January 28, 1969 CONGRESSIONAL RECORD- SENATE 19'.31 SENAT.E-Tuesday, January 28, 1969 (Legislative day of Friday, January 10, 1969) The Senate met at 12 o'clock meridian, The bill clerk proceeded to call the of representative government is the bal­ on the expiration of the recess, and was roll. ance of pawer between the three major called to order by the Vice President. Mr. MANSFIELD. Mr. President, I ask branches of the Federal Government: The Chaplain, the Reverend Edward unanimous consent that the order for the the legislative, to make laws; the ex­ L. R. Elson, D.D., offered the following quorum call be rescinded. ecutive, to administer them; and the prayer: The VICE PRESIDENT. Without ob­ judiciary, to test them against the great Eternal Father, whose love never fails jection, it is so ordered. framework of the Nation. and whose strength is sufficient for all Now patience and principle are being our needs, wilt Thou subdue all other tested by new demands on this balance. promptings that in this reverent moment AMENDMENT OF RULE XXII Congresses are criticized when they re­ sist Executive programs, not so much we may know only the prompting of Thy The VICE PRESIDENT. The Chair spirit. Speak to each of us that we may on the basis of why they resist but sim­ lays before the Senate the motion to pro­ ply because they resist. The judiciary is know Thee and gain strength to walk ceed to the consideration of Senate Reso­ and work with Thee this day. Equip our caught in a b.oiling debate about wheth­ lution 11, which the clerk will state. er it should judge the constitutionality hearts and minds and hands that we may The BILL CLERK. A motion by the Sen­ strive to heal the wounded in spirit; to ator from Michigan (Mr. HART) to pro­ of laws or whether it should also inter­ bind up the broken brotherhood; to close pret them for maximum social benefit. ceed to consider Senate Resolution 11, to States are criticized for their differences the chasm which separates man from amend rule XXII of the Standing Rules man, party from party, race from race. of the Senate. in approach or standards or wealth May we be forged into one mighty people The VICE PRESIDENT. Without ob­ whereas they once were felt to be in­ "strong in the Lord and in the power of jection, the Senate will resume the con­ violate basically to preserve the .oppar­ His might," for it is in His name that sideration of the motion to proceed to the tunity for regional and cultural differ­ we pray. Amen. consideration of the resolution. ences. Big cities, emerging as city states Mr. MANSFIELD. Mr. President, pend­ rather than as State units, look past the State capitol to the National Capitol for THE JOURNAL ing the arrival of the distinguished Sen­ ator from Idaho <Mr. CHURCH) , I yield the solution of their problems. Federal Mr. MANSFIELD. Mr. President, I ask control of my time to the distinguished regulations of trade practices has m.oved unanimous consent that the Journal of Senator from Kansas (Mr. PEARSON). from the protective-which prohibits the proceedings of Monday, January 27, Mr. PEARSON. Mr. President, I yield roalpractices--toward the coercive-­ 1969, be approved. 5 minutes to the distinguished Senator which demands conformance with prac­ The VICE PRESIDENT. Without ob­ from Arizona. tices decided administratively. jection, it is so ordered. Mr. GOLDWATER. Mr. President, I Mr. President, we are told that the should like to say a few words about the United States is larger and more popu­ present attempt to change rule XXII. I lous than when the federal system of TRANSACTION OF ROUTINE representative government was devel­ MORNING BUSINESS consider rule XXII to be one of the es­ sential underpinnings of the Republic, oped. We are told that .old ways are not Mr. MANSFIELD. Mr. President, I ask as well as a necessary instrument for the adequate and that old balances are not unanimous consent that shortly after the d~fense of minority rights and a vital meaningful. Now does this mean that conclusion of the vote on the pending safeguard against the tyranny of an ar­ there is a population limit on liberty? motion there be a period for the transac­ rogant majority. At the outset, let me Does it mean that when 100 million peo­ tion of routine morning business, with say that I am unalterably opposed to the ple live together they can maintain free statements therein limited to 3 minutes. current efforts to change this rule. I do marketi, and free and balanced institu­ The VICE PRESIDENT. Without ob­ not believe any change is either desirable tions but that when 200 million people jection, it is so ordered. or necessary. I do not believe this is any live together they must delegate their time to tamper with the fundamental local institutions to central authority? At the root of it, there is no other ex­ ORDER FOR RECESS concepts upan which our legislative proc­ ess was based by the Founding Fathers. planation advanced for the movement Mr. MANSFIELD. Mr. President, I ask And I certainly do not believe the pro­ today away from the federal system of unanimous consent that when the Sen­ ponents of the movement for change balanced powers toward an executive ate completes its business today, it stand have made a case worthy of considera­ system of concentrated powers. in recess until 12 o'clock noon tomorrow. tion. The VICE PRESIDENT. The time of The VICE PRESIDENT. Without ob­ Mr. President, we are talking here the Senator has expired. jection, it is so ordered. about a rule deeply embedded in the Mr. GOLDWATER. Mr. President, process which has brought representative will the distinguished Senator from government in this world to its fullest Kansas yield to me for 3 additional UNANIMOUS-CONSENT AGREEMENT flower of effectiveness and performance. minutes? Mr. MANSFIELD. Mr. President, I ask We are talking here about a rule which Mr. PEARSON. I yield 3 minutes to unanimous consent that a full hour be enables the Congress to be representative the Senator from Arizona. allocated to the pending motion; that the of all the people-not just of simple The VICE PRESIDENT. The Senator time for the quorum call, which the dis­ majorities. We are talking about some­ from Arizona is recognized for 3 addi­ tinguished minority lea-der and I shall thing fundamental to our way of life and tional minutes. suggest, will not be taken out of that to the assurance that our way will not be Mr. GOLDWATER. Mr. President, time; and that the time under the hour changed by a simple majority of legis­ when we hear loud demands today for limitation be equally divided between the lators bowing to the wishes of a willful streamlining the procedures of Con­ distinguished minority leader and the Executive. This is not something that gress, for the elimination of traditional Senator from Montana, or whomever wears out with the passage of time, like safeguards, for doing away with checks they may designate. an old car or an outmoded coat. This is and balances which were devised some The VICE PRESIDENT. Without ob­ a rule governing the actions of men; and years ago-when we hear these argu­ jection, it is so ordered. it is as applicable now as it was in the ments, we are hearing arguments for Mr. MANSFIELD. Mr. President, I very beginning. Indeed, its application further enhancement of Executive suggest the absence of a quorum. in a republic is as durable as the un­ power. We are hearing the voices of The VICE PRESIDENT. The clerk will changing nature of man itself. those who believe an all-powerful cen­ call the roll. Mr. President, basic in the equation tral government is the beiinning and CXV--123-Part 2 1932 CONGRESSIONAL RECORD- SENATE January 28, 1969 end of an all-efficient government in, First, the change desired in rule XXII be adversely affected if it is amended. as the saying goes, "these changing does bear upon the federal system of I urge that the amendment be defeated. times." Mr. President, these are chang­ compromise which made this great Re­ The VICE PRESIDENT. The time of ing times. We have been living in chang­ public possible and which is reflected in the Senator from Nebraska has expired. ing times ever since the Republic was equal representation of each State in Mr. CHURCH. Mr. President, I ani founded. We are always living in chang­ this Chamber. The necessity still exists happy to yield whatever time the Senator ing times. And I am not against change. for continued existence of that compro­ from Pennsylvania may desire. I believe there is always a need to search mise. The day is not over when the battle Mr. SCOTT. Four minutes. out better methods and new devices-­ between large and small States will make The VICE PRESIDENT. The Senator in government as well as in our private its appearance. Of course, the amend­ from Pennsylvania is recognized for 4 lives and our private economy. But I ment to rule XXII would result in an ero­ minutes. am against changing the tried and sion of that compromise and erosion of Mr. SCOTT. Mr. President, I think it proven process of representative govern­ the federal system. It involves checks and was our first President, George Wash­ ment merely to gratify somebody's de­ balances. It involves the protection of ington, who, being asked by one of his sire to change for the mere sake of minority rights.