Melvin Watt: “If we want to set up a judicial process where we spend 200 years defining what the word ``de minimis'' means and have…”

“If we want to set up a judicial process where we spend 200 years defining what the word ``de minimis'' means and have the courts do it, that is what this bill is going to do. But even more important is, we are setting up a direct conflict between the Congress' definition of de minimis and the court's definition of de minimis. Because when we say the measure is going to be measured, determined at the time of the adoption of the bill, we are trying to give the Congress the authority to make its decision about what the word ``de minimis'' means. But we cannot do that. So basically what we have done is set up a direct conflict between the legislative branch of the government and the judicial branch of the government. That is exactly what we have done. Now, I recognize that. I recognized that the first time we debated this bill in committee. I recognized it before the Committee on Rules 2 days ago. I went to the Committee on Rules and I said, would you allow me to bring to the floor an amendment which would improve this legislation, which would make it clear that the sole authority that the Supreme Court will have is to determine whether the Congress has followed its own rules in making this determination so that we could avoid this conflict between the legislative branch and the executive branch?”