Daniel Moynihan

Mr. MOYNIHAN

Mr. MOYNIHAN. May I just ask in terms of who appears and asks for recognition, the first three pending amendments are, in fact, stacked?

Mr. MOYNIHAN. The rest are just amendments that may be offered.

Mr. MOYNIHAN

Mr. MOYNIHAN. Mr. President, we must have order.

Mr. MOYNIHAN

Mr. MOYNIHAN. I move to reconsider the vote.

Mr. MOYNIHAN. Mr. President, this is one of the finest moments the 105th Congress will know. It could not have come about without the courage and the conviction of the Senator from Utah. I would like to affirm everything he has said about the support on both sides of the aisle. It would be nice to have a unanimous vote. Let us hope we do have that, or near thereto.

Mr. MOYNIHAN. I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. ROTH addressed the Chair.

Mr. MOYNIHAN. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. MOYNIHAN

Mr. MOYNIHAN. Madam President, it is characteristic of our beloved former President pro tempore to thank others for the efforts that have led to the Court's nondecision today. Might I take the opportunity to thank him. It is his magisterial understanding of the Constitution and his Olympian commitment to it that brought us together, and brought to us the finest legal minds of this time to prepare the briefs that first won hands down in the U.S. District Court for the District of Columbia, and now have been put aside by the Court, but only temporarily. I think it would be not inappropriate to note that one judge and one Justice have spoken to this subject, and in both cases they have spoken to the unconstitutional nature of the act. I ask the Senate if I might just indulge to read a paragraph from Justice Stevens' dissenting opinion this morning. He says: The Line Item Veto Act purports to establish a procedure for the creation of laws that are truncated versions of bills that have been passed by the Congress and presented to the President for signature. If the procedure were valid, it would deny every Senator and every Representative any opportunity to vote for or against the truncated measure that survives the exercise of the President's cancellation authority. Because the opportunity to cast such votes is a right guaranteed by the text of the Constitution, I think it is clear that the persons who are deprived of that right by the Act have standing to challenge its constitutionality. Moreover, because the impairment of that constitutional right has an immediate impact on their official powers, in my judgment they need not wait until after cancellation authority to bring suit. Finally, the same reason that the respondents have standing provides a sufficient basis for concluding that the statute is unconstitutional. Madam President, I thank you for your indulgence. I think we may have overrun by a moment or two. I most appreciate that. Again, our appreciation to Senator Byrd. I yield the floor.

Mr. MOYNIHAN

Mr. MOYNIHAN. Could we have 10 minutes for morning business, that we might discuss a momentous decision or nondecision by the Supreme Court this morning?

Mr. MOYNIHAN

Mr. MOYNIHAN. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 518

Mr. MOYNIHAN. Mr. President, might the Senator from Illinois have 1 minute to comment at this point?

Mr. MOYNIHAN. I wonder if my friend from Texas would wish to modify the term ``rotten.''

Mr. MOYNIHAN. Surely the Senator does not mean it as rotten.

Mr. MOYNIHAN. I know they will be kind and thoughtful and even benevolent remarks.

Mr. MOYNIHAN. Mr. President, I yield to the Senator from Louisiana such time as he may require.

Mr. MOYNIHAN. Would the Senator from Massachusetts, who has been Job- like--he has been No. 2 since 9:30--would he allow 3 minutes to the Senator from Louisiana and 3 minutes to the Senator from Nebraska to respond, and the remainder of the time is his?

Mr. MOYNIHAN. You have been very patient. We thank you, sir.

Mr. MOYNIHAN. I ask unanimous consent that that may occur.

Mr. MOYNIHAN. I endorse wholeheartedly the position that the Senators from Louisiana and Nebraska have stated on behalf of the committee bill. I thank them. I yield the balance of our time to the distinguished Senator from Massachusetts.

Mr. MOYNIHAN

Mr. MOYNIHAN. Parliamentary inquiry, Mr. President.

Mr. MOYNIHAN. Is it the case that we have agreed to 20 minutes equally divided so that the time is automatically provided Senator Dorgan?

Mr. MOYNIHAN. I thank the Chair.

Mr. MOYNIHAN. I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. MOYNIHAN addressed the Chair.

Mr. MOYNIHAN

Mr. MOYNIHAN. The Chair is always correct. I yield 5 minutes to the Senator from North Dakota.

Mr. MOYNIHAN. Mr. President, I move to reconsider the vote by which the motion was rejected.