Providing for Consideration of the Senate Amendment to H.R. 3979, Protecting Volunteer Firefighters and Emergency Responders Act of 2014; Providing for Consideration of H.R. 5759, Preventing Executive Overreach on Immigration Act of 2014; and Providing for Consideration of H.R. 5781, California Emergency Drought Relief Act of 2014

Floor Speech

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Mr. KING of Iowa. I thank the gentleman for yielding and the
privilege to address you, Mr. Speaker.

Mr. Speaker, I rise to address the underlying bill that we refer to
around this Hill now as the Yoho bill, H.R. 5759. I appreciate the
gentleman from Florida for drafting this bill. He and I are consistent
in our philosophy, our constitutional understanding, and our approach.

I would say, though, that the bill moved a little bit from the time
that it was first presented. It had the word ``amnesty'' in the title.
It said, ``Preventing Executive Amnesty on Immigration Act.'' Now it
says, ``Preventing Executive Overreach.'' This tones it down a little
for me.

It also addresses the subject called prosecutorial discretion. And it
says in the bill it ``ought to be applied on a case-by-case basis and
not to whole categories of persons.'' Mr. Speaker, prosecutorial
discretion can only be applied on a case-by-case basis. It cannot
create whole classes or categories of persons and exempt them from the
application of the law.

So I want to make sure this Congressional Record is clear that this
bill doesn't endorse the idea that we are suggesting prosecutorial
discretion is anything other than what it actually is, and that is on a
case-by-case basis.
It says also:

No provision shall be interpreted or applied to authorize
the executive branch to exempt categories of persons
unlawfully present.

I agree with that. But:

Any action by the executive branch with the purpose of
circumventing the objectives of the preceding sentence shall
be null and void and without legal effect.

That is nice. This bill amounts to a resolution, a resolution of
disagreement with the President. I don't think it makes it clear enough
that the President has clearly violated the Constitution of the United
States. I don't want this to be in the Record as something that is
ambiguous.

I would also point out, Mr. Speaker, the President knows the law. He
taught the Constitution for 10 years. For 22 times he said--at least
that we know of--into the public record, into the videotape, that he
didn't have the authority to do what he did. And so if the President
has so little respect for his own opinions, my point would be, how
would he have a lot of respect for this bill? And so I encourage the
gentleman. I thank him for offering it.

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