On the recordJuly 28, 2014
I want to thank the gentleman from New York. I just want to take a moment to compliment both Mr. Horsford and Mr. Jeffries for this Special Order, among others. I could not imagine, as we end this session, to have a more important statement to the American people. We want to work, and in a few days, we will be voting on an action to sue the President of the United States. Let me refer you to Justice Antonin Scalia, who has said in United States v. Windsor: Our Constitution rejects a system in which Congress and the executive can pop immediately into court whenever the President implements a law in a manner that is not to Congress' liking. Former Chief Justice William Rehnquist wrote that while some European countries allow one branch of government to sue another, that is obviously not the regime that our Constitution establishes. Our Constitution contemplates a more restricted role for article III courts. In fact, our Constitution clearly states the separation of the three branches of the government: the judiciary, the legislature, and, of course, the executive branch of government. That is the way it is supposed to be structured. Now, we come and find ourselves with the legislature trying to step into leading the executive. The President has made it very clear. What has he done wrong? We just heard the Speaker of the House tell the President with respect to the unaccompanied children: you can handle it. Well, frankly, I would make the argument that you are right.…
