waxman. mr. waxman: we have before us a suit that the people -- both raises a claim that the framers would have been astonished to consider that federal district courts have jurisdiction to adjudicate and is misconceived. arizona defines its legislature in its constitution to include both the people and two representative bodies. the premise that in drafting the elections clause, the framers intended to ignore a state definition of its own legislature. it is deeply inconsistent -- justice scalia: whatever the state calls a legislature suffices under a federal constitution, is that right? mr. waxman: the federal constitution by using the word legislature in connection with the accepted definition of that term in the founding generation. we cited both noah webster and samuel johnson's dictionaries and it was understood that legislature meant the body that makes the law. justice scalia: give me one provision of the constitution that uses the term "legislature" that clearly was not meant to apply to

waxman. mr. waxman: mr. chief justice and may it please the court, if a suit -- we have before us a suit that usurps power, both raises a claim that the framers would have been aston herbed to consider that federal district courts have jurisdiction to adjudicate and more fundamentally is misconceived. arizona defines its legislature in its constitution to include both the people and two representative bodies. the appellant's argument hinges on the premise that in drafting the elections clause, the framers intended to ignore a state's definition of its own legislature. it is deeply inconsistent with -- scalia: whatever the state calls a legislature suffices under a federal constitution, is that right? suppose the state says the courts are the legislature will that suffice under the federal constitution? waxman: by using the word legislature in connection with the accepted definition of that term in the founding generation. we cited both noah webster and samuel johnson's dictionaries and they were in accord bu

and waxman-markey, when people started to look at it, we started to get phone calls. i can't sell my house unless the department of energy certifies it as reaching certain levels of energy efficiency. how am i supposed to be able to do that? that's not a -- that's not a free society. that's not a free country where i am prohibited from selling the one possession that i had used to accumulate dollars in my estate over my entire life and i can't sell it without permission from the department of energy and people were legitimately asking questions about what this cap and trade bill will do. well, madam speaker, i got to tell you there's some times in this body where there's one of those moments where the incandescent light bulb goes off and one of those light night, we were sitting in the house rules committee, we were hearing testimony, two members from kentucky, one on the majority and one on the minority. the one in the majority is bringing 2042, the ratepayer protection act. mr. whitfield of kentucky was explaining what the bill would do, the protections the bill wou

waxman: that's right. the question is are the people by initiative part of the legislature that they hum's -- they themselves have chosen? in smiley, again discussing hildenbrand, this is what the court said, and it was because it was the authority of the state to determine what should constitute its legislative process that the validity of the requirement of the state constitution in its application to congressional elections was sustained. scalia: legislative process there means what it takes the legislature to enact a law. once you assume legislative refers to legislature, your whole argument for smiley just disappears. >> the state of arizona, like the states of the near majority of the constitutions of the states of the near majority have defined the legislative power to include the people by initiative and again and like the court quoted, it is not unusual for the same word to be used with different meaning. and i'm quoting here. for example, the meaning of the word legislature, used several times in

we had markey and waxman and all of that. so and right now i belong to the most exclusive club in washington it's called united states senators who are not running for president. the, with the exception of lindsey graham they're all on our side on this issue. now this whole thing should have been over in with climate gate, and i'm going to go back and refresh your memory on that. these parties that they have, the u.n. puts up, are every december, and the one that was in copenhagen, obama went over, nancy pelosi john kerry, barbara boxer, and hillary clinton, all five of them went over to tell the 192 countries that we're going to pass legislation that was cap and trade legislation. then i went over as one-man truth squad, and it was really fun. i remember talking in wiric's place. i went over there and said you've heard about all these people. i'm going to tell you guys, it's not going to happen. they all lied to you. and of course it didn't happen. but all 191 other countries had one thing in mind, in common. they all hated

we had markey and waxman and all of that. so and right now i belong to the most exclusive club in washington it's called united states senators who are not running for president. the, with the exception of lindsey graham they're all on our side on this issue. now this whole thing should have been over in with climate gate, and i'm going to go back and refresh your memory on that. these parties that they have, the u.n. puts up, are every december, and the one that was in copenhagen, obama went over, nancy pelosi john kerry, barbara boxer, and hillary clinton, all five of them went over to tell the 192 countries that we're going to pass legislation that was cap and trade legislation. then i went over as one-man truth squad, and it was really fun. i remember talking in wiric's place. i went over there and said you've heard about all these people. i'm going to tell you guys, it's not going to happen. they all lied to you. and of course it didn't happen. but all 191 other countries had one thing in mind, in common. they all hated

she served for many many years as an expert staffer under our former chairman henry waxman, and she was on this side of the table. and now she's on that side of the table. but i just wanted to welcome her back, so good to see you again, and you're continuing outstanding work. thank you so very much. i want to ask you a question, and also ms. hammond. it's in response to comments from the chairman. in your opinion, and both of you can respond, are energy and environmental issues inherently related, and why is it so very, very important that any kind of comprehensive energy policy also integrate environmental concerns in that policy and anything specific with the -- [ inaudible ] so i'll ask you either -- both of you the question, please. >> thank you, mr. rush. >> did you turn it on? >> i did turn it on. shall i project? >> yes. all right. >> you have a great voice. >> yes, it is true that energy decision-making inevitably impacts and is impacted by environmental concerns. the energy sector is where we see the greatest greenhouse gas emissions. that is pure fact, and the question is what

she served many years as an expert staff are under our former chairman henry waxman and she was on the side of the table and now she is on that side of the table. so good to see you again in your continuing outstanding work. thank you so very much. i want to ask you a question and also ms. hammond in response to the comments of the chairman. in your opinion and mostly your response, our energy and environmental issues inherently related to and why is that so very very important that any time comprehensive energy policy also integrate environmental concerns and not policy into either of you have any -- [inaudible] [inaudible] >> you have got a great voice. >> yes, it is true that inevitably impact of environmental concerns. patio mac the question is what to do about it. the energy provisions that do not consider environmental procedures. we will see further market dysfunction. we will see the law of diversity and the environment. my recommendation that the minimum -- [inaudible] are enumerated as a criteria for consideration of the planet golf. thank you. >> i would just add to that the