91St Cong., 1St Sess., Congressional Record
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UNITED STATES OF AMERICA «.tongressiona( Record PROCEEDINGS AND DEBATES OF THE 9 I st CONGRESS FIRST SESSION VOLUME lIS-PART I JANUARY 3, 1969, TO JANUARY 21, 1969 (PAGES 3 TO 1380) UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON, 1969 January fO,196f! CONGRESSIONAL RECORD- SENATE 419 The BILL CLERK; A resolution (S. Res. by the distinguished senior Senator from Energy, and presently chairman ?f the 11) to amend rule XXII of the standing Kansas (Mr. PEARSON) and myself, along Senate Aeronautical and Space SCIences Rules of the Senate. with 35 other cosponsors from both sides Committee. The Senator from Idaho obtained the of the aisle, retains all of the present HUBERT HUMPHREY, a former Senator floor. language of Senate rule XXII relating from Minnesota, at one time assistant Mr. HOLLAND. Mr. President, will the to the termination of debate, except that majority leader of the Senate, and now Senator .yield for a unanimous-consent it changes from two-thirds to three Vice President of the United States. request? fifths the number of Senators present Senator MIKE MANSFIELD, now the ma Mr. CHURCH. I yield. and voting required to limit debate by jority leader of the Senate, who com PRIVILEGE OJ' THE FLOOR invoking cloture. mands the universal respect of Members Mr. HOLLAND. Mr. President, I ask This amendment would, in my judg on both sides of the aisle. ment, bring about a distinct improve The late John F. Kennedy, then a unanimous consent that during the de Senator from Massachusetts, and after bate about to begin now relative to rule ment in Senate procedure. Moreover, it is offered on the strength of the con ward President of the United States. XXII I may be allowed to have with me Senator WARREN G. MAGNUSON,who on thefloor of the Senate my legislative stitutional principle that a new Congress has the right, at the time of its com later became chairman of the Commerce . assistant, Mr. Thomas A. Young. Committee, over which he still presides. The PRESIDING OFFICER. Without mencement, to decide the rules under which it wishes to operate. Senator JOHN PASTORE, who now serves objection, it is so ordered. with such distinction, in alternate years, Mr. CHURCH. Mr. President, without Mr. HOLLAND. Mr. President, will the losing my right to the floor, I suggest Senator from Idaho yield? as chairman of the Joint Committee on Mr. CHURCH. I would be glad to yield Atomic Energy, and who delivered that the absence of a quorum. stirring keynote address at the 1964 The PRESIDING OFFICER. Without to the distinguished Senator, but I would objection, it is so ordered. The clerk will prefer to complete my argument and Democratic National Convention. call the roll. then yield, unless the Senator has some Senator HENRY M. JACKSON, who now pressing reason to ask me to yield at this serves as chairman of the Committee on The legislative clerk proceeded to call Interior and Insular Affairs, and was the roll. time. formerly national chairman of the Mr. CHURCH. Mr. President, I ask Mr. HOLLAND. I gladly accept the Democratic Party. unanimous consent that the order for Senator's explanation and will ask my Wayne Morse, former Senator from the quorum call be rescinded. questions later. Oregon, widely recognized as a brilliant The PRESIDING OFFICER. Without Mr. CHURCH. Mr. President, my pur and respected constitutional lawyer, and objection, it is so ordered. pose in sponsoring this amendment is former law school dean. Mr. CHURCH. Mr. President, yester the same as that expressed, 2 years ago, Paul Douglas, former senator from daY, when the pending resolution was by the distinguished junior Senator from Illinois, who served as the able chairman submitted, a number of cosponsors joined South Dakota (Mr. MCGOVERN) when he of the Joint Economic Committee, whom in submitting it, but their names were introduced a similar resolution at the we would all acknowledge as one of the not listed in the CONGRESSIONAL RECORD commencement of the 90th Congress. It finest minds to grace the senate in re of yesterday. stems from my conviction that a modi cent years. Accordingly, I ask unanimous consent flcation of the filibuster rule would en:' The late Senator James E. Murray of that the names of the cosponsors of the able the U.S. Senate to discharge its Montana, who was chairman of the In resolution appear here in the RECORD. responsibility to the American people in terior and Insular Affairs Committee There being no objection, the list was a more democratic and expeditious when I first entered the Senate. ordered to be printed in the RECORD, as manner. The late Senator Theodore Green, who follows: This represents the eighth attempt in became chairman of the Senate Com SPONSORS OJ' SENATE RESOLUTION 11 16 years to change the filibuster rule and mittee on Foreign Relations. Mr. Church. to enforce the proposition that the Sen The late Senator Herbert Lehman, Mr. Pearson. ate, at the outset of a new Congress, can who served as Governor of New York Mr. Anderson. by majority vote, work its will on the State, and was Administrator of the Mr. Bayh. rules under which it chooses to operate. Mr. Burdick. UNRRA program, which helped to re Mr. Cranston. Although the constitutional validity of build Western Europe after World Mr. Dominick. this proposition would seem self-appar War II. Mr. Eagleton. ent, we have yet to accomplish the goal. The list also included such distin Mr. Harris. The struggle began in 1953, when 19 guished former Senators, both Demo Mr. Hart. Senators, led by the distinguished senior crats and Republicans, as Matthew Mr. Hartke. Senator from New Mexico (Mr. ANDER Mr. Hughes. Neely, Harley Kilgore, Lester Hunt, Mr. Jackson. SON) sought to achieve a change in the Charles Tobey, Irving M. Ives, Robert C. Mr. Kennedy. filibuster rule. Hendrickson, and James H. Duff. Mr. Magnuson. I wish the Senator from New Mexico Some of these Senators were from Mr. McGovern. were sti11leading the fight to obtain the populous states, some were not; some Mr. McIntyre. three-fifths rule, because he is, in fact, were from the East, some from the West; lYrr. Mondale. the originator and constant champion of but all had in common, as is true of the Mr. Moss. this proposal. His heavy responsibilities Mr. Nelson. Senators now identified with the present Mr. Pastore. have required him to tum his energy effort, the need to affirm the constitu Mr. Proxmire. and attention to other matters, but he is tional principle that the membership of Mr. Randoiph. first entitled to claim the generalship of the Senate, acting by a majority vote at Mr. Ribicolf. this effort. the outset of a new Congress, possesses Mr. Williams of New Jersey. When he initiated the struggle to the power to set its own procedural house Mr. Yarborough. modify the filibuster rule, on January 3, in order, unrestricted by any limitations Mr. Young ot Ohio. 1953, 18 other Senators joined him in an Mr. Muskie. established or observed in previous years. Mr. Brooke. attempt to assert the right of a majority I think we are indebted to the fore Mr. Case. in the Senate to adopt new or different sight of the 19 men who began this fight Mr. Fong. rules. 16 years ago. When I entered the Senate, Mr. Hatfieid. That list of 19 Senators, who led off in January of 1957, I cast my lot with Mr. Javits. this historic effort to unfetter a new them. Since that time, I have seen our :r.rr. Scott. Senate of procedural restrictions imposed numbers grow, and I hope that this M1'. Allott. by old rules, inclUding the following dis Mr. Goodell. might be the year when a majority. of Mr. Percy. tinguished Members of this body: Senators will prove themselves willing Senator CLINTON ANDERSON, a former to assert their constitutional right. Mr. CHURCH. Mr. President, the reso Cabinet member, a former chairman of However, I would not want to proceed lution which will later be motioned up the Interior and Insular Affairs Commit further without giving special credit to for consideration, submitted yesterday tee, the Joint Committee on Atomic the distinguIshed junior Senatortrom 420 CONGRESSIONAL RECORD - SENATE January 10, 1969 South Dakota (Mr. MCGOVERN) and the In such instances, the good reputation If this "clout" is what we seek to pre former Senator from Kentucky. Mr. of the Senate itself has been called into serve, the adoption of a three-fifths rule Morton. for their leadership, 2 years ago, question. Radio, television, and press in will affect it hardly at all. The difficulty at the commencement of the 90th Con form the world that the Upper House of of securing a 60-percent vote for cloture gress. in advocating the adoption of the the Congress of the United States lies should prove sufficient, in nearly every three-fifths rule. Mr. Morton is no longer paralyzed by its own procedures and left case, to keep the practice intact. with us, and Mr. MCGOVERN is unable, unable to act. So I reject, as baseless, the argument owing to the heavy pressure of special Mr. President, in urging the adoption that any liberalization of rule XXII committee duties, to perform the same of a three-fifths rule, I am not unmindful might somehow jeopardize the sparsely role again this year. For this reason of the importance we should attach to populated States. I treasure the interests and this reason alone-I have under safeguarding the privilege of extended of my own State and try my best to rep taken. in the welcome company of my debate.