Rick Santorum

Mr. SANTORUM

Mr. SANTORUM. I think that is what it says.

Mr. SANTORUM. Mr. President, section 5 reads: ``The Congress may waive the provisions of this article for any fiscal year in which a declaration of war is in effect.'' So it would seem very obvious to me the Congress has the availability to raise it for the fiscal year or any subsequent fiscal year in which the war is in effect. That is pretty much what it says.

Mr. SANTORUM. If the Senator will yield, I think it makes that very point. Obviously, the Vice President is not considered part of it because there is no Vice President. So the whole number must mean that it is the Members of the Senate, absent the Vice President. Otherwise, this would make no sense. I mean, I think that is the reason I used it, because it is apparent.

Mr. SANTORUM. Does that not make it obvious.

Mr. SANTORUM. Right.

Mr. SANTORUM. I thank the Senator and I thank the Chair. I was going to refer you to the 12th amendment that uses the same language that is used in section 5 and section 2, which refers to the whole number of the Senate. In one case, it says the whole number or two-thirds of the whole number of the Senators, the same language that we use here only we say in each House. If you have questions about the ability of the Vice President to cast votes with respect to this, then I suspect you have questions as to whether the Vice President can cast votes under the 12th amendment, because it is word for word what is put in this document.

Mr. SANTORUM. In a time of war, Senator, I would be willing to do things that otherwise I would not be willing to do at other times.

Mr. SANTORUM. Would I in fact vote for a retroactive tax? If we needed to tax in order to meet the needs of war, I think we would have broad bipartisan support, as we would--as we do now, with appropriations bills.

Mr. SANTORUM. That was our argument against the retroactive tax in 1993.

Mr. SANTORUM. My opinion on that is that the--according to the plain reading of the constitutional amendment--Congress would have to, each year, go through the process of exempting itself from this provision because of that conflict.

Mr. SANTORUM. I will do my best.

Mr. SANTORUM. I think it would be apparent that at some point the Congress would rescind the declaration of war and then this article would no longer be operative.

Mr. SANTORUM. I would not recommend that option.

Mr. SANTORUM. There is nothing here in this constitutional amendment that requires us to pay back deficits that have been incurred since the enactment of this constitutional amendment, that have occurred as a result of a waiver of this amendment. So there is no requirement in the constitutional amendment to require the payment of existing debt.

Mr. SANTORUM. Which would be slightly higher, possibly slightly higher burden in the House, and potentially higher, depending on interpretation, vote here in the Senate. But certainly consistent with the passage of the appropriations bill.

Mr. SANTORUM. A majority of the whole number of each House.

Mr. SANTORUM. How I would feel about it is, as you know, every year we have to appropriate money for the Defense Department. Particularly in time of war we would have to appropriate money through an appropriation process; we would have to go through both sides, it would have to be passed by a majority vote. In addition, we have put an additional hurdle--yes, of this section--which requires a simple majority, not a three-fifths or constitutional majority, but a majority of the whole number of each House----

Mr. SANTORUM. Except----

Mr. SANTORUM. As we do with appropriations----

Mr. SANTORUM. Same vote----

Mr. SANTORUM. Is what the Senator is suggesting that this body or the other body would pass appropriations bills to fund the conflict, our participation in the conflict, and then not come back and waive the requirement for a balanced budget to allow us to do that? Is that what the Senator is suggesting?

Mr. SANTORUM. Senator, what you are suggesting----

Mr. SANTORUM. In other words, section 1 binds us with the exception of, as outlined in section 5, when we have a declaration of war or----

Mr. SANTORUM. And section 5 provides an exception to section 1.

Mr. SANTORUM. According to the committee report, a joint resolution of Congress would be required in order to have this provision be eligible to be waived, this amendment to be waived.