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Cornyn Reintroduces Constitutional Amendment To Provide For Continuity Of Congress
WASHINGTON – U.S. Sen. John Cornyn, a member of the Senate Judiciary Committee’s subcommittee on the Constitution, introduced a constitutional amendment Thursday (S.J. Res. 6) to provide for the continuity of Congress. Cornyn introduced the amendment in the 108th Congress as well. The amendment passed the subcommittee on a voice vote last year, and the amendment introduced Thursday reflects a bipartisan modification offered by Sen. Russ Feingold (D-Wisc.) at that time. Sen. Saxby Chambliss (R-Ga.) is the amendment’s original co-sponsor.Though the Constitution specifically authorizes Congress in Article II to provide for the continuity of the Presidency, it lacks such a provision for Congress. As currently drafted, the Constitution and U.S. Code are inadequate, antiquated and do not reflect today’s realities. Following the attacks of 9/11, the threat is no longer abstract, Cornyn said. Rather, "it is among the most pressing issues before the Congress.""Nobody relishes the idea of planning for their own demise, but it will be far too late to establish a protocol for continuity after a catastrophe strikes the Capitol building," Cornyn said. "The time to correct these potentially devastating flaws is now—not the day after an attack."Although Congress is not in session year-round, the ability to convene immediately in a time of crisis cannot be understated. Two days after 9/11, Congress passed legislation expediting benefits for public safety officers killed or injured in the line of duty. Three days after 9/11, Congress appropriated $40 billion in emergency funds and approved legislation supporting the use of military force. And a week later, Congress enacted further legislation to stabilize and secure the economy and airports, and to compensate the victims of the 9/11 attacks. In subsequent weeks, Congress approved several other bills and appropriations to bolster national security and upgrade our ability to combat terrorism. Yet had events unfolded differently, Cornyn said, "it’s possible that none of this legislation would have been enacted in a timely fashion, leaving our national and homeland security in limbo.""Some disagreement remains on what form the solution should take. Some members of Congress desire emergency interim appointments, while other members believe that expedited special elections are sufficient," Cornyn said. "My proposal specifically refrains from choosing sides in this debate. The constitutional amendment simply defers the question to Congress."As chairman of the Judiciary Committee’s subcommittee on the Constitution in the 108th Congress, Cornyn chaired two hearings of the full committee on continuity of Congress, and a subcommittee markup on the amendment. He also co-chaired a joint hearing with the chairman of the Rules Committee, Sen. Trent Lott (R-Miss.), on long-needed reforms to the presidential succession statute."This legislation is absolutely necessary," Cornyn said. "It’s time to update the Constitution and address this critical need."Sen. Cornyn serves on the subcommittee on the Constitution, Civil Rights and Property Rights, where the constitutional amendment will be referred. He is the only former judge on the Judiciary Committee and served previously as Texas Attorney General, Texas Supreme Court Justice, and Bexar County District Judge.