On the recordMay 9, 2012
Madam Chair, I'm not sure that I understand the basis of the amendment that we should defund the Justice Department from any effort to defend a law if the polling indicates that it is unpopular at the moment. The polling on the health care reform law has varied since its enactment. At times it has enjoyed majority support; at times it has enjoyed minority support. Almost entirely throughout the period since its passage, if you ask people whether they support the components of the health care reform law, Americans overwhelmingly say that they do. But, nonetheless, is this really the basis that we want to make whether we can defend the constitutionality of a law, and that is: What do the polls say? If so, then perhaps we ought to broaden the gentlewoman's amendment to say that, whenever a law is unpopular in the country, we should refuse to allow the Justice Department to support its constitutionality. In fact, many of the laws that we pass here are not always popular. Sometimes they're the right thing to do, and sometimes they're the hard thing to do. I would imagine that some of the decisions that we make on the debt ceiling and other things, if we put them to a poll, would be very unpopular but, nonetheless, necessary. Are we going to say that because they're unpopular at the moment that they're, therefore, for no other reason, unconstitutional? I don't think so.…