Rick Santorum

Mr. SANTORUM

Mr. SANTORUM. I am not too sure--if the Senator is asking for an answer, I am not too sure I understand what the question is. Is he suggesting that the second year would be treated differently than the first year of the conflict?

Mr. SANTORUM. I do not know the answer.

Mr. SANTORUM. I yield to the Senator from West Virginia.

Mr. SANTORUM. As long as a declaration is in effect, however long that may be, that Congress can, under this provision, waive this amendment.

Mr. SANTORUM. I just responded.

Mr. SANTORUM. I ask the Senator, since I was not around the last time we declared war, I assume it would be some act of Congress to end the declaration.

Mr. SANTORUM. A signing of a treaty to end the war.

Mr. SANTORUM. The declaration of war at some point ends.

Mr. SANTORUM. Obviously, in one case we have declaration of war. That is, a declaration of war has a certain time limit, then the declaration of war ceases. In this case----

Mr. SANTORUM. As long as the declaration of war is continuing, I assume that is what the Congress can do.

Mr. SANTORUM. It says we may waive for any fiscal year. It does not say we have to waive for this fiscal year. We could pass--it says ``any fiscal year.'' It could be for next fiscal year, the one afterward, as long as the declaration of war is in effect, we can raise for any fiscal year.

Mr. SANTORUM. Or next fiscal year.

Mr. SANTORUM. It says, ``The Congress may waive in any year.''

Mr. SANTORUM. We would be required then to pass a separate waiver of this amendment.

Mr. SANTORUM. If the Senator will yield, I think the Senator from West Virginia, in fact, helped me answer this question when, if you look at, again, what the committee report says, ``The whole number of each House is intended to be consistent with the phrase `the whole number of Senators * * *''' The Vice President is not a Senator. I quote the Senator from West Virginia, just a few minutes ago. So it would be obvious to any reader that a whole number of Senators must be 51, assuming there are 100 Senators.

Mr. SANTORUM. Page 15, about three-quarters of the way down, ``the whole number of each House.''

Mr. SANTORUM. It is apparent from the committee report that refers to, as I did, the 12th amendment and refers to that being similar to what the 12th amendment would be. That would be my answer.

Mr. SANTORUM. I do not know what the need would be for a retroactive tax but if that is what would be required, I would certainly consider it, if our country was at war. Certainly.

Mr. SANTORUM. We continually change how to.

Mr. SANTORUM. If the Senator will yield, again, I am a little bit perplexed. I look at, for example, section 8 powers under article I that are given to the Congress to borrow money, to regulate commerce. Does it say how we regulate commerce or do we leave that to implementing legislation? And if we do change that, does that mean we somehow violate the Constitution, or is that somehow dangerous upon our society? The Constitution, as the Senator will tell you, is a contract of principles, not as to how to.

Mr. SANTORUM. Obviously not, but they certainly can clarify points of a constitutional amendment. Obviously, constitutional amendments, particularly of this nature, are not meant to stand on their own. There has to be some legislation that is going to allow this to be complied with.

Mr. SANTORUM. I guess I would defer to answer on that. I do not know whether the implementing legislation would do that or not, to be honest. I think that would be a matter of interpretation.

Mr. SANTORUM. I am stupefied that the plain reading of this language is not apparent to the Senator from Maryland. I think it is very serious.

Mr. SANTORUM. I do.

Mr. SANTORUM. Correct.