Dec 6, 2016
when a security official--officials--tell you something is classified, don't believe them.
Patrick Moynihan
The Public Record
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December 6, 2016
If the present report is to serve any large purpose, it is to introduce the public to the thought that secrecy is a mode of regulation.…
— Patrick Moynihan
Most widely reported
by number of sources- I introduce this bill to repeal an unprecedented provision--unprecedented until the 104th Congress--to tamper with the constitutional protection of habeas corpus. The provision reads: (d) An application for writ of habeas corpus on behalf of a person in custody pursuant to the judgment of State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim-- (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. In 1996 we enacted a statute which holds that constitutional protections do not exist unless they have been unreasonably violated, an idea that would have confounded the framers. Thus, we introduced a virus that will surely spread throughout our system of laws. Article I, section 9, clause 2 of the Constitution stipulates, ``The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.''3 sources1999govinfo.gov
- today, I introduce a bill to provide access to health insurance for individuals between the ages of 55-65. These individuals are too young for Medicare, not poor enough to qualify for Medicaid, and in many cases, are forced into early retirement or pushed out of their jobs in corporate downsizing. The ``Medicare Early Access Act'' is based on the President's three-part initiative announced last January. The bill is a targeted proposal to give older Americans under 65 new options to obtain health insurance coverage. Many of these Americans have worked hard all their lives, but, through no fault of their own, find themselves uninsured just as they are entering the years when the risk of serious illness is increasing. This legislation attempts to bridge the gap in coverage between years when persons are in the labor force and the age (65) when they become eligible for Medicare. The bill has three parts: (1) It enables persons between ages 62 and 64 to buy into Medicare by paying a full premium; (2) It provides displaced workers over age 55 access to Medicare by offering a similar Medicare buy-in option; and (3) It extends COBRA coverage to persons 55 and over whose employers withdraw retiree health benefits. The program is largely self-financing and is substantially paid for by premiums from the beneficiaries themselves.3 sources1999govinfo.gov
- I rise to express great appreciation on my part to my revered friend and colleague, Senator Schumer, and to Senator Leahy, Chairman Hatch, Senator Lott, Senator Daschle, and all Senators for their vote confirming the nomination of Judge Daniels unanimously. It is much appreciated. I assure you, he will perform a service to the Republic for many years ahead.3 sources2000govinfo.gov
- just over 98 years ago, in March 1901, the Senate Committee on the District of Columbia was directed by Senate Resolution to ``report to the Senate plans for the development and improvement of the entire park system of the District of Columbia * * * (F)or the purpose of preparing such plans the committee * * * may secure the services of such experts as may be necessary for a proper consideration of the subject.'' And secure ``such experts'' the committee assuredly did. The Committee formed what came to be known as the McMillan Commission, named for committee chairman, Senator James McMillan of Michigan. The Commission's membership was a ``who's who'' of late 19th and early 20th century architecture, landscape design, and art: Daniel Burnham, Frederick Law Olmsted, Jr., Charles F. McKim, and Augustus St. Gaudens. The Commission traveled that summer to Rome, Venice, Vienna, Budapest, Paris, and London, studying the landscapes, architecture, and public spaces of the grandest cities in the world. The McMillan Commission returned and fashioned the city of Washington as we now know it. We are particularly indebted today for the Commission's preservation of the Mall.2 sources1999govinfo.gov
- Let me read excerpts from the letter: The habeas corpus provisions in the Senate bill * * * are unconstitutional. Though intended in large part to expedite the death penalty review process, the litigation and constitutional rulings will in fact delay and frustrate the imposition of the death penalty * * * The constitutional infirmities * * * violate the Habeas Corpus Suspension Clause, the judicial powers of Article III, and due process * * *. * * * A measure is subject to proscription under the due process clause if it "offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental," as viewed by "historical practice." That language is Medina versus California, a 1992 decision. To continue, Independent federal court review of the constitutionality of state criminal judgments has existed since the founding of the Nation, first by writ of error, and since 1867 by writ of habeas corpus. Nothing else is more deeply rooted in America's legal traditions and conscience. There is no clause in which "a state court's incorrect legal determination has ever been allowed to stand because it was reasonable." That is Justice O'Connor, in Wright versus West. She goes on, as the attorneys general quote. "We have always held that federal courts, even on habeas, have an independent obligation to say what the law is." If I may interpolate, she is repeating the famous injunction of Justice Marshall in Marbury versus Madison.2 sources1999govinfo.gov
- I rise in the first instance to congratulate the chairman of our committee and his vice chairman for the extraordinary work they have done in less than a year. I make the point, it is a point of Senate procedure, that it is rare there is a chairman and vice chairman, not chairman and ranking member. This has been a wholly bipartisan effort from the first, and I think we can see that from the results in so brief a span. The issue has been with us for some while, and it would be derelict of me not to mention that it was brought to my attention by a dear friend from New York, a financial analyst, John Westergaard, who began talking to me about the matter in 1995. On February 13 of 1996, I wrote to the Congressional Research Service to say: Well, now, what about this? Richard Nunno authored a report which the CRS sent to me on June 7 saying that 'the Y2K problem is indeed serious and that fixing it will be costly and time-consuming. The problem deserves the careful and coordinated attention of the Federal Government, as well as the private sector, in order to avert major disruptions on January 1, 2000.'2 sources1999govinfo.gov
congress.gov
Dec 16, 2009
everyone can have their own opinions about policy, but there is only one law of numbers and one rule of arithmetic
Dec 15, 2000
in 1972, the Senate gave its advice and consent to ratification of the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, but subject to the passage of…
Dec 15, 2000
I dare not ask a World War II pilot veteran to lift this or the rules on ergonomics might be contradicted. But I congratulate you, sir.
Dec 15, 2000
I will not require more than a few moments to thank my friend from New Jersey and express confidence in the Senators from Massachusetts and Delaware who have just spoken, to thank the distinguished chairman of the Appropriations Committee…
Dec 15, 2000
on this last day of the 106th Congress I would ask to be allowed a moment of reminiscence and farewell. Come January 3--deo voluntus, as the Brothers used to teach us--I will have served four terms in the United States Senate, a near…
Oct 28, 2000
May I simply thank my revered friend. We have been together, even across the aisle, for a near quarter century. There is no one whose regard I greater value and whose remarks I could not be more moved by.
Oct 28, 2000
I rise for the pleasant purpose of noting the decision by the Committee on Rules to add two names to that very special group that is portrayed in our reception room--six of the most distinguished Senators in our history. We have now added…
Oct 23, 2000
I wonder if I might ask our distinguished leader, he mentioned the Executive Calendar. The Finance Committee has held hearings on six nominees, two tax court judges of some considerable salience, two public trustees of the Social Security…
Oct 13, 2000
my great thanks to the chairman of the Finance Committee for his efforts in bringing this legislation, the Tariff Suspension and Trade Act of 2000, to a successful conclusion. Last November, the World Trade Organization Seattle Ministerial…
Oct 12, 2000
the news from the Middle East is deeply painful to all who pray for the peace of Jerusalem. Three months ago at Camp David the State of Israel offered the Palestine Authority unprecedented concessions in an effort to end the cycle of…
Oct 6, 2000
I rise to introduce a Sense of the Senate Resolution that calls on the National Park Service to relocate the Hamilton Grange, which is the home of Alexander Hamilton. As Washington's aide-de-camp during the Revolution, delegate to the…
Oct 4, 2000
You say ``reservations.'' Sir, if there are any reservations about the legislation as such, I would hope they would bring them to the attention of Senator Roth, myself, and others, and the administration. This is absolutely must do…
Oct 3, 2000
in April, 1808, Secretary of the Treasury Albert Gallatin proposed to the Senate a national system of roads and canals, an idea feasible because payment of the National debt was within reach. It was a time for thinking big. A canal between…
Oct 2, 2000
When I arrived at the Senate near 25 years ago, it was very clear to me that I would look to Robert C. Byrd as my mentor; and he has been. I have sat at the foot of this Gamaliel for a quarter century. As I leave, sir, he is my mentor…
Sep 28, 2000
Sir, I would like to speak to the matter that the Senator from West Virginia has addressed from the perspective of the Finance Committee. I think the Senator will agree that most of the budget of the Federal Government goes through the…
Sep 26, 2000
early this Congress, I introduced S. 224, the Stop Tax-Exempt Arena Debt Issuance Act or STADIA for short. This bill would end a tax subsidy that inures largely to the benefit of wealthy sports franchise owners, by eliminating…
Sep 19, 2000
I say to our chairman, as evidenced by the fact that this measure was reported 19-1 in the Finance Committee. I thank the Chair. We are at a moment of history and the omens are excellent.
Sep 19, 2000
I know Senator Roth will join me in expressing great gratitude and appreciation for Senator Warner's characteristic generosity. It comes from the chairman of the Armed Services Committee, which is doubly important. Mr. President, we are…
Sep 14, 2000
could I respond in the most emphatically sympathetic and supportive way to the statement of the Senator from Texas. In 1993, this Congress passed legislation to create the Commission on Protecting and Reducing Government Secrecy in the…
Sep 13, 2000
Would he know that the current best estimate is that the GDP of Russia is now approximately that of Switzerland?
Sep 13, 2000
just 2 days ago, the Washington Times carried a fine article by our former colleague, Rudy Boschwitz, and Robert Paarlberg, who is a professor of political science at Wellesley College, entitled ``China Trade Boosts Farmers,'' subtitled…
Sep 13, 2000
if I might respond, there is an extraordinary symmetry to what we are doing today. Toward the end of the Second World War, when China was our ally, we gathered at Bretton Woods in New Hampshire and drew up the plans for what became the…
Sep 13, 2000
And that sequence, exactly as he has described it, total ownership to no ownership, as against the transformation before our eyes, is taking place in the PRC.
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