E630 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 1999 of optimism and pessimism.'' Leon You can become an exemplar of fairness because of Brown v. Board of Education and Higginbotham knew and understood the ter- and the rational interpretation of the Con- who stood in the way of almost every meas- rible history of racial discrimination in the jus- stitution, or you can become an archetype of ure ensure gender and racial advancement. inequality and the retrogressive evaluation Of the fifty-two Senators who vote in favor tice system. He knew that this history could of human rights. The choice as to whether of your confirmation some thirteen hailed never be forgotten if black Americans ever you will build a decisional record of true from nine Southern states. Some may have hope to achieve . For greatness or of mere mediocrity is yours. voted for you because they agreed with this reason, Judge Higginbotham shared my Black Ivy League alumni [Higginbotham President Bush’s assessment that you were dismay when former President George Bush and Thomas finished Yale] in particular ‘‘the best person for the position.’’ But, can- presented as his choice to should never be too impressed by the edu- didly, Justice Thomas, I do not believe that replace justice as Asso- cational pedigrees of Supreme Court Jus- you were indeed the most competent person ciate Supreme Court Justice. On that day, tices. The most wretched decision ever ren- to be on the Supreme Court. Charles Bowser, dered against black people in the past cen- a distinguished African-American Philadel- independent-minded women were appalled, tury was Plessy v. Ferguson. It was written phia lawyer said: ‘‘I’d be willing to bet that knowledgeable black Americans were out- in 1896 by Justice who not one of the Senators who voted to confirm raged and advocates for the poor abandoned attended both Yale and Harvard law schools. Clarence Thomas would hire him as their their hopes. Then, the disastrous day came The opinion was joined by Justice George lawyer.’’ when the U.S. Senate confirmed Clarence Shiras, a graduate of , as Later, Judge Higginbotham questioned the Thomas' appointment and the waves of de- well as by Chief Justice and decision of the Judicial Council of the National spair washed over millions who had fought, Justice , both alumni of Harvard Bar Association which had invited Supreme sacrificed, and suffered to overcome centuries Law School. If those four Ivy League alumni on the Su- Court Justice Clarence Thomas to address its of discrimination and to achieve respect and preme Court in 1896 had been as faithful in annual convention. In that letter, which ap- quality. In Black America, six months after their interpretation of the Constitution as peared in the September 1988 edition of Thomas' appointment the attitude and senti- Justice John Harlan, a graduate of Transyl- Emerge magazine, Higginbotham explained ment toward him as a person was reflected in vania, a small law school in Kentucky, then why he was ``shocked'' to learn of Thomas' in- the words of Judge Higginbotham who wrote: the venal precedent of Plessy v. Ferguson, vitation: Suppose someone wanted to steal back which established the federal ‘‘separate but I will not take a position as to whether he past achievements, reign in the present gains equal’’ doctrine and legitimized the worst should be disinvited, and leave that signifi- and cutoff future expectations among Afri- forms of race discrimination, would not have cant responsibility to the judgment of the can-Americans about participation in the been the law of our nation for sixty years. Executive Committee. I am not one who be- Judicial process. that person would have The separate but equal doctrine; also known lieves there is, or should be, a monolithic found it difficult to devise a better plan than as Jim Crow, created the foundations of sep- view within the African-American commu- nominating Clarence Thomas to the Su- arate and unequal allocation of resources, nity on all issues; but, I do think there are preme Court which decreasing the number of and oppression of the human rights of certain undisputable common denominators African-Americans on the federal bench. blacks. as to what constitutes progress or regress. Mr. Speaker. Judge Higginbotham was de- The tragedy with Plessy v. Ferguson is not Within that context and from the perspec- voted to educating this nation about the perils that the Justices had the ‘‘wrong’’ edu- tive of almost every constitutional law cation, or that they attended the ‘‘wrong’’ of one black man, Clarence Thomas, being scholar, there is no doubt that Justice law schools. The tragedy is that the Justices Thomas had done more to turn back the misconstrued as a respectable replacement had the wrong values, and that these values clock of racial progress than has perhaps any for Thurgood Marshall who was a bonafide poisoned this society for decades. other African-American public official in the representative of the hopes, dreams and aspi- I have read almost every article you have history of this country. published, every speech you have given, and rations of black Americans. In this under- Higginbotham continued, mentioning those taking, Judge Leon Higginbotham wrote to virtually every public comment you have made during the past decade. Until your con- ruling in which Thomas overlooked history to Clarence Thomas upon His confirmation to the undermine the progress of black Americans in Supreme Court. Higginbotham documented firmation hearing, I could not find one shred of evidence suggesting an insightful under- the civil rights struggle and wrote: the legal struggles that had abolished impedi- standing on your part on how the evolution- In view of his harsh conservative record, ments to the freedom of black people and ary movement of the Constitution and the please explain to me why you invited Justice enunciated the underlying personal values and work of civil rights organizations have bene- Thomas, who has voted consistently against courage which guided those who led these fited you. . . . the interest of African Americans, minori- battles. In this letter, Higginbotham challenged While you were a presidential appointee ties and women. Thomas to recall, to understand and to emu- for eight years, as Chairman of the Equal Mr. Speaker, a few years ago, Judge Employment Opportunity Commission and late the lives of those great gladiators who Higginbotham underwent open heart surgery. changed the course of history. In this open let- as an Assistant Secretary at the Department of Education, you made what I would regard After his recovery he wrote to his many friends ter, Higginbotham cited the damage done to as unwarranted criticisms of civil rights or- thanking them for their expressions of concern the cause of black America and the crisis in ganizations of the , and even of and prayers. In his note, the judge quoted race relations spurred by Judge Thomas' con- Justice Thurgood Marshall. Perhaps these what a renown heart specialist had said: firmation. Excerpts from this letter provide the criticisms were motivated by what you per- During the last twenty years, I have talked details of his message: ceived to be your political duty to the to many dying patients. I have never met At first I thought that I should write you Reagan and Bush administrations. Now that one who wished that s/he had spent more privately—the way one normally corresponds you have assumed what should be the non- time at the office, but I have met thousands with a colleague or friend. I still feel ambiv- partisan role of a Supreme Court Justice, I who regretted that they did not spend more alent about making this letter public, but I hope you will take time out to carefully time enjoying their family and pursuing less do so because your appointment is pro- evaluate some these unjustified attacks. stressful options. foundly important to this country and the But your comments troubled me then and trouble me still because they convey a stunt- Judge Higginbotham did reduce his volumi- world, and because all Americans need to un- nous schedule of activities, but fortunately he derstand the issues you will face on the Su- ed knowledge of history and an unformed ju- preme Court. In short, Justice Thomas, I dicial philosophy. . . . You are no longer remained a powerful voice which helped to write this letter as a public record so that privileged to offer flashy one-liners to de- shape attitudes and influence opinions about this generation can understand the chal- light the conservative establishment. Now race and racism in this country. His contribu- lenges you face as an Associate Justice to what you write must inform, not entertain. tions to the civil rights movement will be for- the Supreme Court, and the next generation Now your statements and your votes can ever cherished. can evaluate the choices you have made or shape the destiny of the entire nation. f will make. . . During the last ten years, you have often By elevating you to the Supreme Court, described yourself as a black conservative. I THE CORRECT APPROACH TO President Bush has suddenly vested in you must confess that, other than their own self- GLOBALIZATION the option to preserve or dilute the gains advancement, I am at a loss to understand this country has made in the struggle for what is it that the so-called black conserv- equality. This is a grave responsibility in- atives are so anxious to conserve. Now that HON. BARNEY FRANK deed. . . . And while much has been said you no longer have to be outspoken on their OF about your admirable determination to over- behalf, perhaps you will recognize that in the IN THE HOUSE OF REPRESENTATIVES come terrible obstacles, it is also important past it was the white ‘‘conservatives’’ who Tuesday, April 13, 1999 to remember how you arrived where you are screamed ‘‘Segregation now, Segregation now, because you did not get there by your- forever!’’ It was primarily the conservative Mr. FRANK of Massachusetts. Mr. Speaker, self. who attacked the Warren Court relentlessly no issue facing us is more important than how CONGRESSIONAL RECORD — Extensions of Remarks E631 we respond to the question of adapting to the crisis; it is the cause of it. After two decades, consumers—workers who capture a fair share new global economy. Until fairly recently, the the results are very clear. The global casino of the profits that they produce. The strug- accepted wisdom was that all governments of capital and currency speculation has gen- gle to do just that is taking place in offices erated booms and busts of increasing sever- and shop floors across the world. As Presi- had to do was to allow capital to find its most ity and frequency, as World Bank economist dent Clinton has said, global rules are cru- profitable niche, and we would all reap the Joseph Stiglitz has warned. And it has pro- cial if we are to keep the global market from benefits. Increasingly people understand that duced slower growth and greater inequality becoming a race to the bottom. this is an incomplete approach to governance in countries large and small, developed and Finally, this debate can no longer be con- and an inadequate response to the social eco- developing—as governments scramble to pro- tained in closed rooms in luxurious hotels. It nomic and political problems posed by the tect themselves from the global storms. is already being waged on the streets, the new global economy. In the interest of fos- In its current form, globalization cannot shop floors and the computer screens across be sustained. Democratic societies will not tering discussion of this important set of the world. As the cloistered negotiators of support it. Authoritarian leaders will fear to the Multilateral Agreement on Investment issues, I ask unanimous consent to insert into impose it. The so-called Washington con- discovered, trade and investment agreements the RECORD at this point three commentaries sensus is no longer the consensus even in must gain public support if they are to go on this issue which while diverse in the per- Washington. forward at all. Open covenants, openly ar- spective from which they are made, share a Over the last year and one-half, workers, rived at is not simply a slogan—it is a grow- common understanding of the general direc- environmentalists, consumers—reflecting ing reality. the opinion of the vast majority of Ameri- We are entering a new era. We will either tion in which we should be going, and are also cans—came together to block the president’s distinguished by a strong intelligence. build a new internationalism that empowers request for fast track trade authority not workers, protects consumers and the envi- First, I insert a speech given by John once, but twice. ronment, and fosters sustainable growth—or Sweeney, President of the AFL±CIO, at We insisted that enforceable worker rights we will witness a harsh reaction as desperate Davos. John Sweeney's thoughtful leadership and environmental protections be central to peoples demand protection. in trying to find a way to reconcile the any new round of trade negotiations. I urge of all you to join us in our effort to strengths of the market with policies that offset And we were right. Now US Treasury Sec- bend the forces of globalization so they help retary Robert Rubin calls for a new ‘‘archi- workers everywhere build a better future. the negative effects of a pure market ap- tecture’’ to limit instability. President Clin- proach is a genuine asset for the United ton pushes new initiatives on child labor, on MR. MARX, MEET MR. FRIEDMAN States in our efforts to deal with this matter. core labor rights, and on the environment. (By E.J. Dionne Jr.) Second, I insert an article by Bruce Freed America‘s voice, I suggest to you, will either sound a new note in any future round of PARIS—A characteristic of politics in most who has been writing very thoughtfully in com- of the well-off democracies is that we know mentary aimed at the enlightened leadership trade negotiations, or it will be muted in spite of itself. far better what we don’t want than what we of the business community. do. Third, I insert a very thoughtful article by When you are in a hole, the first thing to do is to stop digging. If the newly sobered The trends in most democratic countries one of the most thoughtful of our contem- global community has stopped digging, we‘re are toward moderate governments and away porary journalists, E.J. Dionne, on the theo- still left in the hole. Working people across from pure free-market parties. Electorates retical aspects of this broader question. the world understand that if nothing is done, don’t fully trust the global economy and want protection from its fluctuations. But to REMARKS BY JOHN SWEENEY, PRESIDENT OF corporate globalization will continue, un- checked and uncontrolled. We need to go a win elections, parties of the left promising THE AFL–CIO, 1999 ANNUAL MEETING those protections have to prove they’re com- WORLD, ECONOMIC FORUM, DAVOS, SWITZER- different way. Calls for greater transparency, better ac- fortable with the market and accept its dis- LAND, JANUARY 30, 1999 counting and more generous safety nets are ciplines. It is a delight to be here once more, and to satisfying, but not sufficient. The essential France’s Socialist Prime Minister Lionel have this opportunity to share with you building blocks of a new internationalism Jospin caught the mood when he declared some of the perspectives of the 40 million can be seen in the struggles of workers and that he favored a ‘‘market economy’’ but op- working men and women in households rep- citizens across the world. posed a ‘‘market society.’’ We want cap- resented by the AFL–CIO. People are demanding protection from the italism, but want it tempered by other val- We’ve been asked to talk about how to havoc caused by currency and capital specu- ues—equity, community and compassion, for ‘‘manage the social impact of globalization.’’ lation. If this is not done at a global level, it starters. But let us not think of globalization as a will be done at a national level—as we’ve If you want to know how much has natural phenomenon with regrettable social seen from Hong Kong to Malaysia to Chile. changed, consider these comments from Rob- side effects. The forces of globalization now While curbing speculators, we must get the ert Hue, the national secretary of the once wracking the world are the creation of man, global economy going again. Recent efforts hard-line French Communist Party. ‘‘The not of God. Our task is not to make societies to lower interest rates in Europe and the Communists are not adversaries of the mar- safe for globalization, but to make the global United States, and to pump up demand in ket,’’ he declared last week. ‘‘The Com- system safe for decent societies. Japan should be seen only as first steps. munists have broken with the statist vision This is not a quibble about words. As we In this crisis, as the IMF recently admit- of things.’’ Imagine: Karl Marx dining with meet, about a third of the world’s economy ted, enforcing austerity on indebted coun- Milton Friedman. is in recession. 100 million people who tries only makes things worse. The Fund and The social philosopher Anthony Giddens thought they were part of a growing middle the Bank should help restructure debt and explains this transformation in ‘‘The Third class have been brutally thrust back into stimulate growth. And as the growing Jubi- Way,’’ his important recent book. ‘‘No one poverty. And, as recent events in Brazil have lee 2000 movement has called for, industrial any longer has any alternatives to cap- shown, the crisis is far from over. nations should move to relieve the debt bur- italism—the arguments that remain concern Global deflation is now the nightmare of dens on the poorest nations, while increasing how far, and in what ways, capitalism should central bankers. Too many goods, too much investment in sustainable energy, education be governed and regulated.’’ productive capacity chasing too few con- and health care. ‘‘These arguments are certainly signifi- sumers with too little money. In the crisis, At the same time, we need to create the cant,’’ he continues, ‘‘but they fall short of the US is the buyer of last resort. But US conditions for sustainable growth. the more fundamental disagreements of the consumers are already spending more than That is why it is vital to empower work- past.’’ That may explain some of the listless- they make. US manufacturers are in reces- ers—to enforce core worker rights in the ness of contemporary politics. Utopias and sion. In recent months, 10,000 steelworkers global market—the right to organize and to searing critiques of the status quo are excit- have lost their jobs to a flood of imports, bargain collectively to improve one’s lot, the ing. But why should progressive parties pre- their families disrupted, their communities prohibitions against child labor and forced tend to have answers they don’t, or attempt devastated. The US trade deficit is headed to labor, the elimination of discrimination. to build systems that can’t work? unsustainable new heights. Empowering workers strengthens democ- The Third Way idea is seductive because it The terrible human costs can have one racy. It is also vital to sustaining prosperity, seems to represent realism with a heart. But good effect. They can sober the debate about to making markets work. Giddens—the director of the London School the global economy. For two decades, con- When the famed US labor leader, Walter of Economics who’s thought of as British servative governments have been on a binge, Reuther, visited Japan in the 1960s, he saw Prime Minister Tony Blair’s favorite social dismantling controls over capital, cur- that Japanese autoworkers were riding bicy- philosopher—tries to show that the Third rencies, and corporations. Now we awake the cles to work. ‘‘You can’t build an automobile Way is more than a marketing slogan. morning after, our heads aching, our hearts economy on bicycle wages,’’ he warned the The core problem with contemporary con- burdened by the destruction that we see Japanese. But of course they could, by ex- servatism, he says, is an inconsistency at the around us. porting their automobiles to the United heart of its creed. Its ‘‘devotion to the free Globalization—in the extreme, corporate States. market on the one hand, and to the tradi- dominated, de-regulated form we have wit- No limits of that export-led growth model tional family and nation on the other, is self- nessed—is not the scapegoat of the current are apparent. A vibrant economy requires contradictory.’’ E632 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 1999 Why? ‘‘Individualism and choice are sup- The implications of fast track’s absence A TRIBUTE TO THE LATE JOE posed to stop abruptly at the boundaries of are beginning to be seen. This is the case in DI MAGGIO the family and national identity, where tra- Latin America, a key market for U.S. ex- dition must stand intact. But nothing is ports. By not being able to move forward more dissolving of tradition than the ‘perma- with a Latin American free-trade agreement, HON. PETER DEUTSCH nent revolution’ of market forces.’’ the United States runs the risk of being cut OF FLORIDA Giddens is perceptive on the thorny ques- out as the European Union forges closer IN THE HOUSE OF REPRESENTATIVES tion of risk vs. security. The standard ac- trading ties with Mercosur, the powerful count is that if government provides too Tuesday, April 13, 1999 southern cone trade group. much security, no one will want to take Mr. DEUTSCH. Mr. Speaker, last month the risks. But Giddens is alive to the need for Winning fast track, however, will require a Nation lost a true American hero. I am deeply certain social protections if what you desire fundamental change in the way business saddened that Joe DiMaggio, ``the Yankee is a risk-taking society. deals with Capitol Hill and how it ap- Clipper,'' passed away at the age of 84 in his To encourage citizens to be ‘‘responsible proaches the politics of trade. ‘‘You’ve got a risk-takers,’’ he writes, ‘‘people need protec- lot of folks stuck in a rut now,’’ said Dunn. hometown of Hollywood, Florida, on March 8, tions when things go wrong’’ and ‘‘also the The problem business faces is that the Re- 1999. We mourn the loss of a man whose leg- material and moral capabilities to move publican-anchored coalition it is looking to acy will be remembered for years to come. In- through major periods of transition in their to pass fast track hasn’t worked effectively deed, Joe DiMaggio has a long and storied list lives.’’ That’s the reason every party in since the passage of the North American of athletic accomplishments, but he is also re- every country is talking about education. Free Trade Agreement almost six years ago. The upshot is we shouldn’t dismantle the membered for his service to the South Florida welfare state, but rather reconstruct it into How does business get out of this rut and community and the Nation. Joe DiMaggio is a a ‘‘social investment state’’ to provide ‘‘re- turn the fight for fast track into a winning man who achieved greatness, and it was also sources for risk-taking.’’ Gidden’s welfare game? Last December, this column suggested the way in which he carried himself that was state would also cooperate extensively with a counterintuitive trade strategy that truly great. community institutions that are inde- looked center-left to offset growing Repub- Voted the ``Greatest Living All-Time Base- pendent of government. lican isolationism. Now is the time to apply ball Player'' by the Baseball Writers Associa- As for the global economy, Giddens sees its it. With Congress so closely balanced, busi- tion in 1969, Joe DiMaggio's impact was felt in expansion as removing more and more activ- ness can’t afford to ignore the Democrats, ity from the regulatory reach of individual the Major Leagues soon after his rookie sea- including liberals, labor and the environ- son in 1936. After winning only one World Se- nations. In what he calls ‘‘depoliticized glob- mentalists. al space,’’ there are no rules establishing ries in the seven years prior to his joining the ‘‘rights and obligations.’’ Figuring out what Rep. Cal Dooley (Calif.), a staunch free- team, the Yankees won four straight those are and whether they can be enforced trade and leading pro-business Democrat, world championships. By the time he retired in across national boundaries is one of the cen- recognizes this as he pushes for a serious dia- 1951, Joltin' Joe DiMaggio's role in the domi- logue between business and labor and the en- tral political problems of our time. nance of the New York Yankees was undeni- The strongest critique of the Third Way is vironmentalists. Those groups have been fast that its careful balancing act sounds too track’s toughest opponents. ‘‘The message able: his leadership brought a total of ten pen- good to be true. Center-left parties trying to I’ve been delivering to business is that you nants and nine world series to New York in calibrate market efficiencies against con- have to be providing the leadership and iden- the span of 13 major league seasons. Over cerns for social justice are not working in tifying the policies that address the environ- his career, Joe DiMaggio would win three some sanitized laboratory. In the politics of mental and labor issues that can broaden the MVP awards, become the only major league democracies, interests and passions inter- base of support for fast track.’’ Dooley told player in major league history who has more vene. me. than 300 home runs and fewer than 400 That was brought home in the recent bat- tle between Germany’s Social Democratic Key business groups have started doing strikeouts, and be inducted into the Baseball chancellor, the centrist Gerhard Schroeder, this but it needs to be done seriously in Hall of Fame in 1955. and his left-wing finance minister, Oskar La- order to construct a new coalition. That coa- Career statistics aside, Joe DiMaggio had fontaine. Lafontaine resigned, protesting lition can be made up of Democrats and envi- perhaps one of the most remarkable years that ‘‘the heart isn’t traded on the stock ronmental, labor and internationalist Repub- ever when he won the Most Valuable Player market yet.’’ But where Lafontaine saw a so- licans. House Banking Committee Chairman award in 1941. That year, like Sammy Sosa cially minded heart beating, German busi- Jim Leach (R-Iowa) suggested this approach and Mark McGwire did during the summer of a year ago as a way to break the deadlock ness saw a statist cancer growing. 1998, Joe DiMaggio and Ted Williams cap- The Paris daily Le Monde noted archly over funding for the International Monetary that it was pure ‘‘coincidence’’ that at the Fund. Rep. Barney Frank (D-Mass.) has tivated the entire Nation with two spectacular moment Lafontaine quit, Anthony Giddens urged business and liberals to find ways to individual performances. While Ted Williams was visiting Bonn to unveil the German edi- deal with each other on trade and other ele- would hit .406, DiMaggio would take center tion of ‘‘The Third Way’’—of which Schroe- ments of their agendas. stage while hitting safely in 56 straight der is a public fan. Where do corporate CEOs fit into this new gamesÐan amazing record which stands ‘‘The Third Way’’ is worth finding, and strategy? In several ways. First, they need to today. Giddens makes an honorable effort to draw pledge their unwavering commitment to the Though one could talk about Joe us a map. But as the struggles of the new DiMaggio's greatness based on baseball sta- German government show, the road there is effort—from start to finish—just as they do still under construction. with company initiatives. tistics alone, we must not forget the service Next, they need to shape the public’s per- that Joe DiMaggio performed for our nation during times of war. In 1943, Joltin' Joe BUSINESS MUST TAKE LEAD TO WIN FAST ception of fast track as critical to the na- TRACK tion’s economic growth and their personal swapped his Yankee paycheck for a $50-a- Steel tops Congress’ trade agenda. But just well-being. This can only be done by leader- month private's salary as he left baseball to beneath the surface remains fast track, the ship outside Washington that can soften the serve as physical trainer for Army Air Force missing critical link in long-term U.S. trade partisanship that hurt fast track previously. cadets. Finishing his term of service three policy. CEOs can do this, Dunn said, by ‘‘articu- years later, Joe DiMaggio had risen to the Twice in the past two years, Congress re- lating much more in public and much more rank of sergeant and, in 1974, he was award- fused to give broadened authority to the with their employees the benefits and impor- tance of free trade.’’ ed the Silver Helmet award from AMVETS president to negotiate trade agreements. (American Veterans of World War II, Korea, With a third try being readied, the challenge Lastly, they need to provide the ongoing for the corporate community is to provide and Vietnam). Only three years after receiving leadership of the fast-track, campaign. Usu- this award, he would be further honored in a the leadership that will finally achieve it. ally, this is done by the White House with The push needs to come soon. As the support of outside groups. However, long- way that few are: he was awarded the Presi- globalization quickens, opportunities for term, proactive leadership has not been the dential Medal of Freedom by President Carter. U.S. companies to sell their products in- forte of this White House as demonstrated by Mr. Speaker, Joe DiMaggio lived much of crease. However, access to foreign markets the last minute, ad hoc—and unsuccessful— his life in private. Though he also performed must be guaranteed, a process fast track campaign it mounted for fast track in 1997. much philanthropy work in private, he was would facilitate. ‘‘If we don’t get [fast track] this year, we’re not going to get it until well Business needs to be pragmatic and go very public about his affiliation with the Memo- after the presidential election,’’ Rep. Jen- where the votes are if it is to win fast track. rial Hospital which lies within my Congres- nifer Dunn (R-Wash.), a member of the Ways By doing that, business leaders will have a sional District in Hollywood, Florida. In 1992, and Means Trade Subcommittee, said in an real shot at achieving a U.S. trade policy the new children's wing of Memorial Hospital interview. that is truly global. was christened the ``Joe DiMaggio Children's