Massie: This Is the Place to Have the Debate

Mar 5, 2026 · 4:24 floor-speechcongressconstitution

Floor remarks: the House floor is where the argument belongs.

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  1. Gentleman from Kentucky is recognized. I might have an unique perspective here. Um unlike the Democrats, I support this
  2. bill, I support the um underlying purpose of it, but I'm interested in this amendment. I was very interested
  3. when Mr. McClintock reserved a point of order. I thought maybe we would debate whether this is the right place to have the debate on whether you need a warrant
  4. to enter into a residence. This debate does belong on an authorization of DHS bill. The problem is we haven't done
  5. that. We're not doing that. We haven't done that in a long, long time. And we should That's where this debate belongs.
  6. There will There would be an opportunity to have this debate on the spending bill, which is stalled right now, the the DHS spending bill. I think that
  7. would be a good place to put it, a limitation amendment that says none of the funds hereby appropriated shall be used to enter a residence without a judicial warrant. We can sort of Any one
  8. of us could write that amendment right here now. The problem is we've had so many closed rules uh from our Rules Committee
  9. that I don't think they're going to allow us to have that debate there, either. So, it turns out this is the place to have the debate. And um
  10. and you know, my party didn't raise a point of order, so let's have the debate. Anticipating this debate, I asked Secretary Noem yesterday what her
  11. opinion was on judicial warrants versus administrative warrants when you enter into a residence. And
  12. I I believe she tried to assuage my concerns. I did She said that out of the thousands of arrests and incidents, this was only
  13. an issue in 28 of the arrests. Now, if I'd had more time, I would have asked two questions. Well, why even try those
  14. 28 arrests? Or number two, could you have completed 26 of those arrests if you'd gotten a judicial warrant? Or
  15. maybe all of them. Was Was that an impediment in those in that very small number of cases that she claims that this is actually a debate.
  16. So, with, you know, keeping in mind what Secretary Noem said, which is this is a very rare occurrence,
  17. I actually don't think this amendment is a poison pill. This is another test that I apply before I vote for an amendment that
  18. I'm sorry to the members of the other side of the aisle. I'll have to kind of look a little bit with a little bit of scrutiny when you offer amendments to make sure these are not poison pill
  19. amendments because, like I said, I under I support the underlying bill. I feel like a few of these earlier amendments
  20. that say, "Well, except in cases where you violate the Constitution." I understand that's just kind of a dilatory amendment that doesn't mean
  21. much, but in this case, I think you have a real amendment. Uh I think this might be the only place we can have the debate, unfortunately, because everything's so closed. I've been
  22. assured by Secretary Noem this is just a very minor issue that Republicans shouldn't be concerned about. And so, um
  23. I'm going to support the amendment. And and because this is about the Fourth Amendment, and do you need a warrant to enter not some
  24. squatter's encampment of illegals who just came over the border, we're talking about going into American citizens'
  25. residence. Right? These are legally owned homes and apartments owned by American citizens. So, I understand, you
  26. know, we need to pursue illegal [snorts] immigrants and deport them, but why can't we still maintain respect for the
  27. Constitution and say that if you're going to enter an American's home with law enforcement and you're not in hot
  28. pursuit and somebody's not about to die, why can't you just spend the extra few hours to call up a judge and ask for a
  29. warrant and make sure that we're a republic, uh that we've got three functioning branches of government. So, with that, um
  30. I just want to say I support the amendment and I yield back. Gentleman yields back.

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