On the recordJune 27, 2013
I appreciate the comments of the committee chair, but I must respectfully disagree with him on the merits. First, with regard to the Gulf of Mexico, the restrictions on current development stretch 100 miles off the shores of Florida, a matter that is of great import in my State. Furthermore, the fact is that we cannot specifically restrain a future court from deciding contrary to the gentleman's opinion unless we do so in this bill. Now, we've already had the experience this week that, on Tuesday, a certain number of Members of this body were disappointed by a Supreme Court decision; and on Wednesday, other Members were disappointed by a Supreme Court decision. Both of those decisions had to do with federalism; both those decisions had to do with the construction of legislation. If we want to ascertain and commit to the fact that we're not changing current law, the only way to do that is to say that we are not changing current law. By not doing so, we would be giving, in effect, a hostage to future courts for the end of time. It's in the nature of the supremacy clause that unless we say we are not taking away states' rights, we might do so inadvertently. And that's exactly what this amendment would prevent. Now, with regard to the second point, I don't know what foreign law may provide with regard to States, but I do know what American law provides.…





