UNITED STATES 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 Oregon, 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. EDMUND MUSKIE. 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.