The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“STRIKER REPLACEMENT” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S5287-S5288 on April 6, 1995.
The publication is reproduced in full below:
STRIKER REPLACEMENT
Mr. FAIRCLOTH. Mr. President, on March 23, I introduced S. 603--a bill to nullify Executive Order 12954 which prohibits Federal contracts with any company that hires permanent replacements for striking workers. This is the companion bill to H.R. 1176 introduced by Chairman Goodling of the Committee on Economic and Educational Opportunities. Yesterday, Mr. Goodling's committee held a hearing on H.R. 1176, at which testimony was given concerning the fundamental flaws of this Executive order. Many of the same issues were addressed in this Chamber when the distinguished Senator from Kansas, Chairman Kassebaum, ably led an effort to limit funding for the implementation of the Executive order.
We lost that fight, but the opponents of this Presidential power grab will not rest until the Executive order is overturned and balance is restored to this Nation's labor policies.
Today, I would like to speak briefly about just a few of the more recent and compelling criticisms of the Executive order.
I share the opinion of those who conclude that the order is invalid because it exceeds the President's constitutional and statutory authority. The Justice Department's legal memorandum in justification of the order cites a statute which was enacted in 1949 to implement the recommendations of the Hoover Commission.
The Justice Department takes the position that this statute authorizes the President to adopt any regulation which promotes economy and efficiency in Government procurement. However, there is no Supreme Court decision that supports the Justice Department's interpretation of this statute as conferring such sweeping Presidential authority.
Moreover, the Congressional Research Service recently concluded that Executive Order 12954 ``may not survive even the most restrained judicial scrutiny.''
We must be clear about the legal foundation which restricts the President's authority to issue an Executive order regarding a central tenet of national labor policy.
The National Labor Relations Act itself authorizes the hiring of replacement workers--and by so doing, limits Presidential authority to regulate the relationship between management and striking employees. The President has
[[Page S5288]] not been granted authority under any statute to alter this carefully balanced congressional design.
If this order is not overturned, just imagine the possible consequences of allowing the President to bypass Congress and issue directives on any and all matters relating to Federal contractors.
For example, President Clinton would be permitted to unilaterally impose on Federal contractors a mandate to implement the type of health care plan which he advocated last year and which was so thoroughly and soundly rejected by Congress and the American people.
In issuing Executive Order 12954, President Clinton has made a sweeping assertion of Presidential power which is completely at odds with our constitutional system of separated and enumerated powers. It should not be allowed to stand, and during the 104th Congress we should commit ourselves to reversing this ill-conceived precedent.
Mr. President, I yield the floor and suggest the absence of a quorum.
Ms. MOSELEY-BRAUN addressed the Chair.
The PRESIDING OFFICER. Will the Senator from North Carolina withhold his request? The Senator from Illinois is seeking the floor.
Mr. FAIRCLOTH. Mr. President, I am sorry. I did not see the Senator from Illinois.
I withdraw the request for a quorum call.
Ms. MOSELEY-BRAUN. I thank the Senator from North Carolina.
The PRESIDING OFFICER. The Senator from Illinois is recognized. The Chair apologizes. I was raptured by the Senator from North Carolina, and my head was turned the wrong way. I wish her a good day.
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