At Tuesday's House Homeland Security Committee hearing, Rep. Shri Thanedar (D-MI) promoted an amendment to
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00:00distributed, but so this is the amendment we're on. Okay. All right. We're on this
00:07amendment that just got passed out, so there's no reason to withdraw. Right. Yeah. Okay. All right.
00:13Clerk will report the amendment. An amendment to the amendment,
00:17the nature of a substitute to the committee print by the Committee on Homeland Security
00:21offered by Mr. Kanadar, number 031. Mr. Chairman, I ask unanimous consent that
00:28the amendment be considered as red. Without objection, the reading is dispensed with.
00:33The gentleman is recognized for five minutes on his amendment.
00:38Thank you, Mr. Chair. Since the very first day of American experiment with democracy,
00:44this nation has functioned under a system of checks and balances that protect the Constitution
00:53and the rights of all people within our borders. Within that system, which has kept the people
01:03of this nation free for more than 200 years, it is emphatically the province and duty of judicial
01:15departments to say what the law is, as Chief Justice John Marshall put it in Marbury versus Madison.
01:25Put simply, the Constitution makes the Supreme Court the final word on the constitutional limits of
01:32government power, not the president. Nevertheless, the Trump administration has repeatedly engaged in
01:40activities that conflict with decisions and orders of the Supreme Court of the United States. For example,
01:48the Trump administration wrongfully deported a Maryland man despite an immigration judge having granted him
01:57withholding of removal. Trump's own lawyers said that the deportation was an accident and the Supreme Court
02:07ordered that the Trump administration facilitates the man's release from the custody in El Salvador
02:15and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.
02:26Nevertheless, the Trump administration has ignored the Supreme Court and done nothing. That poor man is still
02:33rotting in a jail in El Salvador and his family suffering having lost a husband, father and provider.
02:42Congress must not enable such lawlessness and fascist fanatism. If we do not stop it now,
02:50there will be no democratically elected Congress to stop it later.
02:54Congress must not enable such lawlessness. My amendment would prohibit any of the DHS funds under this
03:01reconciliation from being used by the Trump administration to engage in activity that conflicts
03:08with the opinion or orders of the Supreme Court. If Congress cannot stand up for the Constitution and laws of
03:16the United States, then every person in this country is at risk of being Trump's next target.
03:22It is our duty to uphold the oath we took and stand against petty, wannabe fascists.
03:32The least we can do is stop funding unconstitutional activities that conflict with opinions and orders
03:40of the Supreme Court. I urge my colleagues to support this amendment and I yield back.
03:45Mr. Chairman, would anyone else wish to speak on the amendment?
03:51Mr. Chairman. Mr. Chairman, I would draw my point of order.
03:56The point of order is withdrawn and Mr. Ranking Member, you're recognized.
04:00Again, this is another common sense amendment to reaffirm that the United States of America is a nation of
04:09laws. Common sense, it says when the Supreme Court makes a ruling, that's it. Nobody can come in
04:18and change it just because they don't like it. A lot of us have been to court on cases. Some we won,
04:26some we lost. We didn't try to impeach the judge because we didn't like it, but clearly you can't
04:32ignore the edicts of the Supreme Court. So our plea as Democrats to the Republicans on the committee,
04:39follow what the Supreme Court says point blank. That's it. If you don't like it, you can't ignore
04:49it because it's still the law. And I compliment the gentleman from Michigan for offering it,
04:55but it's also unfortunate that we have to offer something that should be understood by every
05:03law-abiding citizen, but it's not. I yield back.
05:06Gentlemen, would anyone else wish to speak on the amendment? Hearing none.
05:13The question now occurs on the amendment offered by Mr. Thanedar. All those in favor say aye.
05:18Aye. All those opposed say no. No. In the opinion of the chair, the no's have it. And the amendment to the
05:23amendment in the nature of a substitute is not adopted.
05:29Mr. Chair. You're recognized. On that, I ask for a recorded vote.
05:33Recorded vote is requested pursuant to the committee rule. Further proceedings on this question are
05:39postponed. Are there any amendments to the amendment in the nature of the substitute?
05:42Mr. Chairman, I have an amendment at the desk. The ranking member has an amendment at the desk.
05:48Mr. Chairman, I seek to be recognized. You're recognized.
05:51I would like to reserve a point of order.
05:53Mr. Chairman, the point of order is reserved. The clerk will distribute the amendment.