Arlen Specter

Mr. SPECTER

Mr. SPECTER. I reserve the remainder of my time.

Mr. SPECTER. That is agreeable. We will take up the Gramm amendment now and then come back with the time I have reserved at that time.

Mr. SPECTER. May the Record show I have made a request for a modification of the amendment and I will send a copy of the requested modification to the desk. I have already provided it to the Senator from Virginia and the Senator from Michigan.

Mr. SPECTER. That would be correct. That is exactly what he ought to do. Before we involve ground troops, the Congress of the United States could interrupt the recess and come back and decide this important issue.

Mr. SPECTER. As I said during the course of my presentation, Mr. President, I think the Commander in Chief does have authority to act in an emergency. I made a clear-cut delineation as I presented the argument that when there is time for deliberation, as, for example, on the missile strikes in Iraq, or as, for example, on the gulf war resolution, it ought to be considered, debated and decided by the Congress.

Mr. SPECTER. I think that our English language is capable of structuring a definition of what constitutes an emergency.

Mr. SPECTER. I think the President has the authority to act as Commander in Chief without that kind of specification, and it is not now on the face of this amendment. However, it may be advisable to take the extra precaution, with modification offered and agreed to by unanimous consent in the presence of the Senator from Virginia, to spell that out as well, although I think unnecessarily so.

Mr. SPECTER. I thank the Senator from Virginia.

Mr. SPECTER. Mr. President, if I may, I understand that the Senator from Virginia has articulated his views about a unanimous consent, and that is fine. Those are his rights. But it may be that there will be an additional amendment which I will file taking into account any modifications which I might want to make which might be objected to. So we can work it out in due course. Parliamentary inquiry: Does the Senator from Colorado have the floor?

Mr. SPECTER. Mr. President, I do not understand that. If you are asking me to give time----

Mr. SPECTER. I would be delighted to accommodate the Senator from Colorado one way or the other. He can speak now and then we can go back to our time agreement on the pending amendment.

Mr. SPECTER. Mr. President, if I may respond, I am delighted to have the Senator from Colorado use his 20 minutes, which is ordered at this time.

Mr. SPECTER. That is the understanding the Senator had spoken to earlier.

Mr. SPECTER. Mr. President, I thank the Senator from Delaware for those comments. I think it all boils down to whether the President would feel compelled by a political situation, a statement by Congress, to not send in ground troops. I acknowledged in my opening comments that he had made that commitment, which I heard and spoke about, on April 28. But I believe we ought to be bound by the rule of law, not be dependent upon a change of mind by the President, and memorialize it in this statute. Congress ought to assert its authority to declare war and have the United States engaged in war and to do it with the force of law with this kind of an amendment, perhaps somewhat modified. I yield the floor.

Mr. SPECTER. If I may respond to the Senator, I would be glad to respond to the questions. I thank him for his leadership in offering a similar amendment in the past. When I undertook to send this amendment to the desk, I had called the Senator from Illinois and talked to him this morning and will consider this a joint venture if he is prepared to accept that characterization.

Mr. SPECTER. Responding directly to the question, I think there would be no difference. But I am not sure the Senator from Illinois has the precise amendment I have introduced, which has only one paragraph. I can read it quickly: None of the funds authorized or otherwise available to the Department of Defense may be obligated or expended for deployment of ground troops from the United States Armed Forces in Kosovo, except for peacekeeping personnel, unless authorized by a declaration of war or a joint resolution authorizing the use of military force.

Mr. SPECTER. The amendment was drafted in its narrowest form. Perhaps it would be appropriate to modify the amendment.

Mr. SPECTER. I would be prepared to accept that exception.

Mr. SPECTER. I thank the Senator.

Mr. SPECTER. I respond to my colleague from Illinois by saying that with a declaration of war where the Senate has to join under the Constitution and there could be a filibuster requiring 60 votes, the same rule applies. To get that authorization, either by declaration of war or resolution for the use of force, we have to comply with the rules to get an affirmative vote out of the Senate. Under those rules, if somebody filibusters, it requires 60 votes. So be it. That is the rule of the Senate and that is the way you have to proceed to get the authorization from the Senate.

Mr. SPECTER. It would suit me to have the questions right now.

Mr. SPECTER. To modify the amendment?

Mr. SPECTER. The yeas and nays have not been ordered.

Mr. SPECTER. The Senator may be assured there will be no unanimous consent requests for any effort to do anything but to play by the Marquis of Queensberry rules.

Mr. SPECTER. Before the distinguished Senator from Delaware leaves the floor, if I may have his attention. I say to Senator Biden, may I have your attention?