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the Air Force, as the case may be, and for other purposes; without amendment (Rept. No. 886). Referred to the Committee of the Whole House on the State of the Union.

Mr. HÉBERT: Committee on Armed Services. H.R. 2988. A bill to amend title 10, United States Code, to provide for participation by members of the Armed Forces in international sports activities; with amendment (Rept. No. 887). Referred to the Committee of the Whole House on the State of the Union.

Mr. HÉBERT: Committee on Armed Services. H.R. 3005. A bill to amend sections 510 and 591 of title 10, United States Code, to remove the requirement that an alien must make a declaration of intention to become a citizen of the United States before he may be enlisted or appointed in a Reserve component; with amendment (Rept. No. 888). Referred to the Committee of the Whole House on the State of the Union.

Mr. BOLLING: Committee on Rules. House Resolution 564. Resolution for consideration of H.R. 8969, a bill to provide, for the period ending June 30, 1964, temporary increases in the public debt limit set forth in section 21 of the Second Liberty Bond Act; without amendment (Rept. No. 889). Referred to the House Calendar.

PUBLIC BILLS AND RESOLUTIONS Under clause 4 of rule XXII, public bills and resolutions were introduced and severally referred as follows:

By Mr. ANDREWS of North Dakota: H.R. 9030. A bill to increase the participation by counties in revenues from the national wildlife refuge system by amending the act of June 15, 1935, relating to such participation, and for other purposes; to the Committee on Merchant Marine and Fisheries.

By Mr. ASHMORE:

H.R. 9031. A bill to amend the Communications Act of 1934 to provide that appeals from certain decisions and orders of the Federal Communications Commission shall be taken to the U.S. court of appeals for the circuit in which the appellant resides or has his principal place of business; to the Committee on Interstate and Foreign Commerce. By Mr. ASPINALL:

H.R. 9032. A bill to provide uniform policies with respect to recreation and fish and wildlife benefits and costs of Federal multiple-purpose water resource projects, and to provide the Secretary of the Interior with authority for recreation development of projects under his control; to the Committee on Interior and Insular Affairs.

By Mr. BATTIN:

H.R. 9033. A bill to authorize establishment of the Fort Union Trading Post National Historic Site, N. Dak. and Mont., and for other purposes; to the Committee on Interior and Insular Affairs.

H.R. 9034. A bill to authorize the transfer of the Piegan unit of the Blackfeet Indian irrigation project, Montana, to the landowners within the unit; to the Committee on

Interior and Insular Affairs.

By Mr. BROWN of California: H.R. 9035. A bill to amend sections 303 and 310 of the Communications Act of 1934, as amended, to provide that the Federal Communications Commission may issue authorizations, but not licenses, for alien amateur radio operators to operate their amateur radio stations in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a bilateral agreement between the United States and the alien's government for such operation by U.S. amateurs on a reciprocal basis; to the Committee on Interstate and Foreign Commerce.

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By Mr. DORN:

H.R. 9038. A bill to amend title VII of the Public Health Service Act so as to extend to qualified schools of optometry and students of optometry those provisions thereof relating to student loan programs; to the Committee on Interstate and Foreign Commerce.

By Mrs. GREEN of Oregon:

H.R. 9039. A bill to provide for judicial review of the constitutionality of grants or loans under certain acts; to the Committee on the Judiciary.

H.R. 9040. A bill to amend the Civil Service Retirement Act, as amended, to provide for the recomputation of annuities of retired employees who elected reduced annuities at the time of retirement in order to provide survivor annuities for their spouses; to the Committee on Post Office and Civil Service.

By Mr. KING of California:

H.R. 9041. A bill to amend the Internal Revenue Code of 1954 to permit the amortization of reorganization expenditures of railroad corporations, and for other purposes; to the Committee on Ways and Means. By Mr. KORNEGAY:

H.R. 9042. A bill to amend the Communications Act of 1934 to prohibit the Federal Communications Commission from making certain rules relating to the length or frequency of broadcast advertisements; to the Committee on Interstate and Foreign Com

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By Mr. FULTON of Pennsylvania: H.R. 9047. A bill to authorize the coinage of 50-cent pieces to help dramatize the progress of the American Negro from the time of the Emancipation Proclamation until the present; to the Committee on Banking and Currency.

By Mr. HARVEY of Michigan:

H.R. 9048. A bill to promote safety by requiring that motor vehicles used by the Federal Government be equipped with running lights; to the Committee on Government Operations.

By Mr. ROBERTS of Alabama: H.R. 9049. A bill to amend the Federal Food, Drug, and Cosmetic Act in order to

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By Mr. KARTH:

H.J. Res. 795. Joint Resolution to authorize the President to proclaim October 9 in each year as Leif Erikson Day; to the Committee on the Judiciary.

By Mr. BOB WILSON:

H.J. Res. 796. Joint resolution proposing an amendment to the Constitution of the United States; to the Committee on the Judiciary.

By Mr. DEL CLAWSON:

H.J. Res. 797. Joint resolution proposing an amendment to the Constitution of the United States pertaining to the offering of prayers in public schools and other public places in the United States; to the Committee on the Judiciary.

By Mr. MILLER of California:

H.J. Res. 798. Joint resolution providing for the erection of a memorial statue to the late Dr. Robert H. Goddard, the father of American rocketry; to the Committee on Science and Astronautics.

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By Mr. RYAN of New York:

H.R. 9060. A bill for the relief of Irfan Mavruk; to the Committee on the Judiciary.

H.R. 9061. A bill for the relief of Papule Cakiridis; to the Committee on the Judiciary.

H.R. 9062. A bill for the relief of Rexy L. Barrato; to the Committee on the Judiciary. H.R. 9063. A bill for the relief of Araceli Fuerte Ocampo; to the Committee on the Judiciary.

H.R. 9064. A bill for the relief of Norma Cunanan Liwag; to the Committee on the Judiciary.

H.R. 9065. A bill for the relief of Mrs. Yolando Asuncion Chia de Fernandez; to the Committee on the Judiciary.

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Under clause 1 of rule XXII, petitions and papers were laid on the Clerk's desk

and referred as follows:

436. By Mr. RYAN of New York: Petition of Mrs. Sidy Wolff, New York, N.Y., and 73 others giving fullhearted approval of President Kennedy's proposed civil rights bill, and pledging every possible support for the acceptance of it; to the Committee on the Judiciary.

437. By the SPEAKER: Petition of Henry Stoner, General Delivery, Worland, Wyo., relative to the seating arrangement of the two major political parties in the U.S. House of Representatives; to the Committee on House Administration.

SENATE

WEDNESDAY, NOVEMBER 6, 1963 (Legislative day of Tuesday, October 22, 1963)

The Senate met at 12 o'clock meridian, on the expiration of the recess, and was called to order by the Acting President pro tempore, Hon. LEE METCALF, a Senator from the State of Montana.

The Chaplain, Rev. Frederick Brown Harris, D.D., offered the following prayer:

Gracious God, Almighty Father: In reverence, we stand before Thy majesty-a greatness that we cannot comprehend, as our little lives are enfolded by a love that is broader than the measure of man's mind.

We are grateful that our eyes have seen beauty, our hearts have felt love, our minds have discovered truth, and our wills have been gripped and captured by

purposes that lift and ennoble and tie us to causes greater than our own brief span.

Give us a vision of the far-off years as they may be if redeemed by the Sons of God, so that we shall take heart and shall battle more valiantly as with eager devotion we dedicate the Nation's strength to throwing open to all mankind the gates of a new life.

We ask it in the Redeemer's name. Amen.

THE JOURNAL

On request of Mr. MANSFIELD, and by unanimous consent, the reading of the Journal of the proceedings of Tuesday, Journal of the proceedings of Tuesday, November 5, 1963, was dispensed with.

TRANSACTION OF ROUTINE
BUSINESS

On request of Mr. MANSFIELD, and by unanimous consent, it was ordered that there be a morning hour, with statements limited to 3 minutes.

COMMITTEE MEETING DURING

SENATE SESSION

On request of Mr. MANSFIELD, and by unanimous consent, the Committee on the District of Columbia was authorized to meet during the session of the Senate today.

EXECUTIVE SESSION

to extend for a temporary period the existing portation of personal and household effects provisions of law relating to the free im

brought into the United States under Government orders (with an accompanying paper); to the Committee on Finance. REPORT ON ILLEGAL PAYMENTS TO CERTAIN MILITARY PERSONNEL OF THE NAVY AND MARINE CORPS

A letter from the Comptroller General of the United States, transmitting, pursuant to law, a report on illegal per diem payments to military personnel of the Navy and Marine Corps serving as military inspection representatives in Tokyo and Osaka, Japan, Department of the Navy, dated October 1963 (with an accompanying report); to the Committee on Government Operations. REPORT ON UNSATISFACTORY CONDITION OF CERTAIN EQUIPMENT IN 3D MARINE DIVISION (REINFORCED), OKINAWA

A letter from the Comptroller General of the United States, transmitting, pursuant to law, a report on the unsatisfactory condition of combat vehicles and equipment in the 3d Marine Division (reinforced), Okinawa, U.S. Marine Corps, Department of the Navy, dated October 1963 (with an accompanying

'Mr. MANSFIELD. Mr. President, I move that the Senate proceed to the report); to the Committee on Government consideration of executive business, to consider the nomination on the Executive Calendar.

The motion was agreed to; and the Senate proceeded to the consideration of executive business.

The ACTING PRESIDENT pro tempore. If there be no reports of committees, the nomination on the Executive Calendar will be stated.

DEPARTMENT OF STATE

The Chief Clerk read the nomination of Douglas Henderson, of Massachusetts, a Foreign Service officer of class 2, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Bolivia.

The ACTING PRESIDENT pro tempore. Without objection, the nomination is confirmed.

Mr. MANSFIELD. Mr. President, I ask unanimous consent that the President be immediately notified of the confirmation of this nomination.

The ACTING PRESIDENT pro tempore. Without objection, the President will be notified forthwith.

LEGISLATIVE SESSION

On motion of Mr. MANSFIELD, the Senate resumed the consideration of legislative business.

EXECUTIVE COMMUNICATIONS,

ETC.

The ACTING PRESIDENT pro tempore laid before the Senate the following letters, which were referred as indicated:

REPORT ON PROCUREMENT FROM SMALL AND OTHER BUSINESS FIRMS

A letter from the Assistant Secretary of Defense, transmitting, pursuant to law, a report on procurement from small and other business firms, for the period July-August 1963 (with an accompanying report); to the Committee on Banking and Currency. FREE IMPORTATION OF PERSONAL AND HOUSEHOLD EFFECTS BROUGHT INTO THE UNITED STATES UNDER GOVERNMENT ORDERS

A letter from the Secretary of the Navy, transmitting a draft of proposed legislation

Operations.

FEDERAL WATER PROJECT RECREATION ACT

A letter from the Deputy Director, Bureau of the Budget, Executive Office of the President, transmitting a draft of proposed legislation to provide uniform policies with respect to recreation and fish and wildlife benefits and costs of Federal multiple-purpose water resource projects, and to provide the Secretary of the Interior with authority for recreation development of projects under his control (with an accompanying paper); to the Committee on Interior and Insular Affairs.

SUSPENSION OF DEPORTATION OF CERTAIN ALIENS

Two letters from the Commissioner, Immigration and Naturalization Service, Department of Justice, transmitting, pursuant to law, copies of orders suspending deportation of certain aliens, together with a statement of the facts and pertinent provisions of law pertaining to each alien, and the reasons for ordering such suspension (with accompanying papers); to the Committee on the Judiciary.

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Insular Affairs.

By Mr. KENNEDY:

S. 2288. A bill for the relief of John J. Feeney; to the Committee on the Judiciary.

By Mr. JORDAN of North Carolina
(for himself and Mr. ERVIN):
S. 2289. A bill for the relief of Dr. Angelina
Edralin Knox; to the Committee on the
Judiciary.

By Mr. HARTKE (for himself and Mr.
METCALF):

S. 2290. A bill to amend the Communications Act of 1934 with respect to the hours during which certain broadcasting stations may operate with their daytime facilities; to the Committee on Commerce.

(See the remarks of Mr. HARTKE when he

introduced the above bill, which appear under a separate heading.)

By Mr. SYMINGTON:

S. 2291. A bill to amend section 409 of title 37, United States Code, to authorize the transportation of house trailers and mobile dwellings of members of the uniformed services within the continental United States,

within Alaska, or between the continental United States and Alaska, and for other purposes; to the Committee on Armed

Services.

By Mr. EDMONDSON:

S. 2292. A bill for the relief of Tarek L. Radjef; to the Committee on the Judiciary.

By Mr. FONG (for himself, Mr. BART-
LETT, Mr. GRUENING, and Mr.
INOUYE):

S. 2293. A bill relating to the adding of the names of the States of Hawaii and Alaska to the attic parapet of the Lincoln National Memorial; to the Committee on Interior and

Insular Affairs.

must cease at sunset. Approximately 40 percent of these are in areas not receiving primary service from an unlimitedtime station.

Due to the extreme seasonal changes in daylight hours, especially in the north during the winter months, a station in the northern United States may be able to sign on no earlier than 7:15 a.m. if on the eastern edge of its time zone, or, if on the western edge, may have to sign on as late as 8:45 a.m.

In many of the communities served by these daylight stations there are no local full-time stations. The presunrise restrictions prevent public service programing to meet the needs of the area with important or even vital morning information, such as local weather and driving conditions, word of school closdriving conditions, word of school closings for weather reasons, local agricultural market information, plant openings and closings, and local school, civic, and charitable activities.

The bill I introduce was passed by the House of Representatives in the 2d session of the 87th Congress as H.R. 4749 on July 2, 1962. It would, subject to international treaties and certain rulings of the Federal Communications Commission, allow operation of authorized daytime broadcasting facilities during the presunrise period after 6 a.m., and in some cases after 4 a.m.

The attitude of the FCC, which has opposed previous bills authorizing 5 a.m. to 7 p.m. and 6 a.m. to 6 p.m. hours for "daytimers," may be judged by its "Further Notice of Proposed Rule Making" adopted November 28, 1962. The administrative proposal outlined outlined there would, like this bill, make "daytime" operations available under certain circumstances between 6 a.m. and sunrise. This bill, applying only to the morning hours, is thus not in conflict with the thinking of the FCC currently.

There is a need, especially in the 725 or so communities where no full-time local station is operating, for the public service to the area which early morning operation can give with local news, weather, marketing, and the like. This bill will allow a greater measure of public service in radio broadcasting within local communities.

The PRESIDING OFFICER (Mr.

INOUYE in the chair). The bill will be received and appropriately referred.

The bill (S. 2290) to amend the Communications Act of 1934 with respect to the hours during which certain broadcasting stations may operate with their daytime facilities, introduced by Mr. HARTKE (for himself and Mr. METCALF), was received, read twice by its title, and AMENDMENT OF COMMUNICATIONS referred to the Committee on Commerce.

(See the remarks of Mr. FoNG when he introduced the above bill, which appear under a separate heading.)

ACT OF 1934

Mr. HARTKE. Mr. President, I introduce, for appropriate reference, a bill to amend part I of title III of the Communications Act of 1934, to permit operation of certain radio broadcast stations, known as "daytime" stations, to broadcast before sunrise.

Of about 3,800 standard broadcast radio stations licensed by the Federal Communications Commission, approximately 1,850 are "daytime" stations whose operations may begin only after sunrise and CIX-1335

On one wall of the Lincoln Memorial

is inscribed Abraham Lincoln's immortal Gettysburg Address delivered almost 100 years ago-November 19, 1863. This address is more than a classic tribute to America's fallen warriors. It is an enduring charter for liberty, freedom, and union.

The men who designed and constructed the Lincoln Memorial attempted to build into the monument a motif symbolizing the Union of the States advocated so forcefully by Abraham Lincoln. Thirtysix columns representing the 36 States in the Union at the time of Lincoln's death surround the walls of the memorial. A frieze above the colonnade names these States. On the attic walls above the frieze are the names of the 48 States comprising the Union at the time the memorial was built in 1922.

Since that time Alaska and Hawaii have joined this great Union of States. However, the names of these two newest States do not yet appear anywhere on the Lincoln Memorial.

The purpose of the bill I now introduce for myself, my colleague from Hawaii [Mr. INOUYE], and the Senators representing Alaska, [Mr. BARTLETT and Mr. GRUENING], is to add the names of the great States of Alaska and Hawaii to those of their sister States already enscribed on the attic parapet of the Lincoln Memorial. I am sure that our 48 sister States would be pleased to have Hawaii and Alaska recorded on this memorial.

That which we propose is not a great task and can be done in a manner which would not mar or deface this noble monument. It would rather be in keeping with the great plea of unity espoused by Abraham Lincoln a century ago.

Aside from the possibility that the Commonwealth of Puerto Rico might at some future date be admitted into the Union as a State, I am quite sure all of us do not anticipate any other area joining our Union as a State for a long, long time, if ever. Therefore, our proposal is not an act which might be followed by many similar proposals.

The bill which I now introduce for myself and my colleagues from Hawaii and Alaska directs the Secretary of the Interior to submit to Congress a report on the best method to add the names of

the States of Alaska and Hawaii to those of the other 48 States enscribed on the attic parapet of the Lincoln Memorial.

The PRESIDING OFFICER. The bill will be received and appropriately referred.

The bill-S. 2293-relating to the adding of the names of the States of Hawaii and Alaska to the attic parapet of the Lincoln National Memorial, introduced by Mr. Mr. FONG (for himself

ADDITION OF NAMES OF STATES OF and Senators BARTLETT, GRUENING, and

HAWAII AND ALASKA TO ATTIC PARAPET OF LINCOLN NATIONAL MEMORIAL

INOUYE), was received, read twice by its title, and referred to the Committee on Interior and Insular Affairs.

CORPORATE INCOME TAXES AMENDMENT (AMENDMENT NO.

Mr. FONG. Mr. President, the Lincoln Memorial here in the Nation's Capi- REDUCTION OF INDIVIDUAL AND tal was built in 1922 to honor one of the outstanding Presidents of the United States of America, our beloved Abraham Lincoln, who ranks among the world's greatest humanitarians.

309)

Mr. MCCARTHY submitted an amendment-No. 309-intended to be proposed

by him, to the bill-H.R. 8363-to amend the Internal Revenue Code of 1954 to reduce individual and corporate income taxes, to make certain structural changes with respect to the income tax, and for other purposes, which was referred to the Committee on Finance, and ordered to be printed.

AMENDMENT OF FOREIGN ASSISTANCE АСТ OF 1961-AMENDMENTS (AMENDMENT NO. 310) Mr. MORSE submitted amendments, intended to be proposed by him, to the bill-H.R. 7885-to amend further the Foreign Assistance Act of 1961, as amended, and for other purposes, which were ordered to lie on the table and to be printed.

POSTPONEMENT

OF CONSIDERATION OF MEXICAN LABOR BILL Mr. ELLENDER. Mr. President, I wish to announce that the so-called Mexican labor bill will not be called up today, as I had announced last Monday. I have been informed by the majority leader and the minority leader that they prefer to have the consideration of this issue postponed until the completion of the Senate's consideration of the foreign aid bill. Of course I do not wish to proceed counter to the wishes of the majority leader, and I have gladly acceded to his wish.

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MESSAGE FROM THE HOUSE

A message from the House of Representatives, by Mr. Hackney, one of its reading clerks, returned to the Senate, in compliance with its request, the bill— H.R. 2985-to amend section 1391 of title 28 of the United States Code, relating to venue generally.

The message announced that the House had passed a bill-H.R. 6624-for the relief of Mrs. Concetta Foto Napoli, Salvatore Napoli, Antonina Napoli, and Michela Napoli, in which it requested the concurrence of the Senate.

ENROLLED BILLS SIGNED

The message also announced that the Speaker had affixed his signature to the following enrolled bills, and they were signed by the Acting President pro tem

pore:

S. 876. An act to authorize the Administrator of General Services to convey certain lands in Prince Georges County, Md., to the American National Red Cross.

S. 1201. An act for the relief of Dr. James T. Maddux.

HOUSE BILL REFERRED The bill-H.R. 6624-for the relief of Mrs. Concetta Foto Napoli, Salvatore Napoli, Antonina Napoli, and Michela Napoli, was read twice by its title and referred to the Committee on the Judiciary.

ADDRESSES, EDITORIALS, ARTICLES, ETC., PRINTED IN THE RECORD

On request, and by unanimous consent, addresses, editorials, articles, etc., were ordered to be printed in the RECORD, as follows:

By Mr. HUMPHREY:

Sundry tributes to Senator YARBOROUGH, by President Kennedy and others, upon the

occasion of a recent testimonial dinner in Senator YARBOROUGH's honor.

By Mr. BAYH:

Address delivered by John A. Gronouski, Postmaster General, at a dinner commemorating the centennial of free city delivery, Washington, D.C., on October 26, 1963.

By Mr. RANDOLPH:

Editorial, "B. & O. Deserves Our Applause,” in the Thursday, October 31, 1963, issue of the Morgantown (W. Va.) Dominion-News; correspondence between Senator RANDOLPH and Mr. Jervis Langdon, Jr., president of the Baltimore & Ohio Railroad.

By Mr. TALMADGE:

News release of Hubert F. Lee, editor of Dixie Business magazine, Decatur, Ga., relating to a list of great Americans.

ADDRESS BY SENATOR GOLDWATER AT CONCORD, N.H.

Mr. COTTON. Mr. President, on October 29, at Concord, N.H., a dinner was held for the purpose of starting a fund to establish a chair of governmental studies at New England College, in memory of our late beloved colleague, Senator Styles Bridges.

The address was given by the distinguished Senator from Arizona, BARRY GOLDWATER. To me, his address was an accurate and inspiring summation of the governmental philosophy of Styles Bridges, a philosophy which many of us share. I believe the speech is worthy of the attention of every Member of this Senate, and request unanimous consent that it be printed in the RECORD.

There being no objection, the address was ordered to be printed in the RECORD, as follows:

REMARKS OF SENATOR BARRY GOLDWATER AT NEW ENGLAND COLLEGE, CONCORD, N.H., OcTOBER 29, 1963

Only rarely is there such a perfect confluence of purpose and person as there is in an effort directed toward a new chair of Government studies and its dedication to the memory of Senator Styles Bridges.

Senator Bridges, as much as any man I have known and served with, understood order in man's affairs. He rejected it as a government. He knew it as a method of means of ordering men. He served in government as a citizen duly elected to represent his fellow citizens. He rejected and opposed those who see in such service an opportunity to rule, regulate, or regiment.

His life was, as our studies of government should be, dedicated to the central lesson, to the vital genius of the freedom which is the meaning of the American Revolution, the essence of the American experience, and the life of the American people.

Government is never an end in itself. Every form of public control is but a means toward human purposes. The state is made for and by men. Men are not molded for the state. The just state derives its just powers from the consent of the governed. Its powers are limited so that liberty may live. Its powers are balanced so that justice may prevail. Its powers are sufficient but they are decentralized so that difference may proceed without disorder.

In that concept, which is simply the concept of our own constitutional order, there is freedom's answer to tyranny's thrall over the minds of men, their property and their persons.

America's Government and America's freedom means just this: We consent to be governed. We do not elect to be ruled.

That was Styles Bridges' dedication and his life. Let it be, also, the life of our studies and the dedication of our students.

You are embarking upon this project at a time when the process of self-government, however, is profoundly challenged in the world at large and even in the will of some of our own people.

The reason is beyond momentary political aberrations or disturbances. The reason is that the sort of freedom we know in this land is an exception in the long story of mankind. It is a vibrant chapter but not a title or a theme.

The reason is that this sort of freedom is strenuously demanding, not comfortably selfsustaining. Men, before, have wearied of such demands and have sought comforts instead. Men, before, have lost patience with freedom's deliberations and have sought instead the forced efficiency of faceless authoritarianism.

Impatient men, as well as power-seeking men, may choose such paths. Tyranny wears many masks.

In the Communist world it wears the mask of an irrational world view which has declared and wages unalterable war upon all other views and versions of man and his world.

In the free world it may wear the mask of political efficiency righteously demanding the perfection of its programs and recklessly spending the freedom of its citizens to pay for it.

Only the shortsighted will make of the tensions in America's own system a purely partisan matter. There is partisanship, to be sure, but it is of a new order and a new dimension. It is not the partisanship of party against party, at its essence. It is the partisanship of balance against imbalance, of decentralization against centralization, of deliberation against dictation.

And it is of only that order of partisanship that I wish to speak tonight. I do it in confidence that the political affiliations we may share, or in which we may differ, still permit a wide degree of agreement on some fundamental problems. If, on the other hand, we disagree, then party labels are not the reason. Philosophies of government are.

Since the War Between the States, the American political system has experienced seismic rumblings at two levels.

At one level, the ground has shifted seriously and significantly beneath the structure of State powers. These powers, the fuel for the Federal system itself, have been siphoned off into the National Government, the Central Government-to the Capital in Washington and away from the State capitals.

The shift is shared both by those who do not jealously guard and wisely use their local power and by those who, from the outside, attack it in the name of central planning.

The results are often described most broadly as overconcentration of power in the central authority. But there are other and more subtle effects to which we have, I feel, given too little attention.

There is, for instance, a distinct cultural loss. The structure of the Federal system, with its 50 separate State units, has long permitted this Nation to nourish local differences, even local cultures. Technological standardization may have done more than anything else to level them off but, still, in the structure of State power there has always been the guarantee that some minorities could preserve their dissident voices, in the local forums. And from those dissident voices have come the continual enrichment of our national debates, our national ways.

Or, we might look upon the 50 States as 50 laboratories in which men, in their own and local ways, test and probe the ways of civil government, developing new tools and techniques and, above all, developing their own skills. Those that develop well become available to the Nation as a whole. Those that fail or are warped in ways that make them unsuitable to the Nation as a whole, can be buried in their own backyards.

There are those who say that the cost of 50 governments is too great to bear in this supposedly complex age. And yet, how better to meet complexity than with a diversity of resource? And how can we measure the cost of what we gain from our States against any scale of dollars that might be rechanneled and centralized as a result of weakening State responsibilities? The ledger sheet that the structure of State power must satisfy is the well-being and the freedom of the people who live in those States.

Regard for the Federal system, and the 50 States that make it a system, is first of all a regard for the due process of law as a fundamental of political order. It is a regard also for the wisdom of the people themselves. It is confidence in their ability to use that wisdom to solve their problems, in their own best ways.

The Federal system, with its base in the States, tolerates many differences without, of course, tolerating impairment of nationally agreed freedoms. It does not demand, in other words, that all citizens adopt a single best answer to any problem-but it does tend to prevent them from adopting any single worst answer.

But the decline of State power is by no means the only shift in the political ground upon which our freedom has been built.

Although it may not as dramatically burst out in the headlines as does the tension between the Central Government and State government, the tension, the veritable warfare between the legislative and executive branches of Government presents a major disturbance in the ground of freedom today.

Again, the factors involved must be shared between those who would give legislative powers away and those who would take them away. Only recently, a colleague of mine in the U.S. Senate flatly described the legislatures of America-all of them, State, local, national-as the major stumbling block in the democratic process.

The charge is fantastic. What it says is that representative government-which is the essence of freedom itself-is the enemy of freedom. And the solution which my col

league offered was as fantastic. He said that an increase in executive power would be the answer-an increase in the very centralization of power which always has been contrary to broadly based democratic processes.

After hearing such a statement as that, I can assure you that I view the teaching of governmental history as an urgent task.

The whole history of freedom has been simply the history of resistance to the concentration of power in Government. Over three decades, however, our own resistance to such concentration has been less than complete. The growing imbalance between legislative and executive powers attests to that and proves it.

The power of Congress to initiate legislation has slowly passed to the Executive. It has become increasingly difficult for Congress to say "no" to the major items of a President's legislative agenda.

The Congress may represent the people directly, but the Executive has found ways to reach them even more effectively, even if indirectly.

Into executive agencies, for instance, has flowed a vast power for public relations, for public pronouncements. The pocketbook powers of patronage have flowed to it also. Vast contracts make the executive branch a far-from-silent partner in many enterprises. Its appeal need no longer be to reason alone. It can appeal also to power.

Meantime, the Congress has become inhibited. Men who are elected to represent the people find themselves the targets of abuse when, in representing them, they oppose major legislative programs. They are called "do nothing" representatives. Actually, by such resistance they may be be representing the actual wishes of their doing the very best job they can and may

constituents perfectly.

Today the great debates in Congress rarely concern the truly significant questions of discontinued, what the general purposes and whether a program should be initiated or goals of our foreign policy should be, what major goals we should set for our Defense Establishment, what principled guidelines we should establish for economic growth and security.

When Congress debates such matters, the restless Executive whispers and then shouts that time is being wasted. Too many people have listened to the criticism without analyzing it. Too many echo it.

Congress, more and more, simply concerns itself with the question of how much.

Foreign aid is a perfect example. Not once have we as a nation paused to debate the great issue of a doctrine to truly and surely guide our programs. There is no such doctrine. There are, instead, flurries of programs. And the flurries of debate that attend them are not on "why" and "how little." "whether," but only on "how much" or

The Senate's record in treatymaking is no more impressive. It has rejected only two treaties since the end of the First World War. It would be comforting to say that the reason is simply that every treaty has been a good one. It would be far more practical, however, to probe our conscience to see if the reason has not been a rubberstamp syndrome in which the Senate simply feels it must not, out of some awed deference for the presidency, exercise its full partnership in these grave matters.

There can, for instance, be no truly bipartisan foreign policy at all, if the Congress is asked to delegate its support after the fact of formulation but is never asked to participate in the process prior to that.

There has been a tendency to view the two trends toward centralization of Government power-the erosion of State power and the erosion of legislative power-as independent of one another. Actually, they are closely related. They are interrelated.

They

The problem and the interrelationship can be seen this way: The State governments and the Congress, by and large, stand together on one side of the battleline. face, across that battleline, the executive branch and, usually, the judiciary branch, the Supreme Court. Its decisions have clearly shown that it has no disposition whatsoever to support the States or the Congress against the Executive or to prevent the Congress from abdicating more and more of its powers despite the delegation of those powers to them by the Constitution itself.

The dynamics of the battle are clear in many instances. When the Court acts to subjugate State powers, the President feels obliged to use his powers to implement the decision. On that side of the battleline there is concerted action.

But, on the other side, even where Congress has the power to act in preservation of, or enhancement of State powers it has become reluctant to do so. On that side of the line there is no concerted action-there is, too often, not even the opportunity for action, so bogged has Congress become in executive proposals.

But, some say, if Congress will not reassert itself, why bother, why not just let the Executive go ahead and carry the ball? Or the question might be, "Is there any way in which the imbalance can be redressed?"

On that latter, I say there surely are ways. Congress can take positive actions to reduce the policymaking authority of the executive branch. It can restore to the States authority over policy areas now staked out by the Supreme Court. It can debate and decide fundamental questions of direction as well as details of program. I can, and should, submit legislative budgets on behalf of the Nation as a whole and not rely solely upon the massive, often unarguable budget of the executive branch. It can take care that all efforts to reform its procedures weakening, its ability and responsibility to be channeled toward strengthening, and not directly represent the people.

with executive rather than representative But, should it? What, again, is wrong

government?

First there is the danger of arbitrary government. Concentration of power in any single area tends to shrink competing centers of power capable of resisting arbitrary decisions. Should this erosion of balancing powers ever become final, those who would disagree with the Executive, for whatever reason, would not have to be consulted or considered. The politics of humane compromise would give way to the unchecked power of politicians.

Decisionmaking would become more and more secret. Already such secrecy has cast shadows on our governmental processes. But an open society demands and must have open decisions, open debate, open dissent, views. and open ways to illuminate conflicting

Finally, local self-government would stand no chance of survival in a system of executive government. Differences in policies, values, and beliefs would be submerged beneath the weight of national majorities which can hardly be expected to have the restraint necessary to allow diversity on important matters of public policy. Evolution of wise clashes between embattled local minorities policies would be replaced by a series of sharp and rampaging national powers.

To understand the greatness of America is to understand the greatness of our Federal system and representative, balanced government. To misunderstand it is to forsake it.

America is still just a moment, even if a glorious moment, in the long span of history. We have sustained the form of our Government, and the fruits of its freedom have sustained us, for nearly 2 centuries.

The burden of responsibility that such freedom places upon people never lessens.

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