On the recordJuly 13, 1998
I rise in support of the property rights legislation we are currently considering. The question we have to answer today is simple. Do we want to give to homeowners and farmers the same rights to go to Federal court when their constitutional rights are infringed that we already give to flag burners and neo-Nazis who preach hate. For my Part, I think that hardworking farmers and homeowners ought to have at least as many constitutional rights as Nazis and flag burners. For the benefit of my colleagues, I'd like to point out how this bill would change current law to correct the outrageous preference that activist Federal judges have given to flag burning over property rights. The current bill modifies the abstention doctrine, which provides that Federal courts will decline to hear certain court cases if there is on-going litigation in State court or before a State administrative agency. Now, on its face, the abstention doctrine sounds good. I believe that Federal courts should decline to hear lawsuits when State governments or State courts are in the process of considering the same issues. This prevents the duplication of efforts and respects States' rights. The property rights bill we're considering today would create an exception to the abstention doctrine for people who want to protect their constitutional right to own and control their property.
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