February 8, 1973
Page 4095
Mr. MUSKIE. Mr. President, my experience with representatives of the administration in recent weeks has convinced me that we are going to have to go beyond empty threats in contesting the administration's usurpation of the constitutional authority of Congress and in opposing its negative approach to solving pressing domestic problems.
The Executive certainly has the right to propose budgetary priorities to Congress. Congress always has the opportunity to reject or modify these proposals.
But this administration has gone far beyond proposing priorities. Administration witnesses have made clear their intent to persist in ignoring the Congress constitutional power over appropriations by impounding appropriated funds in unprecedented fashion, imposing unilateral cutbacks or even terminating congressionally mandated programs.
I have always believed that the President should have leeway to appoint a Cabinet he feels will carry out his policies. And with rare exceptions I have voted for Presidential nominees even when I disagreed with them on some issues. But I also believe that the Senate has the responsibility to reject nominees who would perform their office in disregard of the Constitution and the Nation's needs.
It is with these thoughts that I have approached the question of the confirmation of Mr. Caspar Weinberger to be Secretary of the Department of Health, Education, and Welfare. Mr. Weinberger is undoubtedly an intelligent, capable, and experienced administrator. But he is also the chief architect of the administration's negative and unconstitutional policies which I cannot conscientiously endorse. I, therefore, must vote against his confirmation.