AMENDMENT OF FOREIGN ASSISTANCE ACT OF 1961

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September 23, 1964
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Declassified and Approved For Release 2014/02/21: CIA-RDP66B00403R000300070008-5 1964 CONGRESSIONAL RECORD ? SENATE ful charges of 1810, or even 1910. To wit, the blanket of "total" communication which has spread over the countryside since the early days of radio. One slur, a moment of petulant anger, a sentence growled in scorn, is seen and heard on each household TV, belched out from every car radio, ,so immense is our network of instant, total,, complete communication. These bon mots?hustled into the morning news?saturate the body politic to a degree unprecedented in grandmother's time. Another new factor has emerged, more successful, more effective than Machiavelli ever dreamed. It does not involve the use of hate as name calling between liperal Dem- ocrat, and opponent. Instead, as we have seen, Republicans have been accused of hating. Republicans have been accused of deliber- ate and unscrupulous attempts 'to smear. Republicans have been attacked as appeal- ing to the base instincts of the electorate. Republicans have been called "haters." Republicans, say the Democrats, sow fear. The chieftain of Democrat publicity, the man credited by many as having been re- sponsible for the election, and reelection, of Mr. Roosevelt, neatly capsuled this Demo- crat approach to political ethics. The quote deserves repeating: "Nobody has ever been able to formulate a political code of ethics. Despite the fine, altruistic language of party platforms, the habit has always been to smite the opposi- tion, regardless of Marquis of Queensbury rules, whenever and however the opportu- nity offers." ?2 Our problem, the Republican problem, is that we didn't know that if you spewed hate but said on -the side you didn't really mean it?it's all part of the game?you could get away with it, and' win the White House, and the Senate, and the House of Representa- tives to boot. On March 9, 1964, the Supreme Court ruled that wide latitude in the press' criti- cism of public officials is constitutional. Said Justice Brennan: "Thus we consider this case against the background of a profound national commit- ment to the principle that debate on public issues should be uninhibited, robust, and wide open, and that it may well include vehement, caustic, and .sometimes unpleas- antly sharp attacks on government and pub- lic officials." " Falseness of the charges no longer counts. Malice must now be proved, an exceeding difficult proposition in any libel suit. A difficult question is thus posed. By what means can the spread of hate, now free to echo from 10,000 newspapers, be checked? We, as Republicans, can offer no simple solution. The gulf between Press Agent Michelson's "smite the opposition" and President Johnson's occasional requests for an avoidance of "venom" appears too great to bridge. But the record of these past 30-years is unavoidably consistent in its documentation of hate and hatemongering by Democrats, for Democrats, even among Democrats. Lest the GOP unconsciously accept the current inference that only among Republicans does the venom flow, this record is offrjed. F 30 years Republicans have been calle name in the book. For 30ae s epu cans have been walloped, smitten ?? ? er the head with the vilest of ? th. Again, exactly who is ing ye. om"? AMENDMENT OF FOREIGN ASSIST- ANCE ACT OF 1961 The Senate resumed the consideration of the bill (H.R. 11380) to amend fur- 9Michelson, "The Ghost Talks," p. 204. " The New York Times, Mar. _0, 1964, p. 22. ther the Foreign Assistance Act of 1961, as amended, and for other purposes. Mr. DOUGLAS. Mr. President, what is the present parliamentary status? The PRESIDING OFFICER. The question is on agreeing to the Dirksen- Mansfield amendment. Mr. DOUGLAS. I suggest the absence of a quorum. The PRESIDING OFFICER. The- clerk will call the roll. The legislative clerk called the roll, and the following Senators answered to their names: [No. 579 Leg.] Aiken Johnston Pastore Anderson Jordan, N.C. Pell Bartlett Jordan, Idaho Prouty Bible Lausche Proxmire Boggs Long, Mo. Robertson Brewster Long, La. Russell Case McClellan Smith Dirksen McGee ,Symington Douglas McGovern Talmadge Ervin McIntyre Walters Pulbright McNamara Williams, Del. Gore Metcalf Yarborough Hart Monroney Young, N. Dak. Hayden Mundt Young, Ohio Inouye Nelson Mr. MANSFIELD. I announce that the Senator from Virginia [Mr. BYRD], the Senator from Nevada [Mr. CANNON], the Senator from Idaho [Mr. Crrartcri], the Senator from Connecticut [Mr. Doan], the Senator from Louisiana [Mr. ELLENDER], the Senator from Alaska [Mr. Grarmsrmc], the Senator from Florida [Mr. HOLLAND], the Senator from Oregon [Mr. MORSE], and the Senator from Ore-. gon [Mrs. NEUBERGER] are absent on offi- cial business. I further announce that the Senator from Alabama [Mr. HILL] and the Sena- tor from Massachusetts [Mr. KENNEDY] are absent because of illness. I also announce that the Senator from Indiana [Mr. Ham], the Senator from North Dakota [Mr. BuRracx], the Sena- tor from Mississippi [Mr. EASTLAND], the Senator from West Virginia [Mr. BYRD], the Senator from Indiana [Mr. HARTKE], the Senator from Minnesota [Mr. Hum- prIREY] , the Senator from Washington [Mr. JACKSON] , the Senator from Wash- ington [Mr. MAGNUSON], the Senator from Minnesota [Mr. MCCARTHY], the Senator from Utah [Mr. Moss], the Sen- ator from Maine [Mr.-MusarE], the Sen- ator from West Virginia [Mr. RANDOLPH], the Senator from Connecticut [Mr. Rim- coFrA , the Senator from California [Mr. SALINGER], the Senator from Florida [Mr. SMATHERS], the Senator from Alabama [Mr. SPARKMAN], and the Senator from New Jersey [Mr. WILLIAMS] are absent on official business. Mr. KUCHEL. I announce that the Senator from Maryland [Mr. BEALL], the Senator from Utah [Mr. BENNETT] , the Senator from Kentucky [Mr. COOP- ER], the Senator from Arizona [Mr. GoLawarER], the Senator from Iowa [Mr. HICKENLOOPER], the Senators from New York [Mr. JAVITS and Mr. KEATING] , the Senator from New Mexico [Mr. MEcnEm] , the Senator from Iowa [Mr. MILLER] , the Senator from Kentucky [Mr. MORTON], the Senator from Kansas [Mr. PEARSON] , the Senator from Penn- sylvania [Mr. SCOTT], the Senator from South Carolina [Mr. THURMOND] , and the Senator from Texas [Mr. TOWER] are necessarily absent. . 21863 The Senator from Kansas [Mr. CARL- soN] and the Senator from Colorado [Mr. Domnacx] are detained on official busi- ness. The PRESIDING OFFICER. A quo- rum is not present. Mr. LONG of Louisiana. Mr. Presi- dent, I move that the Sergeant at Arms be directed to request the presence of the absent Senators. The PRESIDING OFFICER. The question is on agreeing to' the' motion of the Senator from Louisiana. The motion was agreed to. The PRESIDING OFFICER. The Sergeant at Arms will execute the order of the Senate. After a little delay, Mr. ALLOTT, Mr. CLARK, Mr. COTTON, Mr. CURTIS, Mr. EDMONDSON, Mr. FONG, Mr. HRUSK.A, Mr. KUCHEL, Mr. MANSFIELD, Mr. SALTON- STALL, Mr. SIMPSON, and Mr. STENNIS en- tered the Chamber and answered to their names. The PRESIDING OFFICER. A quo- rum is present. Mr. DOUGLAS. Mr. President, there are two main aspects of the question now before _us, namely the Dirksen amendment to the foreign aid bill. The first is substantive, and the second is procedural and constitutional. On the substantive side, there is the fact that virtually all the State legislatures are now malapportioned so far as popula-- tion is concerned, and that this malap- portionment has been steadily growing worse as the population has been mov- ing to the cities and suburbs, while the old rural and small town pattern of rep- resentation of decades ago has persisted. The' procedural and constitutional aspects involve several features. One of them is the extraordinary inappropri- ateness of attaching amendment of this type to the foreign aid bill, a point which has nothing to do with the subject matter of the main measure now before us. Connected with this is the fact that the acnendment, far reaching in its im- portance, was submitted on the floor of the Senate without any prior hearings in any committee, and that the so-called precedent in connection with the civil rights bill does not apply, since that bill had been considered for years in various committees of the Senate, and in this year sections of it had been considered in the Judiciary Committee, in the Com- mittee on Labor and Public Welfare, and in the Committee on Commerce. The constitutional aspects of this measure are very grave. It was proposed that Congress should enact a law either setting aside or postponing the interpre- tations of the Constitution given by the Supreme Court. Mr. President, this is a highly irregu- lar, and, in my opinion, an unconstitu- tional proposal. The Constitution of the United States is interpreted by the Su- preme Court, and that is the Constitu- tion unless and until it is superseded by a constitutional amendment. It is im- proper for Congress to try to overrule the Supreme Court in matters of constitu- tional law. That is precisely what the Dirksen amendment would do. Therefore, our objections to the Dirk- sen amendment are founded on these facts. First, long continued and accu- Declassified and Approved For Release 2014/02/21: CIA-RDP66B00403R000300070008-5 Declassified and Approved For Release 2014/02/21: CIA-RDP66B00403R000300070008-5 CONGRESSIONAL RECORD ? SENATE September 23 - 21864 mulating abuses 'in reapportionment were for the first time being redressed by the decisions of the Supreme Court and the inferior Federal courts to re- apportion in some fairly close proportion to population; and the cities and the suburbs were for the first time being given hope that they could escape from the legislative shackles 'withwhich they were bound. The Dirksen amendment would pre- vent these decisions from going into ef- fect for a period of time, and during this time it was the avowed intention of the senior sponsor of the amendment to pro- pose a constitutional amendment per- manently forbidding the Federal courts from interfering in Such matters. This would have been submitted to the pres- ent malapportioned State legislatures. Those malapportioned State legislatures, by ratifying the constitutional amend- ment, could then put themselves beyond reach of a court order. This proposal is one of the most dan- gerous ever submitted to a legislative body. I am proud that some of us who are proud to call ourselves liberals have been trying to prevent the Senate from falling into this folly. I personally have tried to address myself to the first of the major issues; namely, to the malappor- tionment of existing State legislatures, both in the so-called lower houses and in the upper houses. I have left to my brethren, who are lawyers and constitu- tionalists primarily, the discussion of the second set of issues. In keeping with my belief that both ? issues are important and that both sets of evidence must be considered, I should like to resume today my discussion of how the large cities and the suburbs of the large cities are now grossly under- represented in our State legislatures, and how the apportionment of seats in such cities and suburbs has not kept pace with the regional drift of the population away from the farms and small towns to the metropolitan centers. By that I mean not merely to the central cities, but to the suburbs also. In past addresses I have discussed the underrepresentation of the cities and suburbs, both in average terms and also in terms of comparison between the dis- - tricts which are most underrepresented, and the districts which are most over- represented. Still more material needs to be introduced to indicate the whole set of injustices which should be laid bare. In my present presentation I shall draw primarily upon a valuable statisti- cal study which was made in 1961, by two professors at the University of Virginia, Paul T. David and Ralph Eisenberg, who published this very valuable monograph entitled "The Devaluation of the Urban and Suburban Vote." Mr. David was the coauthor of a very Important work some years ago on the presidential primaries and the selection of candidates for the Presidency by the two major parties. The significance of the approach made by David and Eisenberg was that they made an analysis in terms of counties. There are about 3,100 counties in the United States. David and Eisenberg de- veloped punch cards for each county, showing its population in 1910, 1920, 1930, and 1960, and its representation at each period of time in the house of its State and in the senate of its State. From this information they douid com- pute the number of persons per senator or per representative in each of these counties for each of these decennial pe- riods. This is a valuable study. It needs to be noted and analyzed. Perhaps I should start by saying- that as to States where the town, rather than the county, is the predominant unit of local government and of representation?and this is true of the New England States?it is not per- fectly adequate. As we know, in New England the town is the primary unit of local government. It is the primary unit of representation in the State legisla- tures. However, as I have said, there are fantastic disparities in the New 'England States in the representation of small hamlets and of large cities. Again and again, I have called attention to the State of Vermont, where the smallest town, having a population of 36, send One representative to the lower house of the Vermon Legislature, and the largest city, having a population of 38,000, sends - one representative. Similar fantastic situations exist in Connecticut, where each town is allowed two representatives in the lower house, and cities like New Haven and Hartford, having populations, as I remember, of well over 200,000, receive only the same 'representation in the Connecticut house as towns having populations of 100, 200, or 300. New Hampshire has almost a similar disparity, not quite so glaring as Ver- mont's, but very great. In Rhode Island, the disparity is not so muCh in the lower house as it is in the State senate. Until recently each town? I think there are 43 in Rhode Island? had one representative in the State sen- ate. Providence, having more than 200,- 000 people, had the same representation as East Greenwich, with about 250. When the county is taken as the basis, some of the disparities between are glossed over, because a county may con- tain -grossly overrepresented small towns and possibly grossly underrepresented cities. Mr. MANSFIELD. Mr. President, will the Senator yield with the usual reserva- tion? Mr. DOUGLAS. Mr. President, the Senator from Montana has an important announcement to make, but I ask that the following facts be printed at this point in the RECORD. ' Table I is from David and Eisenberg, page 9, with 100 being taken as equal representation on the basis of popula- tion, it shows that in 1910, the small counties of the country had on the aver- / age 113/81 or 1.4 times the representa- tion per person of those in the largest counties and that by 1960 this had risen on the average to a ratio of 171/76 or 21/4 times the average representation per person of those in the largest counties. It is significant that these disparities ex- isted in general not only in the largest 15 States but also in the smallest States as well. ? There being no objection, the table was ordered to be printed in the RECORD, as follows: TABLE 1.?Relative values of the right to vote for representation; in State legislatures, national averages, and averages for major groups of States, 1910, 1930, 1950, and 1960 Categories of counties by population size 1910 1930 1950 1960 National averages for all 50 States: Under 25,000 113 131 141 171 25,000 to 99,999 103 109 114 123 100,000 to 499,999 91 84 83 81 500,000-and over 81 74 78 76 Averages for the 7 largest States: Under 25,000 116 158 165 194 26,000 to 99,999 111 134 139 155 100,000 to 499,999 99 93 99 100 500,000 and over 83 74 77 77 Averages for the 8 next larg- est States: Under 25,000 116 135 147 186 25,000 to 99,999 100 106 110 119 100,000 to 499,999 93 84 78 78 500,000 and over 81 78 86 79 Averages for the 35 Smallest States: Under 25,000 111 123 133 162 25,000 to 99,999 98. 92 101 105 100,000 to 499,999 76 70 63 58 500,000 and over 45 63 71 67 Mr. DOUGLAS. Mr. President, a sec- ond table shows the relative under- representation of the 27 largest cities of the country and of the suburban coun- ties which adjoin or ring them. This shows that in nearly every instance, the suburbs are, more grossly underrepre- sented even than the central cities, badly treated as the latter are. We, whb have been fighting therefore for fair repre- sentation, have been contending there- fore more for the suburbs than for the central cities. And I for one resent the efforts of some of our opponents to be- cloud the issue by stirring up prejudice against the cities and attempting to disparage our motives. We are fighting for justice. This would help the cities but it would help the suburbs even more. I ask unanimous consent that this table be printed at this point in the RECORD. There being no objection, the table was ordered to be printed in the RECORD, as follows: TABLE-IL?Relative values of the right to vote for representation in State legislatures, central city, and suburban counties of the 27 largest standard metropolitan statistical areas 1910, 1930, 1950, 1960 1 [From David and Eisenberg, pp. 12-13] 1960 SMSA rank Central city and sub- urban counties Relative values 1910 1930 1950 1960 New York City (5 boroughs) 75 71 81 93 Nassau 122 54 101 59 Rockland 132 127 108 86 Suffolk 113 79 100 47 Westchester 117 88 109 95 2 Los Angeles (Los Angeles-Long Beach) 91 39 53 54 Orange 79 90 122 56 3 Cook (Chicago) 87 71 89 91 DuPage 94 73 74 44 Kane )08 110 90 76 Lake 107 97 72 51 McHenry 107 97 82 66 Will 94 74 81 62 4 Philadelphia 89 88 88 98 Bucks 148 147 124 63 Chester 121 131 113 92 Footnotes at end of table. Declassified and Approved For Release 2014/02/21: CIA-RDP66B00403R000300070008-5 1964 Declassified and Approved For Release 2014/02/21: CIA-RDP66B00403R000300070008-5 ? CONGRESSIONAL RECORD ? SENATE TABLE 11.?Relative values of the right to vote for representation in State legislatures, central city, and suburban counties of the 27 largest standard metropolitan statistical areas 1910, 1930, 1950, 19601?Continued [From David and Eisenberg, pp. 12-13] 1960 SMSA rank Central city and sub- urban counties Relative values 1910 1930 1950 1960 4 Phila.?Con. .8..080.4 0000.001.,1000 0000P.0.00000,1.00. WOOMMN.4,,WOMN.0= 0100.W0W0'. W .00.4 WW Wm,. W.0114,P01 0 W.WW WOCOW,WW0WW=0 0000.0,0WWWW-4WCON , . . . . . - ,.. . . . . .... w... . . - ,.,., . .......... ...........,.. .,. 01010iAMOW.0.....40101WM,PW COW MCOC,PWWW,1 M WWM.W0 ,MOW-,w.WW.w. W 0.0 ..WWWWW0,01.00 W0.0..MWWWWWWWWW00,1