AMENDMENT OF FOREIGN ASSISTANCE ACT OF 1961-CLOTURE MOTION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP66B00403R000300070018-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 23, 2016
• Document Release Date: February 21, 2014
• Sequence Number: 18
• Publication Date: September 9, 1964
• Content Type: OPEN SOURCE

1964
Declassified and Approved For Release 2014/02/21: CIA-RDP66B00403R000300070018-4
CONGRESSIONAL RECORD ? SENATE 21169
serve fair competition in the marketing
of livestock.
Second. The conservation programs of
the Department of Agriculture and other
agencies will be designed to preserve our
forests and public lands and gain the
maximum: grazing conditions consistent
with sound conservation practices.
Third. This administration will utilize
every authority to maximize aid to cat-
tlemen in need of credit, consistent with
sound business practices. We are deter-
mined to use the regular facilities of the
Government so that cattlemen can work
out their problems.
FREE MARKET FOR LIVESTOCK
Fourth. Consistent with the principles
enunciated so often by cattlemen, we do
not propose or support any direct price
support programs, control programs, or
subsidy payment programs?domestic or
export?for beef cattle. We will support
the cattlemen of America in their deter-
mination that there be a free market for
livestock.
Fifth. With consultation and the aid
of the cattle and beef industry we will
continue to use the facilities of the Gov-
ernment to encourage beef promotion,
purchases for school lunch and needy
persons, export market development, and
other actions designed to aid the profit-
able marketing of livestock and livestock
products.
Sixth. The United States will continue
to urge in negotiations in GATT that
European and Japanese markets be open
to all. We are interested in helping beef
exporting nations find expanding mar-
kets outside the continental United
States to relieve the pressure on our own
People.
Seventh. The import quota legislation
recently enacted into law and signed by
the President now is the law of the land.
This will be used when necessary, taking
Into full consideration the needs of the
domestic cattle industry, the American
consumer, and the stake of American
agriculture in world markets.
Mr. President, the American cattle-
man is the guardian of a proud heritage.
Like his father before him, he deals in
the elements?birth and death, drought
and storm, cold and heat. He believes
in the free market and he is willing today
as his forebears to raise the calves and
feed the cattle that put beef ono,our ta-
bles. The only thing he asks, and rightly
so, is to share, as do other segments of
our population, in the regular services
of a government dedicated to a free
agriculture. We will continue to help
him-help himself through this period of
adjustment.
Never in the history of the world has
more beef been produced and consumed
in as short a period. We are determined
to continue to build markets, because the
future of beef, as is true of all agricul-
tural commodities, is in increased mar-
kets at fair prices.
AMENDMENT OF FOREKN IkSSIST-
ANCE ACT OF 1961?CLOTURE MO-
TION
The Senate resumed the consideration
of the bill (H.R. 11380) to amend further
the Foreign Assistance Act of 1961, as
amended, and for other purposes.
Mr. JAVITS. Mr. President, I ask
unanimous consent that the name of the
distinguished Senator from Minnesota
[Mr. HUMPHREY] may be added to
amendment No. 1234, proposed by the
Senator from Minnesota [Mr. Mc-
CARTHY] and myself as a substitute for
the so-called Dirksen-Mansfield amend-
ment, amendment No. 1215, to the for-
eign aid bill now pending.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
Mr. JAVITS. I thank the Chair, and
I thank the Senator from Minnesota for
joining us in this effort which I regard
as a most constructive way to deal with
the reapportionment problem.
Mr. HUMPHREY. Mr. President, will
the Senator yield?
Mr. JAVITS. I yield.
Mr. HUMPHREY. I thank the Sen-
ator for his initiative in this matter and
also commend the initiative that my
colleague from Minnesota has taken
with the Senator from New York. I
studied very carefully today the Sen-
ator's proposed amendment as a substi-
tute for the Dirksen-Mansfield amend-
ment. As the Senator knows, tomorrow
the Senate will vote on the cloture mo-
tion. It is my hope that it will be de-
feated. I shall vote against it. Then
it would be my hope that the Senator
from New York might, on behalf of the
two Senators from Minnesota?and I am
sure there will be many others who will
be equally interested?offer his substi-
tute expressing the sense of the Congress.
That substitute gets at every point
about which we have deep concern. It
asks the courts to take into consideration
the time needed for legislatures to carry
out effective reapportionment under the
terms of the Court order. It also pro-
vides a request for time for preparation
of a constitutional amendment if such
is desired.
I think it goes a long way, but we must
get "off the hook" on which we are now
caught in the Senate so we can pro-
ceed with the business of the Senate.
I have serious doubt about the Dirk-
sen-Mansfield amendment, not only as
to its constitutionality, although I be-
lieve lawyers have said it is constitu-
tional. I believe it works like some of
the new drugs we hear about, which are
designed for a cure, but the side effects
of which are sometimes worse than the
conditions at which they are directed.
I have listened to the debate and have
read the RECORD. I have been consider-
ably disturbed about the difference in
interpretation as to the meaning of the
Dirksen-Mansfield amendment. That is
why I have joined the Senator in what
I think is a clear-cut proposal. I do not
think there is any doubt about what
the Senator's proposal is. It gets to the
point. It is not ambiguous. I think it
will serve the interests of constitutional
government and the interests of the
States deeply concerned over the impact
of the Supreme Court ruling. It will be
fair and judicious. I am sure no one will
ever want to ignore a resolution of the
Congress.
Mr. JAVITS. I thank my friend.
Earlier today I announced that I
would vote against cloture. I analyzed
the situation and gave my opinion that
to sustain the Dirksen-Mansfield amend-
ment would require an interpretation by
the Supreme Court which would make it
of no more effect than our "sense" reso-
lution. Therefore, it seemed to me much
more appropriate, under the doctrine of
the separation of powers, to avoid a con-
frontation between Congress and the
Court, as long as it could be done with
dignity and propriety and achieve the
same result. So I urge adoption of the
substitute which, as the Senator noted,
will be offered at the appropriate time.
I am glad the Senator from Minnestoa
was able to join in that measure.
Mr. RUSSELL. Mr. President, I un-
derstand that the time on tomorrow
between the convening of the Senate
and the vote on cloture has already been
divided by unanimous consent. I there-
fore wish to make a very brief statement
as to my position on the cloture petition.
I wish to make perfectly clear at this
time that if I ever have an opportunity,
I shall vote for the amendment offered
by the majority leader and the minority
leader. Indeed, if I had the opportunity,
I would be very happy to vote in favor
of the much more far-reaching bill that
passed the House of Representatives. In
iiarticular, I do not like that provision
of the Dirksen-Mansfield amendment
which places the stamp of congressional
approval on the constitutionality of the
Supreme Court's decision on the reap-
portionment of State legislative bodies,
because I do not believe it was ever con-
templated that the Court would have any
legal authority in that area.
None of the original colonies had legis-
lative bodies that were based solely on
population.
In this modern day, we often lose sight
of the fact that the States created the
Federal Government. We seem to as-
sume it was the other way around, and
that the Federal Government in some
manner created the States.
The Supreme Court decision on reap-
portionment denies to States rights they
had when they created the Federal Gov-
ernment. It further denies a right the
States gave to the Federal Government?
that is, to have one House of the legis-
lative branch of the Government based
on population and to take other factors
into consideration in the constitution of
the other body of the legislative branch.
This is not the time nor the occasion
to discuss that aspect of the question at
length, but if Congress has any interest
or any desire to maintain the form of
government that has served us so well, it
will soon be compelled to place some
curbs on the Supreme Court.
I have never been more serious than
now when I say that in my judgment the
greatest threat to the future of this
country is not Khrushchev or Mao Tse-
tung, or all the forces that those two
tyrants might bring to bear against us.
The greatest menace to the rights and
freedoms of future generations of Amer-
ican citizens is the tendency of the pres-
ent Supreme Court to set itself up as an
all-powerful agency that not only has
the power to enact ordinary laws, but
also asserts the power to amend and
change the Constitution of the United
States.
In the philosophy of a majority of the
present Court, there are no such things
as coequal and coordinate arms of Gov-
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Declassified and Approved For Release 2014/02/21: CIA-RDP66B00403R000300070018-4
21170 CONGRESSIONAL RECORD ?SENATE
ernnient. A majority of the present
Court seems to feel that the Court can not
only exercise powers that are vested in
the legislative branch by the Constitu-
tion, but also exercise powers that are
reserved by the Constitution of the
United States to all the people of the
Unikd States.
ITherefore feel very deeply that some
action should be taken, even if it is as
weak a gesture as the Dirksen-Mansfield
amendment appears to me to be.
Mr. President, I would like very much
to be able to convince myself that I could
honorably support the cloture motion.
I have marveled many times at the
cynicism and elasticity of conscience of
many Senators. They stand here on the
floor and proclaim their undying devo-
tion and dedication to the adoption of
the strongest sort of gag rule in the Sen-
ate. But when it serves their purpose
they do not hesitate to conduct a first-
class filibuster.
I know it has been stated on the floor
by some Senators that they can assuage
their conscience and reconcile their
judgment by saying that, inasmuch as
there is a rule that permits a filibuster,
they intend to utilize it, even though
they are opposed to it.
I would that my conscience and my
convictions were so elastic that I could
say that, because the gag rule of cloture
is found in rule XXII, I will utilize it,
even though I have always held to the
conviction that any Senator from a
State, or a once sovereign State, should
enjoy and have the right of expressing
the views that he holds, and the views of
his constituency, on any issue as fully
as he might desire to do so, bound, of
course, only by Jefferson's cloture, which
forbids any Senator to make more than
two speeches on the same subject in the
same legislative day.
Unfortunately, however, I have con-
sidered this matter carefully for the past
3 days, and I have not been able to con-
vert my convictions into a rubber band.
I really speak the truth when I say I
believe in freedom of debate in the Sen-
ate, and I refuse to resort to the specious
reasoning that because there is a rule
with which I disagree, I am completely
justified in resorting to its use.
I am surprised at times to hear Sena-
tors make that argument, because in its
last analysis it is an argument that the
end justifies the means. When we come
to adopting that as a principle in the
Senate, our Government is on tenuous
ground.
Honesty also impels me to say, Mr.
President, that no real effort has been
made to break the filibuster against
the Dirksen-Mansfield reapportionment
amendment. I do not recall that there
has been a single night session. I can
well remember that for a period of about
34 months in the spring of this year,
the Senate convened at 10 o'clock?and
on some few days at 9 o'clock?and ran
for 12 or 13 hours. That was when there
was what was called a filibuster against
the Federal Force Act, which was then
before the Senate.
This has been a "powder puff" filibus-
ter. I concede that. But the leadership
has only undertaken to use a feather
duster as a weapon to break the "powder
puff" filibuster.
Mr. President, I cannot vote for clo-
ture, because I would stultify myself in
so doing. But I am perfectly willing to
stay here in continuous session for such
time as is necessary to bring the Dirksen-
Mansfield amendment to a vote in this
body.
If a majority of the Senate really be-
lieves in this effort to place a modest re-
straint on a judiciary that is running
wild, we can stay here and bring this
issue to a vote in the Senate.
Of course, if we are interested only in
form and pretense and publicity, we can
have the vote on cloture. The vote will
lose. Then the leadership can say, "This
Is all we can do, and therefore we will
move to lay this amendment on the
table."
Mr. President, I wish to make my posi-
tion perfectly clear. I am in whole-
hearted support of the Dirksen-Mans-
field amendment. My only objectjon it
is that it is too weak and that it places
the stamp of congressional approval on
the Supreme Court's reapportionment
decision.
Mr. President, I cannot bring myself
to vote to gag the Senate, because I am
sincerely_ opposed to gag rule. But I
September 9, 1964
wish to make it perfectly clear to any
of those who are really interested in the
adoption of this amendment that I shall
be willing to stay here with them until
January 3, 1965, if it is necessary,..in
order to reach a vote, although I do not
believe it would be necessary to get a
vote on the question. I shall, of course,
oppose any effort to table this amend-
ment. I shall oppose any effort to water
it down any further, because if it is made
any weaker, we will not be able to see it.
I hope that after the cloture vote is
had the leadership will take the action on
this amendment that they have taken in
other cases in which they were interested
and give the Senate a real opportunity to
debate it. Let us have a real educational
campaign, if that is what the opponents
wish to call it. Let them have a chance
to educate for 14 hours a day by having
the Senate remain in session for that'
j
long, as was the case when a handful of
us opposed the Federal force bill earlier/
this year.
ADJOURNMENT
Mr. RUSSELL. Mr. President, I move
that the Senate adjourn, under the previ-
ous order, until 12 o'clock noon tomorrow.
The motion was agreed to; and (at 6
o'clock and 50 minutes p.m.)' the Senate
adjourned, in accordance with the order
of September 8, 1964, until tomorrow,
Thursday, September 10, 1964, at 12
o'clock meridian.
NOMINATIONS
Executive nominations received by the
Senate September 9, 1964:
BOARD OF PAROLE
Charles E. Casey, of California, to be a
member of the Board of Parole for the term
expiring September 30, 1970.
COLLECTOR OF CUSTOMS
Mrs. Mavis Wyatt, of Tennessee, to be col-
lector of customs for customs collection dis-
trict No. 43, with headquarters at Memphis,
Tenn.
POSTMASTER
The following-named person to be post-
master:
Leslie N. Shaw, Las Angeles, Calif., In place
of 0. K. Olesen, retired.
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