Ron Kind: “I will vote ``present'' today on this bill, not because I do not personally believe in the motto adopted by the State of…”

“I will vote ``present'' today on this bill, not because I do not personally believe in the motto adopted by the State of Ohio, but because to do otherwise would be a disservice to my elected office, the judicial branch of our federal government, and the Constitution upon which our government is based. This body has no authority to act in an advisory capacity to the courts of this land. The separation of powers embodied in the Constitution establishes separate and co-equal branches of government each possessing a unique role in the governance of the nation. Congress is authorized to enact laws, and the courts--under Article III as administered by the Supreme Court--are authorized to determine the constitutionality of those laws. Congress should not purport to advise the courts regarding the constitutionality of a ruling of a particular court involving a particular matter. Such action is well beyond the scope of our constitutional role. The bill brought today is a knee-jerk reaction to a court decision that many Members disagree with. While I respect their opinions and their right to express themselves, I cannot support their attempt to influence this nation's courts in this manner and by this process. I am disturbed that a bill that claims to express this body's well-reasoned and deliberative judgment over the constitutionality of a state motto was brought to the floor using the suspension of the rules process.”