Robert Byrd

Mr. BYRD

Mr. BYRD. Mr. President, the clerk has not finished the reading of the amendment and there has been no unanimous consent request to ask that the reading of the amendment be waived.

Mr. BYRD. Mr. President, will the distinguished Senator yield just briefly?

Mr. BYRD. This Senator cannot teach the Senator from Indiana how to understand the Constitution. I can only read the Constitution. And it is pretty clear.

Mr. BYRD. I see. The Senator wants to play games.

Mr. BYRD. If Congress declares war.

Mr. BYRD. They saw the benefit in having one individual lead the military forces of this country.

Mr. BYRD. Let me read it. The Congress shall have Powers . . . To make Rules for the Government and regulation of the land and naval Forces. And: The Congress shall have . . . Power to provide for calling forth the Militia . . .. It doesn't say the President has the power to call forth the militia. It doesn't say the President has the power to make rules for government and regulation of land and naval forces. I am reading the Constitution, Senator. I am not interpreting it. I am reading it word for word.

Mr. BYRD. I am reading the Constitution.

Mr. BYRD. This doesn't say that. This Constitution doesn't say that.

Mr. BYRD. And that is all. Just that he is Commander in Chief.

Mr. BYRD. He is Commander in Chief. But he has no Navy, and he has no Army to command.

Mr. BYRD. The Senator interprets that. Suppose Congress doesn't raise and support any Army. Suppose Congress does not provide and maintain a Navy. Then what does the Commander in Chief command?

Mr. BYRD. Where in the Constitution does it say that the Commander in Chief can do that? Where in the Constitution can the Senator point to me that the Constitution says the Commander in Chief can do that?

Mr. BYRD. What is the Senator's question? Is he saying that, under the Constitution, Congress cannot ask the President to do this?

Mr. BYRD. Then I will go back to my first answer.

Mr. BYRD. In the first place, the courts might do the interpreting at some point. Second place: Read the Constitution. Congress has power over the purse strings. I hope the Court will decide that the Line Item Veto Act is unconstitutional. I hope it will do that before it goes out for its recess. Congress having the power over the purse, Congress having the power to declare war, Congress having the power to raise and support armies, having the power to provide and maintain a navy, having the power to make rules for the Government and regulation of the land and naval forces, having the power to provide for calling forth the militia. It would seem to me that a reading of the Constitution would indicate that the basic power, the power of the purse, is the basic, fundamental, rock bottom power in this Government. There is no greater power. There is no power as great as the power of the purse. That is vested here. It would seem to me that a reading of this Constitution would indicate that Congress has more power and authority under the Constitution than many Senators are willing to admit.

Mr. BYRD. All too many Senators appear to be thinking that the Commander in Chief can do this, the Commander in Chief can do that, and that we ought to follow along like the tail on a kite and do whatever the Commander in Chief decides should be done. I am just saying that Congress has these powers in this Constitution and Congress should raise some questions. And Congress certainly has the authority to rein in the Commander in Chief if it sees fit.

Mr. BYRD. I thank the Senator.

Mr. BYRD. The distinguished Senator appears bent upon splitting hairs.

Mr. BYRD. I am not interested in splitting hairs.

Mr. BYRD. The Constitution doesn't say anything about how the Senator would operate his office.

Mr. BYRD. Yes.

Mr. BYRD. What does that mean? What does that mean, ``democratic standards''?

Mr. BYRD. Mr. President, will the distinguished Senator from Michigan yield on that point? Did not the President in his explanation for keeping our troops in Bosnia beyond December list these benchmarks in a report to the Congress? Did he not--I don't have them before me now, but it seems to me that I recall he sent a report to Congress.

Mr. BYRD. Wasn't the President saying, in essence, that our troops should stay there until these benchmarks have been achieved? In essence, wasn't he saying that?