Discussion · House of Representatives

Jamie Raskin Democrat

“We do not need a constitutional amendment to keep nine Supreme Court justices. The Constitution already gives Congress the power to set that number, just like we have done throughout history. Congress has already given away too much of its power to the president over war, spending, and trade. We should not give away another power that the Founders gave to us.”
Official Congressional Record

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, finally, a serious argument. I thank the distinguished gentleman, the former attorney general of Kansas, for responding. First of all, he describes this as the Keep Nine Amendment. If you want to keep at nine, you don’t need a constitutional amendment. You just make that argument in Congress, just like people argued in prior centuries to keep it at ten or keep it at six or let’s move to seven, so we don’t need to freeze it into the Constitution. Secondly, he says that this should be a bipartisan issue. It should not be partisan. Agreed. We should have a bipartisan commitment to the handiwork of the Framers. It is in the Constitution that it is up to Congress. Yet, the gentleman leaves us by saying: Well, we are actually going to turn it over to the people to decide whether to revoke this power that the Framers invested in Congress. Of course, that is what it would mean to amend the Constitution. Why would we want to do that? We have dealt with this in a responsible way throughout American history. We are suspicious that our colleagues first gave away the war power to the President. Then they give away the spending power by letting him just abolish entire agencies and entities, like the Consumer Financial Protection Bureau, USAID, and the Department of Education. Then they give the President the power over tariffs, which we have because we have the power to regulate commerce domestically and internationally, and he imposed the largest tax in American history unilaterally. That is what a tariff is. It is not a tax on China or any other country. It is a tax on our businesses and our people. Now we are in a trade war with Canada. If you travel to the north of Michigan in the Upper Peninsula, you go to the Boundary Waters of Minnesota, you go to the Adirondacks in New York, the small businesses are crying out for help because Canadians are boycotting us because of the whimsical, irrational, and deranged trade policies of this administration. We have real problems to deal with. We don’t really need to be giving away the powers of Congress and upsetting the proper balance of powers that was set by the Framers originally. Mr. Speaker, I reserve the balance of my time.

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