
July 13, 1998
Vote Expected for Property Rights Bill
Senator Orin Hatch (R-UT) is pushing H.R. 1534, the Property Owners Access to Justice Act of 1997 for a cloture vote sometime this week. The bill would allow landowners to take their property right’s takings cases directly to federal courts circumventing the more lengthy and sometimes disadvantageous state courts or local resolution administrative processes. Opposition to this bill includes some Republicans, and there is a threat of a filibuster from Judiciary Committee ranking Democrat Patrick Leahy (VT). A cloture vote is expected that would limit debate on the bill and force a vote, but that takes 60 votes to approve. If unable to obtain cloture, the bill will effectively die. This is a very important roll call vote and all property rights advocates need to call their Senators. Faxback Doc. 317
River Nominations Sent to President
The American Heritage Rivers Initiative Advisory Committee nominated 10 rivers at their second meeting held June 16, in St. Louis, Missouri. According to the committee’s press release, the ten nominated rivers are: the Connecticut River (CT, VT, NH, MA), Detroit River (MI); Hanalei River (HI); Hudson River (NY); New River (NC, VA, WV); Rio Grande River (TX); Potomac River (DC, MD, PA, VA, WV); St. Johns River (FL); Upper Mississippi River (IA, IL, MN, WI, MO); and, the Willamette River (OR). Committee Chairman Dayton Duncan stated "The final decision, of course, rests with the President. And should he choose to designate more than ten rivers, we would enthusiastically support that decision." President Clinton was expected to designate the rivers by the end of June, but no action as yet has been taken. It is never too late to weigh in your opposition to your Congressman, Senators and the President himself. If the President designates these rivers he will do so knowing he is defying the will of Congress and the people. Faxback Doc. 318
Supreme Court Strikes Down Line Item Veto
The Federal law in which Congress gave the president the power to cancel specific items in tax and spending bills was struck down by the Supreme Court June 25th in the case Clinton v. City of New York. The court, by a 6-3 vote, said the Line Item Veto Act that took effect in 1997 featured cancellation provisions that violate Art. I, Sec. 7, Clause 2 of the Constitution. "The act gives the president unilateral power to change the text of duly enacted statutes," Justice John Paul Stevens wrote for the court. In a concurring opinion, Justice Anthony M. Kennedy said, "Failure of political will does not justify unconstitutional remedies … The Constitution’s structure requires a stability which transcends the convenience of the moment." (National Law Journal) The Line Item Veto bill was a part of the Republican’s "Contract With America." Congressman Helen Chenoweth, one of the few Republicans who voted against the bill, argued that the bill would shift the power to write laws from the Congress to the President. "We must find aggressive ways to cut the pork," commented Chenoweth, "but we should not abandon the Constitution in the process." See our website for a copy of the decision, or call for a copy.
Feds Propose National ID Cards
The U.S. Department of Transportation is proposing regulations that would require each state to electronically imprint all drivers licenses with Biometric identification such as fingerprinting. The proposed rule 656(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Docket # NHTSA-98-3945) is being opposed by Rep Bob Barr and Rep. Ron Paul. They have written a letter to Secretary of the Department of Transportation, Rodney E. Slater, demanding the proposed rule be scrapped immediately. In their letter the Congressmen have noted, "… this proposed rule goes far beyond congressional intent, raising serious privacy and civil liberties concerns. It was never the intent of Congress to mandate a nationally-standardized identification card. In fact the law in question explicitly provides that it does not authorize the establishment of such a card." Faxback Doc. 319