OF AMERICA

th PROCEEDINGS AND DEBATES OF THE 90 CONGRESS FIRST SESSION

VOLUME 113-PART 1

JANUARY 10, 1967. TO JANUARY 24, 1967 (PAGES 3 TO 1422)

UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON, 1967 January 19, 1967 CONGRESSIONAL RECORD - SENATE 1011 erable distances into actual or potential how they operate. and what the rights of statement. How it received any cre­ battle zones. ., Senators under the rules are because my dence at all in the Senate I am utterly Finally, the nature of our relationship appreciation for the crucial importance unable to understand. with the Soviet Union is not the same of the rules in the deliberations of this The procedure which was instituted today as it was under Stalin. For these body has been greatly sharpened in the yesterday is practically identical with and other reasons, the size and natw'e last few days. that which is presently available in every of our European troop conunitment Mr. President, it was said some years other legislative body in the civilized should be reevaluated. ago that the filibuster. in the Senate, is world. It is contemplated by the Con­ Senator MANSFIELD is performing a king. I think the filibuster still reigns as stitution of the United States. service to the Nation in focusing atten­ king of the Senate. I feel that it is re­ It is merely that of majoriy rule, tion on this problem. and I am proud garded with considerably greater rever­ which is part of our American tradi­ to join him as a cosponsor. ence than the concept of majority rUle, tion. or even the desire of a majority of the While it is probably redundant at this Senators to utilize a procedure that point to reiterate what was so ably said SENATE RULES-AMENDMENT OF would have permitted us to vote on a yesterday by the Senator from South RULE XXII, RELATING TO CLOTURE provision allowing debate to be closed Dakota, the Senator from California, Mr. McGOVERN. Mr.' President, I by three-fifths of those Senators present and the ~enator from , I could wish to renew my motion that the Senate and voting. not refram. when the Senator from proceed to the consideration of Senate I deeply regret that the Senate is in South Dakota said that arguments made Resolution 6, offered by the distinguished what I believe to be a trap, or a bind. yesterday were perfectly preposterous, Senator from Kentucky [Mr. MORTON] A majority of the Senators seem to favor. from rising to my feet and agreeing with and me, to provide for the closing of in principle, a procedure to permit 60 him. debate under rule xxn by three-fifths of of the 100 Senators-assuming they Mr. FULBRIGHT. Mr. President, the Senators present and voting. were all present-to bring an end to an which argument was that? The PRESIDING OFFICER (Mr. HOL­ extended filibuster. Yet we seem to be Mr. CLARK. The argument that 51 LINGS in the chair). The resolution will paralyzed by the existing rule which re­ Senators and the Vice President might be stated by title. quires two-thirds of the Senators to be able at the beginning of the session, The LEGISLATIVE CLERK. A resolution terminate debate from even voting on the under the provisions of the Constitution (S. Res. 6) amending the Standing Rules three-fifths proposal. of the United States. to terminate debate of the Senate. The pending motion, which calls upon and that the Senate of the United States The PRESIDING OFFICER. The the Senate to move to the consideration as an institution was therefore in danger question is agreeing to the motion to of the resolution by the distinguished of.destruction. I said then and say now proceed to the consideration of Senate Senator from Kentucky [Mr. MORTON] that it is utterly preposterous. Resolution 6. and myself, to permit the closing of de­ Mr. FULBRIGHT. Mr. President, I do Mr. MANSFIELD. Mr. President, wlll bate on a vote of three-fifths of the Sen­ not know that it was. Sixty-one Sen­ the Senator from South Dakota yield, ate, is a conservative, a moderate, a ators voted that it was not preposterous. without losing his right to the floor, so middle-of-the-way procedure; and I They voted that it is' a very serious that I may present a motion for cloture? think it is regrettable that a minority matter. Mr. McGOVERN. I yield. of the Senate can block even the con­ Mr. McGOVERN. Mr. President. I Mr. MANSFIELD. Mr. President, I sideration of that proposal. want to speak specifically to the state­ submit a motion for cloture. and ask that With his usual insight. the distin­ ment of the Senator. The point I was it be read. guished cartoonist of the Washington making was that there was a statement The PRESIDING OFFICER. The mo­ Post, Herblock, has captured the spirit made on the fioor of the Senate that if tion wlll be stated. of what transpired on the fioor of the a majority of the Senate were able to The legislative clerk read as follows: Senate yesterday. His cartoon in this terminate debate. if that procedure were morning's Post depicts a bull labeled adopted, it would destroy the U.S. sen­ MOTION FOR CLOTURE "filibuster" frightening the Senate into ate and would end its effectiveness as an We the undersigned Senators, in accord­ ance with the provisions of rule xxn of the a position where we are once again un­ instrument of government. That Is the standing Rules of the Senate. hereby move able to work the will of the majority. statement that I said was preposterous. to bring to a close the debate upon the mo­ I think the cartoonist's choice of a Mr. CLARK. And that is the state­ tion to proceed to the consideration of Senate bull-and I do not know how to get a ment that I agree with. Resolution 6. a resolution amending the smile or an indication of good humor Mr. McGOVERN. I do not believe Standing Rules of the Senate. into the RECORD, Mr. President, but I that the Senate would collapse if that MIKE MANsFIELD, EVERE'rl' M. DIRKSEN, wish to say that that is the way I am procedure were adopted. 'THOMAS KUCHEL, LEE METCALF, WALTER MONDALE, JOSEPH S. CLARK, JOSEPH M. making this statement-a bull was a Mr. FULBRIGHT. It would not do so MONTOYA, ROBERT F. KENNEDY, STE­ fitting symbol for the thought he was physically. but there would be very little PHEN YOUNG, CHARLES H. PERCY, WAYNE trying to depict. use in continuing it with the expense and MORSE, PHILIP A. HART, ABRAHAM RmI­ I was particularly disappointed that it everything else that would be involved. COFF, JACOB JAvrrs, HUGH SCOTT. GOR­ was asserted here on the fioor of the It would have no function. The whole DON ALLOTT. . JOSEPH Senate yesterday that if a majority of legislative function would be served by D. TYDINGS, MARK HATFIELD, CLINTON the Senators and the Vice President of the House of Representatives. If the ANDE!lSON, EDWARD M. :KENNEDY. GEORGE MCGOVERN. WILLIAM PROXMIRE, JOHN the United States. who was then presid­ Senate were to have no capacity to de­ O. PASTORE, CLAmORNE PELL, HARRISON ing. were able to carry through the pro­ liberate on an issue, why should we have A. WILLIAMS, FRANK Moss. DANIEL cedure which we had outlined that would two Chambers? BREWSTER, CLIFFORD CASE. HIRAM L. have led to the destruction of the U.S. The only reason that we have two FONG, ROBERT GRIFJ'IN. Senate and the end of the Senate as an Chambers is because the Senate serves Mr. McGOVERN. Mr. President, let effective instrument of government. the purpose of considering important me say flrst that this involvement in an I regard that as a preposterous bills at length, if necessary. effort to change the rules of the Senate is assertion. Mr. McGOVERN. As the Senator my first. I have always had a tendency Mr. CLARK Mr. President, will the knows, we already have a rule that any to feel that those who devoted much of Senator yield? time a majority of the Senate wishes to their time to efforts to change the rules Mr. McGOVERN. I yield. do so, it can table any matter that is were probably giving their efforts to a Mr. CLARK. Mr. President. I merely pending before the Senate. secondary matter. But after the very want to briefly indicate my strong sup­ Mr. FULBRIGHT. That is a negative brief experience I have had with this port of the statement the Senator from capacity. matter, I am developing a growing ap­ South Dakota has just made. Mr. McGOVERN. It is a power that 8 preciation of the importance of the rules The assertion, made yesterday, that majority of the Senate has to close de­ of this body. I am now resolved to de­ the adoption of the procedure we had bate and to kill a pending matter. vote more effort to mastering the rules, proposed would have led to the destruc­ Mr. FULBRIGHT. That is no way in and learning something about them and tion of the Senate. was a preposterous which a law can be passed, by tabling it. 1012 CONGRESSIONAL RECORD - SENATE· January 19,1967 That is a negative power. We cannot Mr. McGOVERN. I did not imply that reSponsible for the haste with which we impose anything on anybody in that way. the Senate has not played an important dealt with it. Mr. McGOVERN. It does end the de­ role in the development of the country. Mr. FULBRIGHT. No. But the op­ liberation of the Senate on that matter. I simply denied the Senator's implica­ portunity was there, if the Senator had There is nothing unprecedented about tion that it rested on rule XXII. taken advantage of it. majority rule. I am very frankly puzzled I do not think that there is anything Mr. McGOVERN. All I say is that at the predictions of what Vlould happen sacred about a two-thirds rule. I think whether we have a three-fifths rule or a in a democratic country, where we believe a three-fifths rule is a better way. two-thirds rule, it does not really speak in democracy, if for some reason or other Mr. FULBRIGHT. The Senator is to the point of whether this is a delib­ the majority for once had an opportunity arguing about details. Some may think erative body. to be heard and to work its will. that three-fourths would be better, or 59 We can deliberate when in our own Mr. FuL.BRIGHT. Mr. President, I percent, or 58% percent. I support the judgment we should do so. honestly believe that this is not quite as present rule. I wish we exercised that judgment neat and rational as that. If we look at I am talking about the undesirability more frequently than we do. the experience of countries that have of majority rule in which at any time a Again, I stress that I am not in any tlied democracy, many of them have had bare majority can control a situation way implying any criticism of either the this very same majority rule of which without any delay. And I certainly be­ Senator from Georgia or the Senator the Senator speaks. One country after lieve that rule XXII is the distinguishing from Arkansas, whom I respect as much the other has fallen by the wayside. quality of this body. as any other Member of this body, and I They could not make the system work. I am just as impatient as is the Sen­ respect the way they handle the legisla­ I insist that one of the reasons that ator about some of the delay. tion that they bring here. this Government has operated as well as We are not the only ones who are tak­ Mr. RUSSELL. Mr. President, will it has, in an unprecedented way-for a ing a position on this bill. Some of the the Senator yield? country as large and as diverse as this­ people on the Senator's side of the argu­ Mr. McGOVERN. I yield. is that it has been ruled by our particu­ ment have been the greatest talkers in Mr. RUSSELL. Let me say to the dis­ lar form of democratic system. One of this body. tinguished Senator that I would be very the important elements of this success is It always amazes me how they can ad­ happy, indeed, to have him speak at this body. No other body in the world is vocate that position and yet they occupy length on both the authorization and quite comparable to it. In all of the a lot more time on the floor than I do, the appropriation for the Department other two-body parliaments, such as and they would complain more about of Defense. I realize that they consume Canada and England, the upper body is the shutting off of debate. a tremeI}dous part of the income of this usually an adornment. It is usually an Mr. McGOVERN. The reverse is also Nation. ,This year it is going to be larger honorary body and has no power. true, that some of those who seem most th,anit has been since World War II. I This is a unique body. I think it has steadfast in support of unlimited debate think that the proportion of the income, contributed much to the success of our become the most impatient when some by the time we get through with our sup­ democracy. Members of the Senate are discussing a plemental authorizations and appropria­ Mr. McGOVERN. The Senator is en­ matter before the Senate. tions, will show that Defense activities, titled to his judgment. I cannot accept I am not pleading for an end to the the war in Vietnam,,and the maintenance the statement that the success of our deliberative character of the Senate. I of strong military forces all over the country is centered on rule XXII; nor wish that on some of these matters we world, have consumed a higher percent­ can I believe that the tribulations and would deliberate more carefully and age of the·national income than has problems of some of the other countries longer than we do. been the case since World War II; and in the world can be explained by the ab­ I note that the distinguished Senator it will . probably run·higher than the sence of rule XXII in their procedure. from Georgia [Mr. RUSSELL] is present. first 2 years of World War II. Mr. FULBRIGHT. Mr. President, rule We all respect him very much. .We. have had extensive hearings. We XXII is one of the rather significant The Senator from Georgia presents have printed some 800 or a thousand characteristics of this body, as distin­ legislation year after year which involves pages of testimony. It is available to guished from other similar bodies. half the Federal budget, and sometimes all Senators. For some mysterious reason, this sys­ more than that. It may run to $73 bil­ Intimespast, I have endeavored to re­ tem has worked in spite of the many dis­ lion or $74 billion this year. Those duce the bill. I had a rule, my own advantages in this country, such as measures go through with a whoop and rule-it was not a majority rule; it was having a great disparity in conditions a holler. a minority rule-that I undertook to re­ and very diverse population. I am not blaming the Senator from duce the Defense Department approprla­ Many other countries having a homo­ Georgia for that. I am merely saying tionbya billion dollars each year, and geneous population and far less differ­ that the entire senate does not take as I did it for 701' 8 years. But it becomes ences that we have, such as our racial long a look at these matters as it should. more difficult when the world situation problems and so on, have had difficulty I am as much at fault as are the is as it is today. I do not know that we in making democracy work. others. will be able to do it. I think in view of the difficulties, the I wish that, when the Senator from I would appreciate the help of the size, the diversity of Culture, the popula­ Arkansas presented the Bay of Tonkin Senator from South Dakota. I do not tion, and so on, it is a remarkable feat resolution, we had deliberated it longer. know whether I would agree with him that these 50 States operate as well as Mr. FULBRIGHT. You should have onpart,sofit that he might wish to re­ they do, and we have our problems. filibustered it. Why did you not? . duce; but I hope that he will scrutinize I am sorry that the Senator does not Mr. McGOVERN. I wish we had. I the heai'ings and that, with the experi­ think the Senate has played an impor­ take part of the blame. ence he has had in the Armed Forces of tant part. I tried to ask some questions and I the United States, he will advise his col­ I happen to think that the Senate has got the impression that we were disrupt­ leagues fully asto his position~ played a very impol·tant part. ing what should have been a quick Let me say.to the distinguished,Sen­ The one chief difference between this procedure. ator. that, .asa. practical matter, the body and similar bodies in other gov­ Mr. FULBRIGHT. That was my majoritydo~snot need anyrules..They ernments is the fact that we can assure fault. I thought the Senator was. have the .nakedpower. ,They have the adequate deliberation and consideration, Mr. McGOVERN. I take some of the strength. "Themajority do not needany and that assurance is provided by rule blame. I think we should be much more rules, except for 1nf,leting and adjourn- XXII. deliberative sometimes than we are. ing. . ...'.. .,. Mr. McGOVERN. Mr. President, I am Mr. FULBRIGHT. I do not know of Mr. GORE. Arid the vote. not going to let the distinguished Sen­ any instance in which I regret being .. Mr. RUSSELL. And perhaps to expel ator put me in the position of implying too deliberative. There are several in­ any member.of the minoritY.who be­ that. stances when I deeply regret being too cOples a nuisance RI}d interruptS so often . Mr. FULBRIGHT. The Senator did precipitant, and that is one of them. that he might iI}terfere with the passage imply that this is of no significance. Mr. McGOVERN. Rule XXII was not iInmedia~elyofa.lJill. But, in the last 'CONGRESSIONAL 'RECORD - SENATE 1013 analysis,' .the rules ar~tdevisedto pro­ to take whatever time was necessary to tor from Arkansas [Mr. FULBRIGHT] tha.t tect the rightsi.Qf tlie' minority and to discuss those problems. I am really a little startled that he makestire that both- sides of 'a question , Nor do I in any way wish to cast any should say that if we were to adopt in are presented.·' ,,' reflection on the rights of the minority the Senate a procedure for majority rule, The expectation was that both sides of in this body. I believe that the pro­ after reasonable and extended debate, the .'situation would develop' fully in de­ posal tha.t the Senator from Kentucky that the Senate would have lost its use­ bate, that it would permeate but to the [Mr. MORTON] and I have brought be­ fulness and might as well be abolished electorate of.the Nation,'and'that they fore the Senate, and on which we are because the House of Lords no longer would then; make' their voices; heai'd. asking consideration, is one that fully has the power and the French Senate no We have a '. republican form' of govern­ protects the minority of the Senate. It longer has any power. I am startled to ment but, after all,we are ll.self-govern­ changes rule XXII in no way except to hear that argument. ing people, because we' elect those' who provide that 60 Senators, instead of 67, Mr. FULBRIGHT. None of them speak for us when<' they f come to can, after considerable debate, bring the have. Yesterday the majority had a Washington. .1. / • matter to a vote. right to rule. There was a majority vote Now, the majority can. determine an Mr. RUSSELL. It is a question of how and the majority did rule, and they ruled issue. I do not think that anyone is small a minority the Senator wishes to in accordance with my views. arguing that the majority'sho1.lld not protect. I think' one-third of the mi­ Mr. CLARK. I congratulate the Sen· have the right to determine an issue. nority ought to be protected. ate on the erroneous result which took But it is important that a minority, even Mr. McGOVERN. I disagree with the place yesterday. if it is a minority of one, have a right t'o Senator. I do not believe that there is Mr. FULBRIGHT. I am proud of the tell the majority to stop'. and look and any magic formula or any sacred figure. Senate. Usually when there is adequate listen and to consider what 'theY' are The two-thirds figure was worked out debate, the Senate will reach the right about to do; and, if by blind partisan­ by the Senate in the same way we are result. The only way to develop reason· ship or by corruption, or by intimidation, attempting.to work out this procedure able debate is by this rule. If majority such as occurred in some legislative here. rule is adopted there is no longer any way bodies-thank God, not in the United I yield to the Senator from Pennsyl­ for anyone to test the reasonableness of States; on any wholesale scale-a major­ vania. the length of debate. ity wishes to move expeditiously and to Mr.. CLARK. I thank' the Senator Mr. CLARK. I quite disagree with the prevent the full disclosure of .the import from South Dakota. Senator. and the impact of theiraction, that they As I look around the Chamber, I note Mr. FULBRIGHT. It is a curious shall not have that advantage; and it that I am the only advocate of majority thing, if one has stUdied the historY of was never, in my opinion, intended in ruIe presently on' the fio01'. I did not this. matter, this country that a majority should have intend to participate in this debate. I Mr. CLARK. Yes, I have studied it. that power. came to the Chamber for a different pur­ Mr. FULBRIGHT. In the old days, We talk about. the power of the ma­ pose. before debates on civil rights, it was al­ jority.In the last analysis, they have I am' grateful to the Senator from ways the liberals, using that word as we the power. The majority passes a bill. South Dakota for yielding to me. But use it now, who were taking the position The majority can change the rules. But I should like to say a few words, because that I am iaking today; back in the days the minority, even if itis, a minority of possibly some day a few people-not very of La Follette, Reed, and Borah, the peo­ one, must have the right; if our system many-will the read the RECORD of what ple who were then called liberals. I do is to survive, to stand and say, "Look, is going on in the Senate at this moment; not like these words either way. you nre about to do' violence to our and r suppose that it is merely the fact Mr. CLARK. Neither do I. system by the action you propose to that I am a Philadelphia lawyer which Mr. FULBRIGHT. They are greatly take." And if that makes no impression makes me unwilling to let the debate misused. on those who are inflamed by passion terminate on the basis on which it Mr. CLARK. I prefer moderates. or prejudice, or are so. overcome by cor­ presently' stands, I suppose it cannot Mr. FULBRIGHT. Progressives. ruption, he should have the right to re­ even be called a debate. It is just a Mr. CLARK. They do not realize that iterate his case again. and again, until colloquy between sincere Senators who we are living in the third third of the it goes out to the country; and the coun­ happen to feel very deeply and very dif­ 20th century, and think that we are try will understand the issues that are ferently on a matter of some importance. living in the good old times when rosy involved,before it is too late and they d~astic Mr.. RUSSELL. Mr. President, will complexions could not be bought in a are swallowed' up by' saine or the Senator yield? store. socialistic legislation. . .' . Mr. FULBRIGHT. The issues were a No, I am not disputing m.ajorityrule. Mr. CLARK. I yield. I believe in majority rule. But I also Mr. RUSSELL. I want to correct the little different, and those men were all believe that the minority have rights idea of the Senator from Pennsylvania for the protection of these rules. which are equally sacrosanct. As a mat­ that he is the only proponent of majority With all due deference to the Senator ter of' fact, the rights of the minority rule in the Chamber. I favor majority I think that civil rights issues prejudice ought to be a little more sacred, because rule, but I refer to the method by which the judgment on the matter of the rules. the minority need thOse rights, much the majority is going to rule. Mr. CLARK. The Senator is wrong in more than the majority." The majority Mr. CL.'\RK. If the Senator would that respect. do not need them as fully .as the mi- permit me to differ with him-and this Mr. FULBRIGHT. If we ever get that nority. . . . ' ...... " I do with great diffidence-I do not think issue out of our craws around here there Mr. CLARK. Mr. President, will the the Senator does believe in majority rule. will be a great change in the attitude of Senator yield? Ido not think the Senator ever has be­ the people about this rule. We are on Mr. McGOVERN. Before I yilhld to lieved in majority rule. and I think the the way toward getting it out. the Senator from Pennsylvania, let me Senator has made a great record in this In spite of this rule that is objected to, first comment briefly, to again reassure body, over a long period of time, defend­ bills were passed. Whenever the Senate the Senator from Georgia, as I attempted ing what he conceived to be the best in­ really wants to pass a bill its gets cloture. to do earlier, that I am implying no terests of his State by opposing majority If there were the necessay votes it could criticism of the way he has handled rule, whenever he felt that the interests get cloture next week. If the Senator legislation that has come to the floor of his State wouId be affected if a ma­ did. I would not object because he would from his committee. . jority were permitted to work its will. have done it in accordance with the rules, Although I am a very' junior Member It occurs to me that this afternoon in in a fair and open manner. If cloture of the Senate, on any occasion when I this body those who oppose majority rule is obtained, I might not like it, but I have raised questions about the defense raise a series of strawmen and then would have no complaint. However,the budget or any other matter, the Sen­ proceed to knock them down. and in each rules might have been emasculated yes­ ator from Georgia has been very cour­ instance the strawmen they raise have terday by that funny procedure. teous and has put nopressures whatso­ nothing whatsoever to do with the issue Mr. CLARK. Mr. President, I woUld ever upon me--or, so far as I know, on which is being debated. like to return to my argument, although any other Member' of the Senate-'-n'ot May I say to my good friend, the Sena- I am sure that the' Senator from Ar- 1014 CONGRESSIONAL RECORD-· SENAT,E January 19, 1967 kansas will disagree with it. If the Mr. FULBRIGHT. Did not the Sena­ of where majority rules should apply, senator from Arkansas wishes me to tor say that this :flies in the face of 50 and what JIlajority should be required, yield again in the middle of my argu­ States? Of course it does, and it should. are questions upon which real savants ment I shall, but I would like to have the We should not operate with the same have differed in their opinions for many opportunity to state brieflY my point of rules. years. view. Mr. RUSSELL. It would not be 50 I could quote, as the distinguished Mr. FULBRIGHT. Does the Senator States. We have States prOViding for Senator well knows, from such students mean that he would like me to sit down two-thirds. of government as Walter Lippmann, for a minute? Mr. FULBRIGHT. Even if they all Arthur Krock, David Lawrence, and Mr. CLARK. Yes. do. others, statements strongly supporting Mr. GORE. The Senator has just Mr. RUSSELL. The present occupant the cloture rule in the Senate and the made a most interesting observation of the chair [Mr. HOLLINGS] represents belief that on vital issues a simple major­ which I think is far more important a State which has a two-thirds vote. ityshould not rule. than the rules of the Senate. He has Mr. FULBRIGHT. The Senator will I want the RECORD to show today that just referred to the good old times when admit that we are dealing with a great only yesterday, as we were entering into a rosy complexion could be bought in a federation of 50 States, and not dealing debate, as the distinguished Senator store. with the homogeneous population of any from South Dakota was about to make Mr. CLARK. Could not be bought in one of the States, or a country like Eng­ his motion, he was depending on-may a store. land. England is a homogeneous coun­ I say-majority rule to support hIs clo­ Mr. GORE. I misunderstood. try. They can operate with a previous turE: motion, not upon the GO-percent Mr. CLARK. It was not true. They question rule. rule Which he offers in the Senate. could be bought in the store then, too, Mr. CLARK. Mr. President, I do not A very able editorial was published in but the popular song says that they could wish to be rude to my dear friend, the the Evening star on this same subject not. Senator from Arkansas [Mr. FuLBRIGHT], entitled "Minority Safeguard." I could Mr. GORE. I thought that if that but I do wish to make a relatively brief encumber the RECORD by including it all, day had passed something would be fail­ statement, and I must regretfully refuse but I shall supply the full editorial for ing my eye. to yield further until I have completed the distinguished Senator, if he has not Mr. McGOVERN. Did I hear the Sen­ my argument. I shall be happy to yield seen it. I should like to quote these ator correctly that there is something to the Senator from Arkansas and others excerpts to show that the distinguished more sacred than the rules of the Sen­ when I have completed my statement. editorial staff-headed by Benjamin M. ate? Mr. McGOVERN. The Senator has McKelway, whom most of us know and Mr. GORE. I did not say sacred. I not forgotten that I have the floor, has respect very much-differ with the able avoid the use of that word in political he? Senators' interpretations of what the arenas. Mr. CLARK. No; the Senator from Senate should do in this matter, as Mr. CLARK. Mr. President, I wish to South Dakota [Mr. MCGOVERN] has the stated by the Senator from Pennsylvania return to the point which aroused the floor. If the Senator from South Dakota and the Senator from South Dakota. attention of the Senator from Arkansas. wishes to complete his speech, I shall not I read a few excerpts from the edi­ Year after year these strawmen are ask him to yield further, and I shall ob­ torIal. The first is the following: raised by those who object to majority tain the floor in my own right. If the The Senate, since Its creation, has been a rule, and then they are knocked down Senator from Arkansas is willing to re­ shield against the hasty, lmpetuous or reck­ with great gusto. Then, the filibuster is main in the Chamber, we can have a col­ less lmposltlon of majority w1ll on the 00­ continued with a great sense of self­ loquy. However, I want to make a two­ norlty. This Is a mUch-needed safeguard, righteousness. sentence argument. and we hope it Will be preserved. In point of fact, the Senate, in my There is nothing ridiculous, nothing Then, skipping on to a later part of opinion, is a great American institution which is out of order to suggest that the the same editorial, it states: Senate should have the same majority and one which I love. I am happy and Of primary lmportance, however, Is the proud to belong to the Senate. I think rule which is available-and I reiterate­ :fact that ours Is not a political society based that one of the very few things wrong in everyone of the 50 State senates in on the notion of simple majority rule. There with it is this unfortunate tradition of our country, and every other parliamen­ are several constitutional safeguards against unlimited debate, a tradition which flies tary body in the world which purports to What has correctly been called "the tyranny in the face of the rules of the 50 senates be democratic, and the House of Repre­ of the majority." In our national legislative of the separate States. sentatives. In my opinion, our failure to procedures, however, It Is the Senate which Mr. FULBRIGHT. I am sorry. I did have such a rule has resulted in this body affords this protection, a protectlon which holding back necessary progress and fail­ Is at war With the concept of automatic not hear that statement. majorlty rule. Mr. CLARK. I said that the tradition ing to take actions required by a con­ of unlimited debate in this body flies in stantly shrinking and increasingly com­ Then, skipping to a later part of the the face of the history of the rules of the plex world, to the great detriment of the editorial: senate of every one of the 50 States. American people. Heretofore, the Senate has functioned as Mr. FULBRIGHT. Mr. President, I thank the Senator from South a continuing body-which means that Its will the Senator yield? Dakota for yielding. rUles cannot be changed by majority vote. Mr. CLARK. I yield. Mr. HOLLAND. Mr. President, will But there Is a move afoot to alter this, to do the Senator yield? away wlth the contlnulng body concept and Mr. FULBRIGHT. Mr. President, it permit a slmple majority to change the rules is certainly not the same when one com­ Mr. McGOVERN. I yield. as each new congress takes oIDce. pares a small State, more or less homo­ Mr. HOLLAND. Mr. President, I wish geneous, with an enormous federation. to make a few brief remarks that pertain Mr. McGOVERN. Could I interrupt Certainly it would be most unusual if not only to what was said by the dis­ the Senator to say that he does not deny, the rules were the same. It is Incredible tinguished Senator from Pennsylvania, does he, that the Senate has the right to to me that the Senator would think on but also to what was said a few minutes change its rules by majority vote? this matter that we should have the ago by the distinguished Senator from Mr. HOLLAND. But only under the same rules in the U.S. Senate as the Georgia; and likewise to remarks made rules· of .the senate which provide that State of Delaware, the State of Penn­ by the distinguished junior Senator from certaIn procedures have to be gone sylvania, or the State of Arkansas. They Arkansas. through with before that issue can come have an entirely different function to It appears to me that every Senator is to a head, just as is the case with any play. They have completely different a student of politics and political history. other blll, resolution, or joint resolution functions. We have to reconcile the I believe that every Senator knows which maycoine before the Senate. purpose of this body. One of its main there is such a thing as majority rule. Mr. Mc(J(.)VERN. The ,editorial functions is to reconcile the differences I have run for office occasionally for seemed to skip that one step there. among the States the Senator is talking nearly 50 years, and each time I have Mr. HOLLAND. The editorial is op­ about. This is an enormous federation. known that when a majority vote was posing the very thing which the distin­ Mr. CLARK. I have forgotten the counted, that was the answer to be ac­ .guished.Senator-if I maYiSaySO, and provocative adjective. cepted by everyone. But the question this is. ~i,d wltJ:1 great res~ct-w:as try- January 19, 1967 CONGRESSIONAL RECORD - SENATE 1015 ing to do yesterday, to establish, as a The Senator from Florida has voted for so. I ask that the editorial quoted by precedent of the Senate, that a majority cloture on two occasions. the Senator from Florida [Mr. HOLLAND] of the Senate could at the beginning of Mr. McGOVERN. I appreciate that, be printed at the same point in the each Congress, by majority action, even and I am sure that the Senator will do RECORD. if that majority was only one, change so again. The PRESIDING OFFICER. With­ rule XXII, or any other rule, or all rules, Mr. HOLLAND. I have voted for clo­ out objection, it is so ordered. or add new rules of the Senate. ture on two occasions. However, on vital (See exhibit U Mr. McGOVERN. That is correct. matters involving the Senator from Flo­ Mr. HOLLAND. Mr. President, will Mr. HOLLAND. Am I correct? rida and his State, it is when those vital the Senator yield briefly? Mr. McGOVERN. Yes; the Senator is issues come up that this rule is of maxi­ Mr. McGOVERN. I yield. correct. It was a precedent narrowly mum importance. Mr. HOLLAND. This illustrates the limited to the right of the Senate at the I think that the Senator. with all re­ fact that just as there is a difference in beginning of a new Congress either to spect for his deep convictions, has the Senate, so there is a difference among change or to add new rules, just as the brought over here-if I may say so with honorable people outside the Senate. flrst Congress of the United States and a twinkle in my eye-some of the tradi­ The Senator from Florida is happy to the flrst Senate had that authority in tions of the other body in which he again state that apparently the great 1789. served so long and so honorably and majority of the Senate stUl think that Mr. HOLLAND. I thought I under­ with such effectiveness. I have noted, the cloture rule is a bulwark against mere stood the position of the Senator yes­ in my limited stay in the Senate-- and I majority rule, which sometimes is tyran­ terday, and I think I have correctly am now in my 21st year-that several nical. and he hopes rule XXII wlll not stated it. The Senator has indicated distinguished Members of the House be seriously disturbed. In spite of the that I have. have come to us from the other body fact that it is attacked by some highly Mr. McGOVERN. The Senator knows and they have come with that feeling; honorable Senators and highly honor­ that what I was trying to get at was an but up to now, my observations have able people outside, the Senator from opportunity for the Senate to exercise its been that generally they have lost that Florida does not think they represent will on the proposal by the Senator from feeling shortly and have come to the the majority vIew of the country or that Kentucky [Mr. MORTON] and myself conclusion-which the Senator from the proposed change is in the Interest which would have called for three-flfths Florida reached a long while ago, and and welfare of the country. That state­ of the Senators to terminate debate which he hopes the distinguished Sena­ ment does not refiect against those who henceforth. tor from South Dakota will reach in the believe in majority rule. Mr. HOLLAND. Yes, but the Senator near future-that the Senate is the bul­ Mr. JAVITS. Mr. President, wlll the proposed it with a device by which a wark against simple and tyrannical ma­ Senator yield? simple majority could bring on that is­ jority rule. I hope it will always remain Mr. McGOVERN. I yield. sue, so that it could be acted upon by a so. Mr. JAVITS. Mr. President, I do not simple majority; and so he was in effect I thank the distinguished Senator believe in looking back, but in looking propOsing majority rule. from South Dakota for yielding to me. ahead. We got a licking here yesterday. In all respects, we were the constitu­ The whole effect of the editorial, and Mr. McGOVERN. I thank the Sena­ tor for his remarks. tionalIsts, and not our opponents, who the statements and convictions of many pleaded only for the right of veto power scholars of history and of pOlitics, hap­ Mr. JAVITS. Mr. President, will the over legislation, which is directly con­ pen to run counter to the very respected Senator from South Dakota yield? trary to constitutional authority. pOsition of the Senator from South Da­ Mr. McGOVERN. Before I yield to They won yesterday. It is my opinion kota-and I respect his convictions- the Senator from New York, inasmuch that this is a victory that wlll last for a Mr. McGOVERN. I appreciate that. as the Senator from Florida has quoted long time, because it was the first time Mr. HOLLAND. Next, I quote from one of the great newspapers of Wash­ since I have been in the Senate, since the editorial in its closing part-and ington, the Evening Star, I would like 1957, that it was decided on constitu­ again I make the whole editorial avail­ to point out that one of the other great tional grounds. able: newspapers in this city, the Washington It was implied, however, that the form And the minority leader, Senator Dirksen, Post, describes the proposals made by of the rule would be alleviated, and both has said that If majority vote Is established the Senator from Kentucky [Mr. MOR­ the majority and the minority leaders the Senate rules "won't be worth 40 cents." TON] and I, and the proposal offered by are on the cloture motion. So I hope . OUr sentiments exactly. The Senate rules the Senator from New Hampshire [Mr. many of my colleagues who were very have served the country well over the years, COTTON], the Senator from New York worried about their votes yesterday­ and it would be a mistake to tear them up [Mr. JAVITS], and other Senators. I now. whether they had reason to be or not is am quoting now from the Washington questionable--will come forward and let Mr. President, the point of my state­ Post editorial of January 13, 1967, en­ us do what those who argued against us ment here is to make it clear that there titled "Fighting the Filibuster": said we could do if there was sufficient are those in the Senate who have shown The most striking aspect of the anti-fil1­ demand for it. When 31 Senators sign that more than a majority constitute the buster fight in the Senate Is the extreme a cloture motion, that Is the beginning number who are against majority rule in conservatism of the reforms offered. Sen­ of a very good demand. Let us hold them certain fields. as was attempted yester­ ators McGovern and Morton are asking only that the number of Senators reqUired to end to the promise that they have given; day. and we are supported by the edito­ debate be reduced from two-thirds to three­ namely, that if a group of Senators really rialist of the Evening Star-and no one fifths, or if all were present, from 67 to 60. want something done--always more than has claimed that to be an ultraconserva­ Senators Kuchel and Clark would permit a majority-they can always get it done. tive paper-we are supported by other debate to be ended by a constitutional ma­ It will be very interesting to see what distinguished gentlemen and students of jority (51) regardless of how many members happens Tuesday. Let us see how it will government whom I have mentioned, and might be present and voting. And this cut­ work. many others whom I have not mentioned. off could be invoked only after discussion I want to pay tribute to the Senator I personally am proud and happy over of the Issue had been in progress for 20 days or more. from South Dakota for his action on this the result of the vote yesterday, because issue. I have tried it for years. It gets it showed-- The editor then pleads for a much more to be a pretty cold Chamber sometimes Mr. McGOVERN. I assumed that was liberal reform of the Senate rules. when one must advocate a principle or the case. [:Laughter.] I ask that the editorial, together with a doctrine that he believes is essential Mr. HOLLAND. I thank the Senator three or four others of like nature, from to the freedom of our Nation and its from South Dakota. It showed that a and New York traditions. The Senator has comported sizable mr.jority of the Senate stlll be­ Times, be printed in the RECORD at the himself with full credit and in the high­ lieves that the Senate is a bulwark conclusion of my remarks. est traditions of this great body. against the application of simple major­ Mr. HOLLAND. Mr. President, I have Mr. McGOVERN. I thank the Sena­ ity rule on the most vital questions. The no objectIon, but I hope that the Sen­ tor. When I came into the Chamber on Senator knows, of course, that the Sen­ ator wlll ask that the complete editorial the opening day. I had no intention of ator from Florida is not one of those who from which I read be inclUded. having a major role in the rules fight. refuse to vote for cloture on all occasions. Mr. McGOVERN. I will be glad to do but because the senator from New Mex- 1016 CONGRESSIONAL RECORD-.SENATE Janu(1ry19,1967 ico [Mr.·ANDERSON] did not feel he had buster on occasion, but his mature judg­ the 1st of March and it ended on the the extra energy and strength to carry ment was that a majority of the Senate 4th of March, when the Senate ad­ on the fight for a three-fifths rule in should have the right to terminate journed, and actually lasted only 3Y2 addition to all his other duties, he cast debate after a reasonable discussion. days. around for one who conscientiously be­ I notice in the press that there may President Wilson had submitted that lieved in a three-fifths rule-not in the be a change in one of the rules in college request to Congress at a joint session on majority rule, but only in a three-fifths football so that a lineman cannot move February 26, and after just 2 days of dis­ rule, as a practical compromise-and I down on a player receiving a punt until cussion, the House passed the measure happened to be one who fell under his the ball is kicked. I personally think on March 1, and the Senate began its eye. that rule would be a mistake. Itis going consideration at that time. I think the Mr. JAVITS. We are lucky that the to change the proportionate power of the Senate debate actually began, formally, Senator did. offense in football. Nevertheless, if that on March 2, and on March 4, the third Mr. McGOVERN. I thank the Sena­ rule is adopted, everybody will observe day later, the Senate adjourned. That tor for his past efforts and his present it and play under the rules. So no one was the end of this so-called filibuster efforts in this area. can blame Senator Norris for using the that is so often associated with Sen­ Mr. President, I am sorry that the Sen­ filibuster rule while he was here. But ator Norris and SenatorLa Follette. ator from Arkansas [Mr. FuLBRIGHT] and let us see what he had to say about it. I personally think, in retrospect, that the Senator from Georgia [Mr. RUSSELL] Let us see what his mature convictions this was so grave a matter that the re­ left the Chamber. Before the Senator were on that concept. In his autobiog­ quest of President Wilson for authority from Arkansas [Mr. FULBRIGHT] left, he raphy, which he wrote after he left the in advance to, in effect, wage limited cited George Norris, and some of the Senate, shortly before he died, he said, naval war should have been debated for other great figures in the Senate who are at page 175-and remember, this is the at least 3 days. No one could properly ordinarily associated with liberalism, as Senator who is cited by our distinguished conceive of this as an unreasonable use of very strong defenders of the filibuster; colleague as one of the advocates of the the Senate's powers. Indeed, I regret of complete and unlimited debate. filibuster rule: that many times the Senate does not Senators may recall that just a week Fllibusters often have been a national dis­ deliberate long enough on serious mat­ ago, in his opening statement, the Sen­ grace. The filibuster is a legislative weapon ters. ator from Georgia [Mr. RUSSELL] has to be employed sparingly, if at all. We rush through enormoUS military this to say, and I am reading from the Continuing: appropriations that embrace half the en­ RECORD of January 12: tire Federal budget with only a few min­ I have sat in this Chamber with men who Fillbustering is made possible under the rules of the Senate and not under any law. utes or at best a few hours of•sporadic were real llberals. They did not have to get It could be prevented largely by a simple debate. Usually, thoseappropliations a big badge and write on it, "I am a llberal," are not challenged at all. Yet, they in­ and run around the country saying, "I am a reform; but the jealous pride With which the Senate guards its tradition of open, un­ volve expenditures of $50 billion, $60 bil­ liberal. Look at it. Here is my badge." Umited debate makes the adoption of the lion, and perhaps this year, $75 billion Then the Senator from Georgia men­ rule diffiCUlt, if not impossible; and this, to of the taxpayers' money. They indi­ tioned names like William Borah, George m