Steny Hoyer: “I supported the Defense of Marriage Act. I rise now in the defense of the Constitution of the United States. I rise now…”

“I supported the Defense of Marriage Act. I rise now in the defense of the Constitution of the United States. I rise now in defense of the separation of powers. I rise now in defense of a Nation of laws, not of men and women. Mr. Speaker, I urge all of my colleagues to seriously consider the ramifications of the legislation under consideration. If this bill becomes law, it will represent the first time in our history that Congress has enacted legislation that completely bars any Federal court, including the United States Supreme Court, from considering the constitutionality of Federal legislation. Thus, it contradicts the Supreme Court's historic ruling more than 200 years ago in Marbury v. Madison, which enunciated the principle of Federal judicial review of Federal laws and established the separation of powers doctrine. This legislation, however, would undue the deference and respect that Congress has given to the principle of judicial review. It would intrude upon the principle of separation of powers; and as a result, I believe it is unconstitutional.”