Arlen Specter: “I have sought recognition and asked for this reservation of time to express my concerns about the record which the…”

“I have sought recognition and asked for this reservation of time to express my concerns about the record which the Senate is creating so that whatever legislation we pass will pass constitutional muster. The Supreme Court of the United States has handed down a series of decisions in the past decade which question the constitutionality and, in fact, invalidate acts of Congress because there has been an insufficient record compiled. So I make these statements and review the record so far with a view to urging my colleagues to create a record in this Chamber, in conference, or wherever that opportunity may present itself. In 1989, in the case of Sable v. FCC, the Supreme Court of the United States struck down an act of Congress saying, ``no Congressman or Senator purported to present a considered judgment.'' I thought it was a remarkable statement by the Supreme Court since Congressman Tom Bliley in the House of Representatives had established a very comprehensive record. The Supreme Court in 1997, in a case captioned Reno v. ACLU, again invalidated an act of Congress noting, ``the lack of legislative attention to the statute at issue in Sable suggests another parallel with this case.'' It was surprising to me that the Supreme Court of the United States would invalidate an act of Congress on the ground that no Senator or Congressman had purported to present a considered judgment, when that is the view of the Supreme Court which is contrary to Congress.”