April 29th, 2003
<br />
American National Sovereignty vs. UN “International Law”- Time<br />
for Congress to Vote<br />
Mr. Speaker, I rise to urge the leadership of this body to bring a very important vote to the House floor. I recently reintroduced HR 1146, the American Sovereignty Restoration Act, which would end our participation in the United Nations. Millions of Americans have begun to question why we continue to spend $300 million each year funding and housing an organization that is actively hostile to American interests. Surely Congress, which routinely spends 15 minutes renaming post offices, can spare 15 minutes to vote on this fundamental issue of American sovereignty.
Obviously many Americans now want to get out of the UN because they resent its refusal to sanction our war in Iraq. The administration deserves some credit for ultimately upholding the principle that American national security is not a matter of international consensus, and that we don’t need UN authorization to act. But the administration sent mixed signals by doing everything possible to obtain such authorization, and by citing UN resolutions as justification for our actions. The message seems to be that the UN is credible when we control it and it does what we want, but lacks all credibility when it refuses to do our bidding.
Perhaps it’s time to stop trying to manipulate the UN, and start asserting our national sovereignty.
If we do not, rest assured that the UN will continue to interfere not only in our nation’s foreign policy matters, but in our domestic policies as well. UN globalists are not satisfied by meddling only in international disputes. They increasingly want to influence our domestic environmental, trade, labor, tax, and gun laws. UN global planners fully intend to expand the organization into a true world government, complete with taxes, courts, and possibly a standing army. This is not an alarmist statement; these goals are readily promoted on the UN’s own website. UN planners do not care about national sovereignty; in fact they are openly opposed to it. They correctly view it as an obstacle to their plans. They simply aren’t interested in our Constitution and republican form of government.
The choice is very clear: we either follow the Constitution or submit to UN global governance. American national sovereignty cannot survive if we allow our domestic laws to be crafted or even influenced by an international body. This needs to be stated publicly more often. If we continue down the UN path, America as we know it will cease to exist.
Noted constitutional scholar Herb Titus has thoroughly researched the United Nations and its purported “authority.” Titus explains that the UN Charter is not a treaty at all, but rather a blueprint for supranational government that directly violates the Constitution. As such, the Charter is neither politically nor legally binding upon the American people or government. The UN has no authority to make “laws” that bind American citizens, because it does not derive its powers from the consent of the American people. We need to stop speaking of UN resolutions and edicts as if they represented legitimate laws or treaties. They do not.
In conclusion, Mr. Speaker, I’m merely asking House leadership to schedule vote on HR 1146. Americans deserve to know how their representatives stand on the critical issue of American sovereignty.
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April 16th, 2003
<br />
Repeal the So-Called “Medical Privacy Rule”<br />
Mr. Speaker, I rise to introduce the Patient Privacy Act. This bill repeals the misnamed Medical Privacy regulation, which went into effect on April 14 and actually destroys individual medical privacy. The Patient Privacy Act also repeals those sections of the Health Insurance Portability and Accountability Act of 1996 authorizing the establishment of a “standard unique health care identifier” for all Americans, as well as prohibiting the use of federal funds to develop or implement a database containing personal health information. Both of these threats to medical freedom grew out of the Clinton-era craze to nationalize health care as much as politically possible.
Establishment of a uniform medical identifier would allow federal bureaucrats to track every citizen’s medical history from cradle to grave. Furthermore, as explained in more detail below, it is possible that every medical professional, hospital, and Health Maintenance Organization (HMO) in the country would be able to access an individual citizen’s records simply by entering an identifier into a health care database.
The dangers to liberty inherent in the “uniform health identifier” are magnified by the so-called “medical privacy” regulation. Many things in Washington are misnamed, however, this regulation may be the most blatant case of false advertising I have come across in all my years in Congress. Rather than protecting the individual’s right to medical privacy, these regulations empower government officials to determine how much medical privacy an individual “needs.” This one-size-fits-all approach ignores the fact that different people may prefer different levels of privacy. Some individuals may be willing to exchange a great deal of their personal medical information in order to obtain certain benefits, such as lower-priced care or having information targeted to their medical needs sent to them in a timely manner. Others may forgo those benefits in order to limit the number of people who have access to their medical history. Federal bureaucrats cannot possibly know, much less meet, the optimal level of privacy for each individual. In contrast, the free market allows individuals to obtain the level of privacy protection they desire.
The so-called medical privacy regulations and uniform health identifier scheme not only reduce an individual’s ability to determine who has access to his personal medical information, but actually threaten medical privacy and constitutionally-protected liberties. For example, these regulations allow law enforcement and other government officials access to a citizen’s private medical records without having to obtain a search warrant.
Allowing government officials to access a private person’s medical records without a warrant is a violation of the Fourth amendment to the United States Constitution, which protects American citizens from warrantless searches by government officials. The requirement that law enforcement officials obtain a warrant from a judge before searching private documents is one of the fundamental protections against abuse of the government’s power to seize an individual’s private documents. While the Fourth Amendment has been interpreted to allow warrantless searches in emergency situations, it is hard to conceive of a situation where law enforcement officials would be unable to obtain a warrant before electronic medical records would be destroyed.
Mr. Speaker, these regulations also require health care providers to give medical records to the federal government for inclusion in a federal health care data system. Such a system would contain all citizens’ personal health care information, accessible to anyone who knows the individual’s unique health identifier. History shows that when the government collects this type of personal information, the inevitable result is the abuse of citizens’ privacy and liberty by unscrupulous government officials. The only fail-safe privacy protection is for the government not to collect and store this type of personal information.
In addition to law enforcement, these so-called privacy protection regulations create a privileged class of people with a federally-guaranteed right to see an individual’s medical records without the individual’s consent. My medical office recently received a Model “Privacy Act Compliance” form. This three-page form lists over 20 situations where medical information may be disclosed without individual consent. Medical information may be disclosed to attorneys, business associates of the provider, and federal agencies conducting “health oversight activities.” Medical information may also be divulged without consent to insurance companies and medical researchers!
Medical researchers claim to be able to protect the autonomy of their unwilling subjects, but the fact is that allowing third parties to use medical records for research purposes increases the risk of inadvertent identification of personal medical information. I am aware of at least one incident where a man had his identity revealed when his medical records were used without his consent. As a result, many people in his community discovered details of his medical history that he wished to keep private!
Forcing individuals to divulge medical information without their consent also runs afoul of the Fifth amendment’s prohibition on taking private property for public use without just compensation. After all, people do have a legitimate property interest in their private information. Therefore, restrictions on an individual’s ability to control the dissemination of their private information represents a massive regulatory taking. The takings clause is designed to prevent this type of sacrifice of individual property rights for the “greater good.”
In a free society such as the one envisioned by those who drafted the Constitution, the federal government should never force a citizen to divulge personal information to advance “important social goals.” Rather, it should be up to individuals, not the government, to determine what social goals are important enough to warrant allowing others access to their personal property, including their personal information. To the extent these regulations sacrifice individual rights in the name of a bureaucratically determined common good, they are incompatible with a free society and a constitutional government.
As an OB-GYN with more than 30 years experience in private practice, I am very concerned by the threat to medical practice posed by these privacy regulations and the unique health identifier scheme. The confidential physician-patient relationship is the basis of good health care.
Oftentimes, effective treatment depends on the patient’s ability to place absolute trust in his doctor. The legal system has acknowledged the importance of maintaining physician-patient confidentiality by granting physicians a privilege not to divulge confidential patient information.
I ask my colleagues to consider how comfortable you would be confiding an embarrassing physical or emotional problem to your physicians if you knew that any and all information given your doctor may be placed in a government database or seen by medical researchers, handed over to government agents without so much as a simple warrant or accessed by anyone who happens to know your unique health identifier?
By now it should be clear to every member of Congress that the American people do not want their health information recorded on a database, and they do not wish to be assigned a unique health identifier. According to a survey by the respected Gallup Company, 91 percent of Americans oppose assigning Americans a unique health care identifier, while 92 percent of the people oppose allowing government agencies the unrestrained power to view private medical records and 88 percent of Americans oppose placing private health care information in a national database. Congress has acknowledge this public concern by including language forbidding the expenditure of funds to implement or develop a medical identifier in the federal budget for the past five fiscal years. Rather than continuing to extend the prohibition on funding for another year, Congress should finally obey the wishes of the American people by repealing the authorization of the individual medical ID this year as well as repealing these dangerous medical privacy rules.
Mr. Speaker, the misnamed medical privacy regulations and the scheme to assign all Americans a unique health care identifier violates the Fourth and Fifth amendments by allowing law enforcement officials and government favored special interests to seize medical records without an individual’s consent or a warrant. Federal supervision of who can access medical records, combined with a federally-assigned medical ID, facilitate the creation of a federal database containing the health care data of every American citizen. These developments could undermine the doctor-patient relationship and thus worsen the health care of millions of Americans. I, therefore, call on my colleagues to join me in repealing these threats to privacy and quality health care by cosponsoring the Patient Privacy Act.
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April 10th, 2003
Washington, DC: Congressman Ron Paul has been named the top friend of taxpayers in Congress for the fourth straight year. According to a widely-anticipated annual rating of Congress released yesterday, Paul voted to reduce the burden on federal taxpayers more than any other member of the House of Representatives. The rating, published by the National Taxpayers Union (NTU), ranks Paul first out of 435 members for his pro-taxpayer voting record.
“For the second year in a row, most Members of Congress turned even further away from fiscal policies that could help protect our economic and national security,” said NTU president John Berthoud. “If every Member of Congress had voted as responsibly as Representative Paul did in 2002, Americans could enjoy much lower taxes and less waste in government. Overburdened taxpayers in Texas and across the nation owe him a debt of gratitude for his hard work on their behalf. Dr. Paul’s pro-taxpayer score was the best in the entire House. By consistently voting to reduce federal spending, taxes, and debt, he truly has earned the title ‘Taxpayers’ Friend.’”
“While many Members of Congress talk about reducing the size of government, Representative Paul backed up those words with votes,” Berthoud continued. “This award proves that he is a consistent and effective ally in our battle to restore fiscal responsibility to Washington.”
NTU is a non-partisan citizen organization with more than 300,000 members. NTU works for lower taxes, less wasteful spending, and accountable government at all levels. Unlike many organizations that publish congressional ratings, NTU does not simply consider a few key votes. Instead, the rating system focuses on 139 votes affecting fiscal policy. The “Taxpayers’ Friend” award is given only to those members who demonstrate a commitment to reducing federal spending, taxes, debt, and regulation.
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April 2nd, 2003
<br />
No Federal Funding for Abortion!<br />
Mr. Speaker, I rise today to introduce three bills relating to abortion.
First, the Freedom of Conscience Act of 2003 prohibits any federal official from expending any federal funds for any population control or population planning program or any family planning activity. It is immoral to force the American taxpayers to subsidize programs and practices they find morally abhorrent.
Second, I rise to introduce the Partial-birth Abortion Funding Ban Act of 2003. This bill prohibits federal officials from paying any federal funds to any individual or entity that performs partial-birth abortions. The taxpayer must not be forced to fund this barbaric procedure.
Finally, my Life-Protecting Judicial Limitation Act of 2003 provides that the inferior courts of the United States do not have jurisdiction to hear abortion-related cases. Congress must use the authority granted to it in Article 3, Section 1 of the Constitution. The district courts of the United States, as well as the United States Court of Federal Claims, should not have the authority to hear these types of cases.
Mr. Speaker, it is my hope that my colleagues will join me in support of these three bills. By following the Constitution and using the power granted to the Congress by this document, we can restore freedom of conscience and the sanctity of human life.
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April 2nd, 2003
<br />
The First Amendment Protects Religious Speech<br />
Mr. Speaker, I rise to introduce legislation restoring First amendment protections of religion and religious speech. For fifty years, the personal religious freedom of this nation’s citizens has been infringed upon by courts that misread and distort the First amendment. The framers of the Constitution never in their worst nightmares imagined that the words, “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech…….” would be used to ban children from praying in school, prohibit courthouses from displaying the Ten Commandments, or prevent citizens from praying before football games. The original meaning of the First amendment was clear on these two points: The federal government cannot enact laws establishing one religious denomination over another, and the federal government cannot forbid mention of religion, including the Ten Commandments and references to God.
In case after case, the Supreme Court has used the infamous “separation of church and state” metaphor to uphold court decisions that allow the federal government to intrude upon and deprive citizens of their religious liberty. This “separation” doctrine is based upon a phrase taken out of context from a letter written by Thomas Jefferson to the Danbury Baptists on January 1, 1802. In the letter, Jefferson simply reassures the Baptists that the First amendment would preclude an intrusion by the federal government into religious matters between denominations. It is ironic and sad that a letter defending the principle that the federal government must stay out of religious affairs. Should be used two hundred years later to justify the Supreme Court telling a child that he cannot pray in school!
The Court completely disregards the original meaning and intent of the First amendment. It has interpreted the establishment clause to preclude prayer and other religious speech in a public place, thereby violating the free exercise clause of the very same First amendment. Therefore, it is incumbent upon Congress to correct this error, and to perform its duty to support and defend the Constitution. My legislation would restore First amendment protections of religion and speech by removing all religious freedom-related cases from federal district court jurisdiction, as well as from federal claims court jurisdiction. The federal government has no constitutional authority to reach its hands in the religious affairs of its citizens or of the several states.
As James Madison said, “There are more instances of the abridgement of the freedom of the people by the gradual and silent encroachment of those in power, than by violent and sudden usurpation.” I sincerely hope that my colleagues will fight against the “gradual and silent encroachment” of the courts upon our nation’s religious liberties by supporting this bill.
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April 1st, 2003
<br />
Don’t Antagonize our Trading Partners<br />
Madam Speaker, this week we will be working on the $75 billion supplemental appropriations to pay for the war. Financing the war is not as simple as it appears. It involves more than just passing a piece of legislation labeled as support for the troops.
It has now been fashionable to bash France and Germany and other friends if they are less enthusiastic for the war than we think they should be. Yet foreign corporations provide millions of jobs for American citizens. French companies alone employ over 400,000. There is a practical reason why offending the French and others may backfire on us.
In 2002 we earned $11.9 billion less from our investments overseas than foreigners did here. This is not a sign of financial strength. A negative balance on the income account contributes to the $500 billion annual current account deficit. Since 1985 when we became a deficit nation, we have acquired a foreign debt of approximately $2.8 trillion, the world’s largest. No nation can long sustain a debt that continues to expand at a rate greater than 5 percent of the GDP. This means we borrowed more than $1.4 billion every day to keep the borrowing binge going. This only can be maintained until foreigners get tired of taking and holding our dollars and buying our debt. Bashing the French and others will only hasten the day that sets off the train of economic events that will please no one.
In thinking about providing funds for the war and overall military expenditures, not only must every dollar be borrowed from overseas, but an additional $150 billion each year as well. The current account deficit is now 44 percent greater than the military budget and represents the amount we must borrow to balance the accounts. The bottom line is that our international financial condition is dire and being made worse by current international events.
It is true that military might gives a boost to a nation’s currency; but this is not permanent if fiscal and monetary policies are abused. Currently, our budget deficits are exploding, as there is no restraint on spending.
No one can guarantee permanent military superiority.
The dollar has already significantly weakened this past year, and this trend will surely continue. A weaker dollar requires that we pay more for everything we buy overseas. Foreign borrowing will eventually become more difficult, and this will in time cause interest rates to rise. Be assured that domestic price inflation will accelerate. Economic law dictates that these events will cause the recession to linger and deepen.
My humble advice, consider being nicer to our friends and allies. We need them more than we can imagine to finance our war efforts. There is more to it than passing the supplemental appropriation. Besides, we need time to get our financial house in order. Antagonizing our trading partners can only make that task that much more complicated.
The day will come when true monetary reform will be required. Printing money to finance war and welfare can never be a panacea.
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