1  recognizing the separation of powers between the Congress and the Executive, the new statutory
2 scheme expressly also provided:
3                This chapter [ 36 U.S.C.A. S 501 et seq.] does not apply to the
United States Capitol Buildings or Grounds or other property under
4                the jurisdiction of Congress or a committee, commission, or officer of Congress, A service or facility authorized by or under this
5                chapter is available for the property on request or approval of the joint committee of the Senate and House of Representatives
6                appointed by the President of the Senate and the Speaker of the House of Representatives to arrange for the inauguration of the
7                President-elect and the Vice President-elect.
8 36 U.S.C. § 507.
9               Congress continued its role for ceremonies taking place on "Congressional
10 property" in the 2001 Inauguration Ceremonies by joint resolution. Senate Joint Resolution 89,
11  106th Congress, 146 Congressional Record S10266-04,2000 WL 1509815, provided:
12               There is established a Joint Congressional Committee on Inaugural Ceremonies—consisting of 3 Senators and 3 Representatives...The
13                joint committee is authorized to make the necessary arrangements for the inauguration of the President-elect and Vice President- elect
14                of the United States on January 20, 2001."
15 Id.
16 As explained in the Congressional Record, "[t]he JCCIC is charged with the planning and
17 execution of the Inaugural activities at the Capitol: the swearing-in ceremony and the traditional
18 luncheon which follows." Id.
19                 While it is very doubtful that the controlling legislation permits the Congressional
20 Joint Committee to determine what a President will say at an inauguration over which he
21 maintains control, or what is said on his behalf by invited speakers, for the sake of argument in
22 accordance with Newdow's amended complaint, the undersigned will assume that Senator
23 McConnell's committee did have some content control or choice of speaker role in such.
24                Whether the issue is restraining the President, or the Congress, or both, the same
25 point applies as made earlier about the courts' lack of authority to adjudicate the propriety of the
26  \\\\\
5