ՍՄԱՆ ՆԵ va i promuigating suci pai-cacg national ■y Presidential action not founded upon any statutory grant of ty would be removed. study of the undersigned of this problem at this stage would indicate that the responsibility of providing equal treatment regard to race or color with respect to Federal employment properly be vested in the Civil Service Commission by appromendment to the Civil Service Act. vise, it would appear that the prevention of discrimination with to Federal Government contractors could appropriately be d by requiring them to enter into an enforceable undertaking ving upon the body of law providing remedies for the violation acts for enforcement. undersigned had contemplated offering an amendment as a subor title VII, embodying these principles, but time limits for the these views precluded completion of the study required to appropriate legislative language to this end. e light of these circumstances and the relatively brief experithe operation of the Presidentially-established Equal Employpportunity Commission, action in this field might wisely be ed pending further experience in the operation of the PresiCommission and further study of appropriate statutory proin this area. efore, title VII should be deleted. TITLE VIII. REGISTRATION AND VOTING STATISTICS title contemplates that the Bureau of the Census under the ry of Commerce will assemble statistics on registration of pervote and make a determination whether or not persons are d from registering and voting by reason of race, color, and 1 origin. bjective of this title is identical with the amendment the underproposes to offer to "Title I. Voting Rights," namely, to carry mandatory provisions of section 2 of the 14th amendment rethe reduction of representation in the House of Representathose States where there is denial or abridgment of the right Bureau of the Census performs primarily ministerial and adative functions and employs as census takers persons without qualifications, such as legal training, for whom it would be very to make a determination which would be reliable that a pered to register or to vote because of denial or abridgment, or because of indifference or some other reason. as for that reason that the undersigned suggested that the e way to meet this problem was the establishment of a biparongressional commission with factfinding powers to build a evidence and to report its recommendations and its calculathe Congress which has the ultimate responsibility for carrying 2 of the 14th amendment into execution. Since the commisthe more workable and effective instrumentality, title VIII be deleted. This or other in the s Its rami By gr civil righ tactics laws. Until title IX, Many hibiting 32 State Under possible Congress of civil laws of S be held in In a li attempt opinion to preser tion. T title X a clearly an field of ci and other rights, u same sub The tex ԱՆՆԵ ԵՄաՆ IIUIII W LIU V WS IԵՄ՝ ԵԱ Sian de reviewable by appe or otherwise." This title received only the most cursory consideratio in the subcommittee and none at all in the full Judiciary Committe Its ramifications are unknown. By granting an appeal from a remand order of the Federal court civil rights cases, but not in any other cases, it is possible that dilator tactics and repeated appeals might frustrate the execution of Sta laws. Until further study has marked out more precisely the effect title IX, action by the Congress should be withheld. TITLE X MISCELLANEOUS Many States have statutes in the field of civil rights aimed at pr hibiting discrimination on the grounds of race or color. For exampl 32 States have public accommodation laws. Under the Nelson decision of the Supreme Court, it is entirel possible that the adoption of a broad omnibus civil rights bill by th Congress could be interpreted by the courts as preempting the fiel of civil rights for the Federal Government and, in consequence, a laws of States aimed at preventing or punishing discrimination woul be held invalid. In a limited way, in some of the titles of H.R. 7152 there is a attempt to preserve to individuals rights under State laws. In th opinion of the undersigned, these provisions are wholly inadequat to preserve the validity and force of State laws aimed at discrimina tion. Therefore, the undersigned proposes to offer an amendment title X applicable to all the provisions of H.R. 7152 which woul clearly announce that it is not the intent of Congress to preempt th field of civil rights and thus preserve the State statutes and municip and other ordinances adopted or to be adopted in the field of civ rights, unless they are in direct conflict with Federal laws on th same subject. The text of the amendment the undersigned will offer is as follow SEC. 1001. Nothing contained in any title of this Act shall be construed as indicating an intent on the part of Congress to occupy the field in which such title operates, to the exclusion of any State laws on the same subject matter, nor shall any provision of this Act be construed as invalidating a provision of State law which would be valid in the absence of such Act, except to the extent that there is a direct and positive conflict between such provisions so that the two cannot be reconciled or consistently stand together. GEORGE MEADER. ODITIONAL VIEWS OF HON. CARLETON J. KING order for society to achieve stability and growth, the law profor a balance between the rights of its citizens and the rights of ate. The balance in the United States today is being threatened pset from both sides. The march toward stability and growth, and equality, in recent years has been slowed if not halted in ea of civil rights. orced segregation has long deprived the Negro of rights and ges, which in justice, are his. In the basic area of education, yment, housing, and voting, oppressive conditions have preÍ him from exercising his full human rights. As a direct consee of this segregation and as a result of his pent-up frustrations, ce has been engaged in by some Negro groups. This in turn, casioned counterviolence by white groups in both the North and who are bent upon resisting change. eacting to this growing violence, is the arm of the Government, State and Federal, taking positions which either protect the oup" or go too far toward upsetting the "in-group." The will be the strengthening of Government controls, and particuFederal control vis-a-vis the right of individuals, Negroes and ome societies, these forces constantly contend back and forth, y creating upheaval and unrest. In a democratic society, such s, however, a buffer force stands in the middle, which is in a on to accede to the reasonable demands of the individual while ring the demands for the power of Government. In the United this buffer is best represented by Congress, which acts as part Government, while maintaining a protective eye upon the st of the public. For this reason, Congress must accept its y responsibility for dealing with the major cause of the unrest country today-civil rights. gress has struggled with the problem for many years now and doubtedly continue to do so for many years to come. Pursuing licy of balanced forward progress, Congress enacted civil rights tion in 1957 and 1960. Aside from meeting the challenge of oter disenfranchisement, these acts created the Civil Rights ission, reduced the threat of widespread violence, and accomd other results. The fact that substantial gains did materialize these acts and did remove many unjust burdens under which egro has so long labored, new aspirations and renewed hope to attract increased support. meet these hopes and aspirations, a large number of Republicans House and Senate introduced legislation in the beginning of the Congress, which provided for increased voting protection, desegregation, equal employment opportunities, and many onal measures. On June 19, 1963, the President transmitted Congress his message on civil rights, asking for legislation, resulted in the introduction of the administration's omnibus full com in this specifica What substitu standpo The bill needs a provision extend t expresse forceful presentOur de its virtu democra to equal justice, t continue Respec moral du a Membe Judiciary acknowle and to co or class. rights for rights of Because through t hope the fully const specifically on this matter. What I do wish to stress, however, is that the provisions of th substitute bill were never sufficiently debated either from a leg standpoint or from their social, economic, and political ramification The bill does contain features, in my mind, that properly meet th needs and demands of the Negro. Nevertheless, there are oth provisions, which I believe usurp the rights of many citizens or whic extend too great authority to the Federal Government. My fear, expressed in the opening remarks, is that the inclusion of these over forceful provisions will contribute to the upset in balance in o present-day society, which I believe Congress must guard against. Our democracy is not perfect. Imperfections exist, but thankfull its virtues exceed those of any other system ever tried. As long democracy gives to all its people the right to equal learning, the rig to equal employment, the right to equal treatment, the right to equ justice, the right to adequate housing, and the right to vote, we w continue to solve the basic equality problems of our country. Respect for these personal rights is not only a matter of individu moral duty, it is also a matter of civic action. My chief concern, a Member of Congress, and as a member of the Committee on th Judiciary, is to do what I possibly can to insure that these rights a acknowledged, respected, and coordinated with the rights of othe and to correct any unjust discriminatory practices against any grou or class. I believe it is also my responsibility in seeking lawf rights for any minority group in America to also respect the lawf rights of others. Because of the manner in which this substitute was steamrollere through the full committee without debate, study, or explanation, hope the House will give careful consideration to all its provisions an fully consider all amendments to the end that justice will prevail. CARLETON J. KING, Member of Congress. DITIONAL VIEWS OF HON. ARCH A. MOORE, JR. right to be free from all forms of racial intolerance is so fundally the privilege of each and every citizen of the United States cannot be made the plaything of politics. The shame of our however, is that the subject of civil rights has from the early f the 88th Congress been made the butt of political opportunism. only after public pressure began to mount, however, did the istration stir itself to fashioning a civil rights package. This of lonemanship by the administration was further spotlighted the subcommittee of the House Judiciary Committee reported which the committee chairman was forced to label the bill ic" irrespective of the fact that it was his bill. The fog of sion and the quagmire of inaction became so great when the ary Committee began to debate the subcommittee's bill, that ospects for civil rights legislation faded to all but the vanishing Amendments were offered and withdrawn. Signals were and then missed. Coalitions formed and then dissolved. Pleas stance were made and rejected. To rescue this hopeless mess, motion was made to report the subcommittee bill to the House effort to salvage civil rights and to permit the Congress to work - on this most needed subject. But, although majority support for this course of action, a "compromise" bill was sprung upon mmittee from out of the night. Where it came from or who ts benefactors remains to this day a deep, dark secret. The ported was conceived in segregation, born in intolerance, and ed in discrimination. have stated earlier, civil rights is the foremost issue of our times. o attempt to enact civil rights legislation in the heavy handed olitically motivated manner that is presently being attempted service to the democratic process and a disservice to all citizens ant and expect effective legislation in this Congress. ARCH A. MOORE, Jr., RITY REPORT UPON PROPOSED CIVIL RIGHTS ACT 1963, COMMITTEE ON JUDICIARY SUBSTITUTE FOR . 7152 HISTORY OF THE LEGISLATION legislation is being reported to the House without the benefit consideration, debate, or study of the bill by any subcommittee mittee of the House and without any member of any committee committee being granted an opportunity to offer amendments bill. This legislation is the most radical proposal in the field of ights ever recommended by any committee of the House or It was drawn in secret meetings held between certain memf this committee, the Attorney General and members of his 32 member Somet Judiciar substitu discussed at a mee from We of Repre a point o in session following the time 24th, a sh again, ar postpone sultation On Oc of the ge which Cl which he approve a membe were orde no debate The bil without p the comm have an e offer ame recognize the readin man anno bill, after member, to comply to debate gentlemen refused to of them d say that consumed of the bill tunity for Immedi from Ohio member o moved for diately cal the tally d in session. of vote up and annou commence |