
04:29And I thank Mr. Levin for offering it, and I yield back.
04:34Thank you, gentlelady.
04:36Are there other members wishing to comment?
04:39Gentlelady from Connecticut, the ranking member of the full committee, is recognized.
04:44I rise in support of this amendment, which does something all of us should be able to agree on.
04:58It states that the bills we are writing in this chamber are indeed law,
05:04and they become the law of the land when we pass them in the House in a bipartisan way,
05:11and they pass them in the Senate in a bicameral way, and the president signs these laws, these bills into law.
05:20It is the law of the land.
05:22I wish we did not need to be offering such a seemingly obvious amendment, but these are no ordinary times.
05:29The Congress's authority and this committee's very relevance, its relevance, are being directly challenged by a lawless administration every single day.
05:43The Constitution, Article 1, Section 9, Clause 7, read it, reread it, and maybe it'll give you a toughness about what we stand on in the Appropriations Committee.
05:58If it is true that there are Democrats, there are Republicans, and there are appropriators,
06:04then now is the time for appropriators to really to stand up and preserve our constitutional authority over the power of the purse.
06:14We're not the first to assert the power of the purse, as I said, it's in the Constitution, but Alexander Hamilton, and I quote,
06:24where the purse is lodged in one branch and the sword in another, there can be no danger of founding father.
06:33With respect to the suggestion that the president has a constitutional power to decline to spend appropriated funds,
06:40we must conclude that existence of such a broad power is supported by neither reason nor precedent.
06:48Chief Justice William Rehnquist.
06:52Even the president does not have unilateral authority to refuse to spend, quote, end quote,
06:57Justice Kavanaugh, then for the D.C. Circuit.
07:01No area seems more clearly the province of Congress than the power of the purse.
07:07Chief Justice Roberts, much as we love the president, if Congress, in its omnipotence over appropriations
07:16and in accordance with its authority over policy, passed a law that garbage should be put on the White House steps,
07:23it would be our regrettable duty as a bureau in an impartial, nonpolitical, and nonpartisan way
07:29to advise the executive and Congress as to how the largest amount of garbage could be spread
07:35in the most expeditious and economical manner.
07:39Charles Dawes, who was chair of the Appropriations Committee many, many years ago.
07:47Now, if you think about, let's move up.
07:50Antonin Scalia proudly proclaimed as much, and no liberal torchbearer, I might add,
07:57proclaimed as much in reference to the Supreme Court's decision in train versus city of New York
08:02that there is no inherent authority of the president to impound funds, to steal funds appropriated by the Congress.
08:13There is no unilateral authority to refuse to spend.
08:17If you, this is a myth.
08:21The myth of presidential empowerment power goes all the way back to 1789.
08:28And if there has been a refusal of funds or there has been a delay of funds,
08:34that power has emanated from the Congress and not from the president.
08:40We are a nation of laws under the Constitution.
08:47Eroding the Constitution inevitably erodes the freedom and liberty and the prosperity of Americans.
08:55If the Appropriations Committee cannot agree that the resources that we appropriate in law
09:02are indeed the law of the land, then why are we here?
09:08I urge my colleagues, and I thank Congress 11 for introducing this amendment.
09:16I urge you to support this amendment.
09:19Hold on to the power that the Constitution has given appropriators.
09:25That's why we serve on this committee.
09:28And we have jurisdiction over $1.6 trillion every year.
09:33If we let it go, if we give it over to the executive, then we ought to look for another committee to be a part of.
09:41I yield back.
09:45Thanks, gentlelady.
09:47Are there other members, gentlemen from Maryland, recognized to address the amendment?
09:53Mr. Chairman.
09:54The chairman of the subcommittee.
09:56Mr. Chairman, the chairman of the subcommittee said that this amendment was designed to tie the president's hands.
10:13It was the founders who tied the president's hand.
10:19They did not want a King George.
10:24They did want a President George, subject to the responsibility given to this body,
10:32of which we are the principal representative as the Appropriations Committee.
10:37And if we defeat this amendment, we erode that responsibility and that charge given to us
10:47by the Constitution, to which we raised our hand and swore allegiance,
10:53and that we would bear truth to that responsibility and pledge.
11:00This amendment speaks to what the founders absolutely intended us to be a republic, not a monarchy,
11:13a representative government, not a tool of the leader, whoever that leader may be.
11:22Let us summon some sense of integrity in our votes and not simply be subject to some knee-jerk reaction
11:36that one side proposed it and therefore it must be wrong or rejected.
11:42I ask you to support this amendment.
11:46Thanks, gentlemen.
11:47Are there other members wishing to address the amendment?
11:50Seeing none, the gentleman is recognized for one minute to close.
11:57Colleagues, I ask you, what are you afraid of?
12:00What are you afraid of?
12:02Voting against this amendment is voting to undermine this institution that we were all duly elected to.
12:09We were elected to serve the interests of roughly 750,000 constituents all across this great country.
12:17It's the honor of a lifetime for me.
12:18And as I look around this room and I see all the portraits of all the great chairs of this committee over these past decades,
12:26what would they say right now to each of you?
12:30Would they tell you to abdicate your responsibilities under the Constitution to undermine the interests of this institution?
12:38For what?
12:39Because you're afraid of what?
12:43You were elected.
12:45You were elected.
12:46Remember that.
12:48Vote yes on this amendment.
12:49We are the House of Representatives.
12:51You are the elected representatives of the people.
12:54I yield back.
12:54I thank the gentleman.
12:58The question is now on the amendment offered by the gentleman from California.
13:02All those in favor say aye.
13:05Aye.
13:06All those opposed say no.
13:08No.
13:09Opinion of the chair, the no's have it.
13:12Roll call has been requested.
13:14Sufficient number of hands have been raised.
13:17So the clerk will call the roll.
13:20Mr. Adderholt.
13:22Mr. Adderholt, no.
13:23Mr. Aguilar.
13:24Aye.
13:25Mr. Aguilar, aye.
13:26Mr. Alford.
13:27Mr. Alford, no.
13:29Mr. Amaday.
13:29Mr. Amaday, no.
13:31Mrs. Bice.
13:32Mrs. Bice, no.
13:33Mr. Bishop.
13:36Mr. Bishop.
13:37Mr. Bishop, aye.
13:41Mr. Calvert.
13:42Mr. Calvert, no.
13:43Mr. Carter.
13:44Mr. Carter, no.
13:45Mr. Case.
13:46Aye.
13:46Mr. Case, aye.
13:47Mr. Siskamani.
13:49Mr. Siskamani, no.
13:50Mr. Klein.
13:54Mr. Klein, no.
13:56Mr. Cloud.
13:57Mr. Cloud, no.
13:58Mr. Clyburn.
13:59Aye.
14:00Mr. Clyburn, aye.
14:01Mr. Clyde.
14:03Mr. Clyde, no.
14:04Mr. Cole.
14:05No.
14:05Mr. Cole, no.
14:06Mr. Cuellar.
14:07Aye.
14:08Mr. Cuellar, aye.
14:09Ms. Dean.
14:10Ms. Dean, aye.
14:11Ms. DeLauro.
14:11Aye.
14:12Ms. DeLauro, aye.
14:13Mr. Diaz-Balart.
14:14Aye.
14:15Mr. Diaz-Balart.
14:16No. Mr. Edwards. Mr. Edwards, no. Mr. Elzey. Mr. Elzey, no. Ms. Escobar. Ms. Escobar. Ms. Escobar, aye. Mr. Espayat. Aye. Mr. Espayat, aye. Mr. Fleischman. No. Mr. Fleischman, no. Ms. Frankel. Ms. Frankel, aye. Mr. Franklin. No. Mr. Franklin, no. Mr. Gonzalez. Mr. Gonzalez, no. Mr. Guest. No. Mr. Guest, no. Mr. Guest, no. Mr. Harder. Aye. Mr. Harder, aye. Dr. Harris.
14:44Dr. Harris, no. Mrs. Henson? Mrs. Henson, no. Mr. Hoyer? Aye. Mr. Hoyer, aye. Mr. Ivey? Aye. Mr. Ivey, aye. Mr. Joyce?
14:55Mr. Joyce, no. Ms. Captor? Yes. Ms. Captor, aye. Mr. Lalota? No. Mr. Lalota, no. Ms. Lee?
15:05Aye. Ms. Lee, aye. Ms. Letlow? Ms. Letlow? No. Mr. Levin? Aye. Mr. Levin, aye. Ms. Molloy?
15:17Ms. Molloy? Ms. Molloy? No. Ms. McCollum? Aye. Ms. McCollum, aye. Ms. Ming? Aye. Ms. Ming, aye. Mr.
15:27Mr. Molinar. No. Mr. Molinar, no. Mr. Moore. No. Mr. Moore, no. Mr. Morelli. Aye.
15:34Mr. Morelli, aye. Mr. Murvan. Aye. Mr. Murvan, aye. Mr. Newhouse. No. Mr. Newhouse, no.
15:42Ms. Perez. Yes. Ms. Perez, aye. Ms. Pingree. Aye. Ms. Pingree, aye. Mr. Porcán. Aye.
15:47Mr. Porcán, aye. Mr. Quigley. Mr. Relius. Mr. Quigley, aye. Mr. Roshenthaler.
15:50No. Mr. Roshenthaler. No. Mr. Rogers.다 south light in coming to contact,
15:55Mr. Rogers, no. Mr. Rutherford. Mr. Rutherford, no. Mr. Simpson. Mr. Simpson, no. Mr. Strong.
16:05Mr. Strong, no. Mrs. Torres.
16:11Mrs. Torres, aye. Ms. Underwood.
16:14Ms. Underwood, aye. Mr. Valadeo. Mr. Valadeo, no. Ms. Watchman-Schultz, aye.
16:19Ms. Watchman-Schultz, aye. Mrs. Watson-Coleman. Mrs. Watson-Coleman, aye. Mr. Womack.
16:23Mr. Womack, no. Mr. Zinke. Mr. Zinke, no.
16:28Does any member wish to record their vote or change their vote?
16:36Seeing none, the clerk will tally.
16:40Is that Walsh?
16:42What's her name? Tulsi Gabbard.
16:45Yeah, we probably have to confirm those people.
16:48No.
16:48No.
16:49No.
17:15No.
17:15No.
17:16On this vote, the ayes are 28, the nos are 35, the amendment is not adopted.