Disapproval of the Administration's Failure to Notify Congress Before Releasing Individuals from Guantanamo Bay

Floor Speech

BREAK IN TRANSCRIPT

Mr. Speaker, I thank the chairman for yielding.

Article I, section 1 of the United States Constitution says: ``The Congress shall have the power''--I want to repeat--``the Congress shall have the power to make rules concerning the capture on land and water.''

December 26, 2013, the President of the United States signed into law the Congress' action on article I, section 8, regarding making rules.

The President had options on December 26, 2013. He could have signed it, as he did, accepted language that was in there, knowing it was in there--I am assuming someone over there read it. So he had an option to sign it. He had an option to send it back, and at that point the Congress could have done whatever they wanted to do. They could override it, they could rewrite it, they could revote on it and send it back again.

What the President didn't have the right to do was to change it. And, in fact, I have heard a couple of times today quoting of article II of the Constitution. I have read it probably a dozen times just sitting here today. It is relatively short. I am having a hard time finding the authority here, but I did find some interesting thing. Article II: ``Before he enter on the execution of his office, he shall take the following oath or affirmation, `I do solemnly swear or affirm that I will faithfully execute the office of the President of the United States and will to the best of my ability preserve, protect, and defend the Constitution of the United States.' ''

Later it says that the President, he shall take care that the laws be faithfully--faithfully--executed.

The idea that the President can take the very law that he signed into existence by putting his name on it--the very law--as a suggestion--whether or not any President before him did it--is tantamount to someone being pulled over for speeding and saying, I can speed because the guy in front of me did it.

Then there is no law at all. The laws that this Congress sends over there and the President signs are not recommendations. They are not suggestions.

Mr. Speaker, the President of the United States broke the law. No matter what another Congress does, or another Congress did, or what another President ever did is irrelevant to this today.

BREAK IN TRANSCRIPT

Source