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Pennsylvania GOP Fundraiser 7/24/90 [OA 8314]
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Pennsylvania GOP Fundraiser 7/24/90 [OA 8314]
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Speech Backup Chronological Files
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George H.W. Bush Presidential Records
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Speechwriting, White House Office of
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Speech File Backup Files
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Chron File, 1989-1993
OA/ID Number:
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13725-004
Folder Title:
Pennsylvania GOP Fundraiser 7/24/90 [OA 8314]
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G
26
20
6
6
(Lange/Cawley)
July 23, 1990
5:30 P.M.
[PHILAGOP.DOC]
PRESIDENTIAL REMARKS: PHILADELPHIA G.O.P.
FRANKLIN PLAZA HOTEL
TUESDAY, JULY 24, 1990
12:00 P.M.
Thank you. [Senators John Heinz and Arlen Specter].
Congressmen Curt Weldon and Larry Coughlin. Republican National
Committeewoman and my close friend, Elsie Hillman. Herb Barness,
your new Committeeman. Anne Anstine, State Chair. And Barbara
Hafer, Pennsylvania's next Governor. //
You know, we live in a remarkable age.
Isn't it wonderful, how everywhere you look in the world,
you see centralized bureaucracies crumbling -- the removal of
discredited, monolithic leadership -- and the inevitable
rejection of the stagnant, tired dogma of the past?
[[ But I'm not here to talk about the Democrats. // ]]
X
X
X
X
It's easy to understand why the Republican party held its
incyc Britanica
X
X
X
X
very first national convention here in Philadelphia -- and why
1989,
this was once the nation's capital. For three centuries now,
Philadelphia has shown the world the true meaning and measure of
freedom.
X
Here, William Penn founded a colony -- considered an
X
X
unusual, even impossible experiment back then -- where people of
7.660
diverse ethnic and religious backgrounds could live peacefully
together, free to work and worship as they chose.
And here, just X over a mile from where I stand, the
P.D.
X
Philly
Declaration of Independence and the American Constitution were
officer
2
signed. Documents the free world has always revered -- that now
inspire people newly-free, from Managua to Gdansk.
Those documents find meaning in the spirit of the people
that sustain them. So the appointment of a Supreme Court Justice
becomes one of the most serious responsibilities facing any
President. The Supreme Court must be guided by independent
minds. Its members are appointed for life, largely to keep them
above the flames of political passion.
CNN
So in nominating Judge David Souter for Senate confirmation
7/23
to fill the seat vacated X by Justice William Brennan, I believe
X
I'm recommending an individual with a strong, incisive,
encomentary thstory of
ALSO
supreme Court
The Oliver Wender Holines Revise
History of the S.C. 110/I,p.
independent devotion to interpreting the Constitution. He will
not legislate from the bench -- in fact I believe he reflects the
X
same convictions held by one of the first Justices of the
X
American Supreme Court -- a Philadelphian named James Wilson --
X
X
X
whose writings denied adventurous pronouncements on policy by the
Court.
And while I've nominated someone who I believe embraces the
basic values shared by all Americans, no single issue or position
has distracted me from the great responsibility of appointing a
Justice true to the life and spirit of the Constitution. In that
light, let me mention the key role Attorney General Dick
Thornburgh has played in the search. What an outstanding job
he's doing for the people of Pennsylvania, and the nation. //
As you know, this city's status as a focal point of freedom
-- a center of intellectual, economic, and humanitarian
3
development -- has been secured by three centuries of
revolutionary ideas.
Today, in this room, that spirit continues -- carried on by
those who believe in limited government, and the accountability
of leaders. You're showing the people of Pennsylvania that there
is a Republican alternative. A new American independence -- from
big government, from burgeoning bureaucracies, from the invasive
experiments of the big spenders.
There is room in the Republican Party for differences on
some issues -- but on principles, we stand united. Because there
is work to be done. And we Republicans know what works.
We believe that power has only one purpose: to help people.
We believe that America transcends adversity, and finds her
greatest strength, in diversity. We are, as we have always been,
a nation of quiet strength. Tolerance. Faith. And freedom.
So we seek this new American independence for the sake of
limited government that spends within its means -- and a new
agenda of unlimited empowerment for the individual.
Right now, the Congress and I are working hard to put
America's fiscal house in order -- to put the spending policies
that brought us to this point behind us.
Last January, I called for a Federal budget of just under
billion dollars. Well, since then, Congress has appropriated
Margaret
X5178
over 202 billion dollars. In fact, seven of the eight Democrat
appropriations bills have already surpassed the budget authority
we requested.
4
post
And while one of these bills was being reported out of
Nexis
committee, the members started humming The Battle Hymn of the
Republic" true story -- and then they broke into a verse of
6-13
B.A6
X
"Glory, Glory, Hallelujah" that dissolved into laughter.
Well, as long as spending runs out of control in Congress,
the joke is on the American people. There will be no glory until
the Congress shows some guts -- and stops spending money it
doesn't have. //
There's nothing patriotic or compassionate about building
ever-larger, ineffective, centralized bureaucracies -- and adding
to the deficit to pay for them.
All of us -- on both sides of the aisle, in all branches and
levels of government -- need to stop looking for new ways to
spend the people's money, stop measuring success by dollars spent
and bureaucracies built -- and start measuring our actions by how
well they empower people. Stop asking, "Are we spending enough"
-- and start asking, "Is it working."
And all of us, Republicans and Democrats, deserve and should
demand real budget reform -- through enhanced recission, a line-
item veto, and a balanced budget amendment. Last Tuesday, only
seven votes stood between victory and defeat in the House for
that balanced budget amendment. Well, this budget charade, these
fiscal follies, must end. //
In the hope for a better future, let me tell you about the
recent past. We believe that nothing is more precious than
America's children. So we put together Child Care Legislation to
5
put choice in the hands of all families, whether low- or middle-
income. We want to help families get the kind of child care they
want -- whether at home, at a church or synagogue, or from a
local child care provider.
Well, the Senate passed a more restrictive child care bill,
MBscully's
that takes choice out of the hands of parents, piles more red
tape on providers, and builds a bigger day-care bureaucracy --
at double the cost of our bill -- from 9 billion to 18 billion
dollars.
And then the House, deciding spending equals compassion,
outdid the Senate by tripling our request, to 29 billion dollars.
There you have a classic budget-busting bidding war. Another 20
over 605years
def-
billion dollars added to the deficit -- more than 10 percent of
$2005
the projected '91 budget deficit -- in just one bill.
54r#
lur
If you remember, I said "kinder and gentler" -- not
def.
"blinder and costlier." // But that wild spending habit is hard
to break:
wer from for
Our Emergency Assistance to Panama and Nicaragua -- after
kobtan
three long months, our 800 million dollar package had doubled in
cost -- not with emergency aid, but with over one billion dollars
of new, unrequested, unrelated domestic spending.
Our Educational Excellence Act -- designed to advance
anisallys
educational reform, reward achievement, and encourage
accountability and choice -- started at a cost of 400 million
Margargaret
dollars, but increased to 1.4 billion dollars, as costly and
mx5m8
unrelated changes were piled on -- more than tripling our
6
original request.
Well, it's time we left the tradition of runaway spending
behind. In the budget negotiations now underway, I'm encouraged
by the kind of cooperation we're seeing from both sides of the
aisle. I'm hopeful we can break away from this spending spiral
-- reach a real budget agreement -- and bring about meaningful
reform.
But there are clear differences between the parties -- and
when the voters understand those differences, we win.
Do the voters want a party that rewards excellence in
education and empowers local schoolboards and parents -- or the
Democrats who've empowered the Washington bureaucracy to limit
parental control in the lives of their children? We say, The
Republicans.
Do they want the empowerment of a million new private
homeowners -- or the same old Democrat welfare handouts that
stifle hope and devastate our cities? We say, The Republicans.
And do they want the empowerment of choice in child care --
in private centers, in churches, in consortiums, in homes? Or do
they want government-designed day-care centers to warehouse kids,
run out of Washington? The answer is clear: The Republicans.
You know, American working men and women, in an eight-hour
workday, work nearly three hoúrs just to pay their tax bill.
Every day -- your first three hours goes to taxes. [[ Thinking
about that can literally ruin your whole morning
]]
7
Remember that little old lady who used to run around
yelling, "Where's the Beef?" Well, we need legislators willing
to ask, "Where's the Pork!" // And the courage to "Just Say
No. //
Here in Pennsylvania, and across the country, we need
Republican leadership that understands the value of limited
government -- and the power of the people themselves.
X
X
X
You've already got two Republican U.S. Senators. Now,
Pennsylvania needs a Republican Governor. For education reform
Expaign
for mass transit and better highways -- and for better
X
X
government. Government that wouldn't take a 348 million dollar
inherited from Dick X Thornburgh's administration -- and
Y
obert
into X a projected one billion dollar deficit.
X
A
717) 787-1456
Pennsylvania needs Barbara Hafer. //
We need to keep the State Senate in Republican hands, under
om DIVCE State schiticol Party
X
the leadership of Bob Jubelier [Joo-bih-LEER]. We need State
Bruce
Political
Senators like X Joe Rocks here in Philly, and outstanding new
Republican challengers here and across the state. // And this
year, we have a chance to give Republican leadership back to the
X
State X. House of Representatives -- and make X. Matt Ryan the next
X
Speaker //
X
X
You know, Matt and John Perzel have been all over the state,
X
recruiting outstanding candidates. And the candidates for both
X
X
Houses are letting Pennsylvania know that there is an alternative
to the invasive, destructive tax-and-spend policies of the past.
8
Some may define empowerment as giving government more power
to control the people. But we in the Party of Lincoln understand
that empowerment means individual freedom -- and that government
exists to serve.
Those who still struggle in this society want opportunity,
not paternalism. A hand up, not a hand out. Not the servitude
of welfare and public warehousing -- but jobs, private property,
and prosperity. Nobody wants to be dependent. They want a new
declaration of independence.
So keep fighting for it, here in Philadelphia. Keep
reminding the people of Pennsylvania that we stand for good
government. They deserve nothing less.
Thank you. And may God bless the great Commonwealth of
Pennsylvania.
# # #
copy to POTUS
1/23 8pm
(Lange/Cawley)
July 23, 1990
8:00 P.M.
[PHILAGOP.DOC]
PRESIDENTIAL REMARKS: PHILADELPHIA G.O.P.
FRANKLIN PLAZA HOTEL
TUESDAY, JULY 24, 1990
12:00 P.M.
Thank you. [Senators John Heinz and Arlen Specter].
Members of Congress
Congressmen Curt Weldon and Larry Coughlin. Republican National
Committeewoman and my close friend, Elsie Hillman. Herb Barness,
your new Committeeman. Anne Anstine, State Chair. And Barbara
Hafer, Pennsylvania's next Governor. //
You know, we live in a remarkable age.
Isn't it wonderful, how everywhere you look in the world,
you see centralized bureaucracies crumbling -- the removal of
discredited, monolithic leadership -- and the inevitable
rejection of the stagnant, tired dogma of the past?
[[ But I'm not here to talk about the Democrats. // ]]
It's easy to understand why the Republican party held its
very first national convention here in Philadelphia -- and why
this was once the nation's capital. For three centuries now,
Philadelphia has shown the world the true meaning and measure of
freedom.
Here, William Penn founded a colony - -- considered an
unusual, even impossible experiment back then -- where people of
diverse ethnic and religious backgrounds could live peacefully
together, free to work and worship as they chose.
And here, just over a mile from where I stand, the
Declaration of Independence and the American Constitution were
2
signed. Documents the free world has always revered -- that now
inspire people newly-free, from Managua to Gdansk.
Those documents find meaning in the spirit of the people
that sustain them. So the appointment of a Supreme Court Justice
becomes one of the most serious responsibilities facing any
President. The Supreme Court must be guided by independent
minds. Its members are appointed for life, largely to keep them
above the flames of political passion. No single issue or
position has distracted me from the great responsibility of
appointing a Justice true to the life and spirit of the
Constitution.
So in nominating Judge David Souter for Senate confirmation
to fill the seat vacated by Justice William Brennan, I believe
I'm recommending an individual with a strong, incisive,
independent devotion to interpreting the Constitution. He will
not legislate from the bench -- in fact I believe he reflects the
same convictions held by one of the first Justices of the
American Supreme Court -- a Philadelphian named James Wilson --
whose writings spoke against adventurous pronouncements on policy
by the Court.
I've nominated David Souter because I believe his
combination of education, experience, and sound judgment will
serve the Court well. He will be a strong ally for America in
the battle against crime and drugs. He is a man of great
judgment -- I believe he will be a great Justice.
3
In that light, let me mention the key role Attorney General
Dick Thornburgh has played in the search. What an outstanding
job he's doing for the nation, and the people of Pennsylvania. //
This city and state have always stood as a focal point of
freedom -- a center of intellectual, economic, and humanitarian
development, through three centuries of revolutionary ideas.
Today, in this room, that spirit continues -- carried on by
those who believe in limited government, and the accountability
of leaders. You're showing the people of Pennsylvania that there
is a Republican alternative. A new American independence -- from
big government, from burgeoning bureaucracies, from the invasive
experiments of the big spenders.
There is room in the Republican Party for differences on
some issues -- but on principles, we stand united. Because there
is work to be done. And we Republicans know what works.
We believe that power has only one purpose: to help people.
We believe that America transcends adversity, and finds her
greatest strength, in diversity. We are, as we have always been,
a nation of quiet strength. Tolerance. Faith. And freedom.
So we seek this new American independence for the sake of
limited government, that spends within its means -- and a new
agenda of unlimited empowerment for the individual.
Right now, the Congress and I are working hard to put
America's fiscal house in order -- to put the spending policies
that brought us to this point behind us.
4
[Of the eight appropriations bills that have passed the
House, our Federal budget called for just under 188 billion
OK
dollars. Well, Congress has appropriated over 202 billion
taek
Keefer
dollars.] In fact, seven of the eight Democrat-controlled House
appropriations bills have already surpassed the budget authority
we requested.
While one of these bills was being reported out of
committee, the members started humming "The Battle Hymn of the
Republic" -- true story -- and then they broke into a verse of
"Glory, Glory, Hallelujah" that dissolved into laughter.
Well, as long as spending runs out of control in Congress,
the joke is on the American people. There will be no glory until
the Congress shows some guts -- and stops spending money it
doesn't have. //
There's nothing patriotic or compassionate about building
ever-larger, ineffective, centralized bureaucracies -- and adding
to the deficit to pay for them.
All of us -- on both sides of the aisle, in all branches and
levels of government -- need to stop looking for new ways to
spend the people's money -- stop measuring success by dollars
spent and bureaucracies built -- and start measuring our actions
by how well they empower people. We have to stop asking, "How
much are we spending" -- and start asking, "Is it working."
And all of us, Republicans and Democrats, deserve and should
demand real budget reform -- through enhanced recission, a line-
item veto, and a balanced budget amendment. Last Tuesday, only
5
seven votes stood between victory and defeat in the House for
that balanced budget amendment. Well, this budget charade, these
fiscal follies, must end. //
In the hope for a better future, let me tell you about the
recent past. We believe that nothing is more precious than
America's children. So we put together Child Care Legislation to
put choice in the hands of all families, whether low- or middle-
income. We want to help families get the kind of child care they
want -- whether at home, at a church or synagogue, or from a
local child care provider.
Well, the Senate passed a more restrictive child care bill,
that takes choice out of the hands of parents, piles more red
tape on providers, and builds a bigger day-care bureaucracy --
at double the cost of our bill -- from 9 billion to 18 billion
dollars.
And then the House, deciding spending equals compassion,
outdid the Senate by tripling our request, to 29 billion dollars.
There you have a classic budget-busting bidding war. Another 20
billion dollars added to the deficit over the next five years.
If you remember, I said "kinder and gentler" -- not
"blinder and costlier.' //
But that wild spending habit is hard to break:
Our Emergency Assistance to Panama and Nicaragua -- after
three long months, our 800 million dollar package had doubled in
cost -- not with emergency aid, but with over one billion dollars
of new, unrequested, unrelated domestic spending.
6
Our Educational Excellence Act -- designed to advance
educational reform, reward achievement, and encourage
accountability and choice -- started at a cost of 400 million
dollars, but increased to 1.4 billion dollars, as costly and
unrelated changes were piled on -- more than tripling our
original request.
Well, it's time we left the tradition of runaway spending
behind. In the budget negotiations now underway, I'm encouraged
by the kind of cooperation we're seeing from both sides of the
aisle. I'm hopeful we can break this spending spiral -- reach a
real budget agreement -- and bring about meaningful reform.
But there are clear differences between the parties -- and
when the voters understand those differences, we win.
Do the voters want a party that rewards excellence in
education and empowers local schoolboards and parents -- or the
Democrats who've empowered the Washington bureaucracy to limit
parental control in the lives of their children? We say, The
Republicans.
Do they want the empowerment of a million new private
homeowners -- or the same old Democrat welfare handouts that
stifle hope and devastate our cities? We say, The Republicans.
And do they want the empowerment of choice in child care --
in private centers, in churches, in consortiums, in homes? Or do
they want government-designed day-care centers to warehouse kids,
run out of Washington? The answer is clear: The Republicans.
7
You know, American working men and women, in an eight-hour
workday, work nearly three hours just to pay their tax bill.
Every day -- your first three hours goes to taxes. [[ Thinking
about that can literally ruin your whole morning
]]
Remember that little old lady who used to run around
yelling, "Where's the Beef?" Well, we need legislators willing
to ask, "Where's the Pork!" // And the courage to "Just Say
No. " 11
Here in Pennsylvania, and across the country, we need
Republican leadership that understands the value of limited
government -- and the power of the people themselves.
You've already got two Republican U.S. Senators. Now,
Pennsylvania needs a Republican Governor. For education reform
-- for mass transit and better highways -- and for better
government. Government that wouldn't take a 348 million dollar
surplus inherited from Dick Thornburgh's administration -- and
turn it into a projected one billion dollar deficit.
Pennsylvania needs Barbara Hafer. 11
We need to keep the State Senate in Republican hands, under
the leadership of Bob Jubelier [Joo-bih-LEER]. We need State
Senators like Joe Rocks here in Philly, and outstanding new
Republican challengers here and across the state. 11 And this
year, we have a chance to give Republican leadership back to the
State House of Representatives -- and make Matt Ryan the next
Speaker. //
8
You know, Matt and John Perzel have been all over the state,
recruiting outstanding candidates. And the candidates for both
Houses are letting Pennsylvania know that there is an alternative
to the invasive, destructive tax-and-spend policies of the past.
Some may define empowerment as giving government more power
to control the people. But we in the Party of Lincoln understand
that empowerment means individual freedom -- and that government
exists to serve.
Those who still struggle in this society want opportunity,
not paternalism. A hand up, not a hand out. Not the servitude
of welfare and public warehousing -- but jobs, private property,
and prosperity. Nobody wants to be dependent. They want a new
declaration of independence.
So keep fighting for it, here in Philadelphia. Keep
reminding the people of Pennsylvania that we stand for good
government. They deserve nothing less.
Thank you. And may God bless the great Commonwealth of
Pennsylvania.
# # #
:The TICKET CENTER
; 7-20-90 :11:29AM ; LEGISLATIVE AFFAIRS-
2024566218;# 5
Legislative affaire
comments
4
commitment to funding only programs that work.
But until that day comes, we must continue to work for real
budget reform -- through enhanced recission, a line-item veto,
1
and a balanced budget amendment. Last Tuesday only /7y votes
ok
stood between victory and defeat in the House for that balanced
budget amendment. The American people deserve a government that
harch 13
spends within its means. This budget charade, these and fiscal
the
follies, must end.
11
February March
friend the request 13
the
Let me give you an example. Back in February, I requested
March III
sness lusi
$800 million in dire emergency funds for immediate assistance to
snowing guantat.
the new governments of Nicaragua and Panama. These fragile
democracies needed American help after being bankrupted by
ed? ?
totalitarian regimes.
Maysed 25
nearly
2/6-5/24
Well, it took Congress three long months 100 days 1
more than
to act. When the bill finally came back, it had, doubled in cost
416
1
-- not with emergency aid, but with over one billion dollars of
(but a
new, unrequested domestic spending. For three months, the hard-
won, fragile freedom of the brave people of Nicaragua and Panama
lot of
It ovra)
swayed in the balance while Congress calculated how long it could
and all
hold the bill hostage -- and how much pork it could load on.
offert
If you remember, I said "kinder and gentler" -- not
Eacypt 2
"blinder and costlier." But that wild spending habit seems to
$1.96
affect everything the Democrats do:
the HB today House VSIB Democrats
*
Our Excellence in Education Act
tripled with unnecessary,
DAVIS?
the cost
unrelated and expensive additions.
Our Crime Bill made more costly, and less effective.
?
'we support the Sunte bill - Horse hasn't acted fet
this may be coverthproductive removed we recommend
this enime Bill reference be
x
Senate bill OK
Pennsylvania GOP
Tom Druce (717)234-4901
Exee Dir, State Committee
Joe Waldholtz Elsie Hillmans (412)471-8312 office (RNC Committewoman)
Republican State Committee of Pennsylvania
P.O. Box 1624
Harrisburg. PA 17105
Services of Mead Data Central
PAGE
18
2ND STORY of Level 1 printed in FULL format.
Copyright (c) 1990 The Washington Post
July 13, 1990, Friday, Final Edition
SECTION: FIRST SECTION; PAGE A6
LENGTH: 619 words
HEADLINE: House Panel Busts Budget
but Patriotically
SERIES: Occasional
BYLINE: Dan Morgan, Washington Post Staff Writer
BODY:
Legislators had busted President Bush's 1991 budget before, but never on such
a patriotic note as yesterday.
First humming, then singing the chorus from "The Battle Hymn of the
Republic," members of the House Appropriations Committee passed a $ 170 billion
education, labor, health and human services spending bill that exceeded the
White House budget request by $ 4.2 billion and reserved another $ 8.9 billion
to pay for other programs to be added.
The humming started when the committee's top Republican, Rep. Silvio 0. Conte
(Mass.), called the measure "America's bill." When Conte kept on about the needs
of the poor and disadvantaged in this period of hot dogs and the Fourth of July,
committee ranks broke into "Glory, Glory, Hallelujah."
The singing died out quickly amid laughter, but the moment epitomized this
summer's budget quandary. As "summit" talks on the budget deficit drag on, a
united front of Republicans and Democrats in Congress is well on its way to
presenting the White House with a stack of appropriations bills that reflect
Congress's spending priorities, not the president's.
Four of the seven appropriations bill reported out of the committee have
July12
two
weeks
substantially exceeded the White House budget. Yesterday the full House, by a
ago
vote of 385 to 31, passed a $ 30.9 billion transportation bill that topped the
White House figure by $ 4.2 billion.
To keep the overall budget figure in line with the White House request, these
domestic spending bills assume a dividend from much deeper cuts in defense
spending than Bush wants, and use half-year-old estimates of the 1991 budget
deficit that do not take into account the higher interest rates and economic
slowdown of recent months.
But among Democrats and Republicans in Congress, a bandwagon appears to be
developing to vote money for projects, programs and home districts and worry
about the funding problems later.
Speaking on the House floor yesterday in support of the transportation bill,
Rep. Tom DeLay (R-Tex.) said, "I grow a little weary of calling our bill full of
pork
To call our transportation system pork barrel would be like calling
our own blood vessels and aortas pork."
lets
ourspelves,
remember WHERE'S THE BEEF.
Where's the Pork?
LEXIS® NEXIS® LEXIS® NEXI
ervices of Mead Data Central
PAGE
19
(c) 1990 The Washington Post, July 13, 1990
DeLay noted that he is "one of the most conservative members of the House."
The bill cleared by the Appropriations Committee yesterday clearly reflected
the sentiment to beef up spending on health and education. It increases federal
spending on education to a record $ 26 billion, $ 3 billion more than the
current year. Within that, financial assistance to needy students rises by $ 692
million, and programs for disadvantaged and migrant school children is increased
by $ 1 billion.
In other parts of the bill, spending for AIDS rises by $ 200 million to $
1.7 billion, and the National Institutes of Health garners $ 1 billion more than
this year. At the same time, the committee reserved $ 8.9 billion to cover
appropriations later in the session for programs wanted by Congress and the
president. These include an expanded but still unauthorized 1991 Head Start
pre-school program, a new program of child care, assistance to communities
impacted by the AIDS epidemic, school improvement and breast and cervical cancer
screening.
Along with funding these social needs, spending bills moving through the
House also contain money for projects that Bush and many lawmakers 522 as
essential to maintain a U.S. advantage in scientific research. The labor, health
and education bill allocates $ 66.1 million to the NIH gene mapping program -
$ 36.8 million less than the president wanted. And the transportation bill
included $ 12 million to begin developing a magnetic levitation train to replace
traditional wheel-on-rail trains.
TYPE:
NATIONAL NEWS
SUBJECT:
BUDGET; HOUSE OF REPRESENTATIVES; POLITICAL PARTIES; ACQUIRED IMMUNE DEFICIENCY
SYNDROME
NAMED-PERSONS:
GEORGE BUSH; SILVIO 0. CONTE; TOM DELAY
LEXIS® NEXIS® ® LEXIS® NEXIS®
* P.5: nearly $350
surplus ($348)
17:00
(Lange/Cawley)
July 18, 1990
7:25 P.M.
[PHILAGOP.DOC]
PRESIDENTIAL REMARKS:
PHILADELPHIA G.O.P.
FRANKLIN PLAZA HOTEL
TUESDAY, JULY 24, 1990
[time]
Thank you. Senators John Heinz and Arlen Specter
Republican National Committeewoman and my close friend, Elsie
Tom Druce
Hillman
Herb Barness, your new Committeeman, and Anne Anstine
+Hafer
State Chair
You know, we live in a remarkable age.
Isn't it wonderful, how everywhere you look in the world,
you see centralized bureaucracies crumbling -- the removal of
discredited, monolithic leadership -- and the inevitable
rejection of the stagnant, tired dogma of the past?
[[ But I'm not here to talk about the Democrats. // ]]
It's a great pleasure to be here. And it's easy to
understand why the Republican party held its very first national
once the
Encycl. here in Philadelphia -- and why this was the first
1989, p.661
nation's capital. Because for three centuries now, Philadelphia
has shown the world the true meaning and measure of freedom.
489 Encyc Brit Here, William Penn founded a colony -- considered an
p. 660 unusual, even impossible experiment back then -- where people of
diverse ethnic and religious backgrounds could live peacefully
together, free to work and worship as they chose.
a litte over
Here, less than a mile from where I stand, the Declaration
Philly Police
Dept.
of Independence and the American Constitution were signed.
ofer. Mander der Documents the free world has always revered -- that now inspire
2
people newly-free, from Managua to Gdansk.
But over the years since those documents were signed,
Philadelphia has continued to make history. For here it was that
incyc. 1989-p.663 Britannica
leaders committed to the abolition of slavery did their work.
Immigrants of every description were encouraged to begin new
ullivan Princip Blives. The first principles shaping a code of conduct for
gv.Sullivan
(215)
American companies in South Africa were drafted.
In fact, this city's status as a focal point of freedom -- a
center of intellectual, economic, and humanitarian development
-- has been secured by three centuries of revolutionary ideas.
Today, in this room, that spirit continues -- carried on by
those who believe in limited government, and the accountability
of leaders. You're showing the people of Pennsylvania that there
is a Republican alternative. A new American independence -- from
big government, from burgeoning bureaucracies, from the invasive
experiments of the tax-and-spenders.
There is room in the Republican Party for differences on
some issues -- but on principles, we stand united. Because there
is work to be done. And we Republicans know what works.
We believe that power has only one purpose: to help people.
We believe that America transcends adversity, and finds her
greatest strength, in diversity. We are, as we have always been,
a nation of quiet strength. Tolerance. Faith. And freedom.
So we seek this new American independence for the sake of
limited government -- and unlimited empowerment.
The other party has taken too much for granted, for too
THE WHITE HOUSE
long. They seem to believe WASHINGTON voters will have infinite patience
for the failed, tax-and-spend policies of the past.
Down in Washington, in the "House the Democrats Built," four
of the seven Democrat appropriations bills have already busted
one
our budget. And while a Democrat was praising one of these
vexis wash 6-13. post PA6 90
deficit-builders, calling it "America's Bill," the members
started humming "The Battle Hymn of the Republic" -- true story
-- and then broke into a verse of "Glory, Glory, Hallelujah" that
dissolved into laughter.
Well, as long as tax-and-spend Democrats control Congress,
the joke is on the American people. There will be no glory until
the Congress shows some guts -- and stops spending money it
doesn't have and didn't earn. //
There's nothing patriotic or compassionate about building
ever-larger, ineffective, centralized bureaucracies -- and adding
to the deficit to pay for them.
Right now, we're trying to work out a budget agreement.
I told the Congress, and the American people, that I was willing
to put everything on the table to keep those budget talks going.
But Congress is still looking for new ways to spend the
people's money -- and new ways to get more of it. Still
measuring success by dollars spent and bureaucracies built.
Still asking, "Is it enough instead of "Is it working."
If we had a Congress as obsessed with reducing spending as
it is with gaining revenues, we wouldn't be in this mess. If we
had a Republican-controlled House and Senate, we'd have a
THE WHITE HOUSE
commitment to funding only WASHINGTON programs that work.
But until that day comes, we must continue to work for real
budget reform -- through enhanced recission, a line-item veto,
and a balanced budget amendment. Last Tuesday only [7] votes
stood between victory and defeat in the House for that balanced
egis-aff
X
budget amendment. The American people deserve a government that
spends within its means. This budget charade, these fiscal
follies, must end. //
March
Let me give you an example. Back in February, I requested
om OMB scully
$800 million in dire emergency funds for immediate assistance to
the new governments of Nicaragua and Panama. These fragile
democracies needed American help after being bankrupted by
totalitarian regimes.
Well, it took Congress three long months -- 108 days --
someay
to act. When the bill finally came back, it had doubled in cost
ONLY
-- not with emergency aid, but with over one billion dollars of
new, unrequested domestic spending. For three months, the hard-
won, fragile freedom of the brave people of Nicaragua and Panama
swayed in the balance while Congress calculated how long it could
hold the bill hostage -- and how much pork it could load on.
If you remember, I said "kinder and gentler" -- not
"blinder and costlier." But that wild spending habit seems to
affect everything the Democrats do:
Educational Excellence Act
Tom scully- OMB
Our Excellence in Education Act -- tripled with unnecessary,
unrelated and expensive additions.
Our Crime Bill -- made more costly, and less effective.
THE WHITE HOUSE
WASHINGTON
Tow South
Our Foster Care program less than 50 cents of every
dollar spent actually maintains a child in foster care, in spite
of our appeals to Congress for cost reform.
And our Child Care legislation -- tripled in cost, to take
Tom ONB swilly.
choice out of the hands of parents, pile more red tape on
providers, and build larger, federally-controlled day-care
centers to warehouse kids.
You know, the average American, in an eight-hour workday,
(at Mr "ski
works nearly three hours to pay their tax bill. Every day --
your first three hours goes to taxes. [[ Thinking about that can
literally ruin your whole morning
]] And with every tax
increase since World War II, the Congress has spent $1.58 for
Document each new dollar in revenue.
Remember that little old lady who used to run around
yelling, "Where's the Beef?" Well, we need legislators willing
to ask, "Where's the Pork!" // And the courage to "Just Say
No. " //
Here in Pennsylvania, and across the country, we need
Republican leadership that understands the value of limited
government -- and the power of the people themselves.
You've already got two Republican U.S. Senators. Now,
Pennsylvania needs a Republican Governor. For education reform
tafer articles
-- for mass transit and better highways -- and for better
government. Government that wouldn't take a 350 million dollar
promise
surplus inherited from Dick Thornburgh's administration -- and
bruckbins
turn it into a projected one billion dollar deficit.
Robert Bittenbender 787
PA Hse Appropr. committee
(former Thornburgh aide)
#surplus = #348M
deficit projected for yr; legislative
Acpublicans have becausing this foure for a long time now its taken on
THE WHITE HOUSE
WASHINGTON
Pennsylvania needs Barbara Hafer.
State
TP's from
We need to keep the Senate in Republican hands, under the
Bruce Stebbins
leadership of Bob Jubelier. We need State Senators like Joe
Rocks here in Philly, and outstanding new Republican challengers
here and across the state. // And this year, we have a chance
to give Republican leadership back to the State House of
Representatives -- and make Matty Ryan the next Speaker. //
Trom
You know, Matty and John Perzel have been all over the
Stebrins,
state, recruiting outstanding candidates. And the candidates for
both Houses -- and all of you here today -- are letting
Pennsylvania know that there is an alternative to the invasive,
destructive tax-and-spend policies of the Democrats.
They define empowerment as giving government more power to
control the people, and their lives. But we in the Party of
Lincoln understand that empowerment means individual freedom --
and that government exists to serve.
Those who still struggle in this society want opportunity,
not paternalism. A hand up, not a hand out. Not the servitude
of welfare and public warehousing -- but jobs, private property,
and prosperity. Nobody wants to be dependent. They want a new
declaration of independence.
So keep fighting for a new American independence from the
big spenders, here in Philadelphia. Keep reminding the people of
Pennsylvania how we stand for good government. They deserve
nothing less.
Thank you. And God bless the great state of Pennsylvania.
JUL 23 '90 9:37
PAGE 01
OFFICE OF
PRESIDENTIAL ADVANCE
COVER PAGE
TO: Carolyn
FROM: Dranie Harrison
TOTAL NUMBER OF PAGES:
3
(including cover page)
DATE: 7-23-90
TIME:
MESSAGE:
Headtable Dragram
Luncheon for PA GOP Fundraising
IF YOU HAVE ANY QUESTIONS OR PROBLEMS WITH THE TRANSMISSION PLEASE CALL.
TELEPHONE NUMBER:
JUL 23 '90 9:37
PAGE. 02
PHILADELPHIA, PENNSYLVANIA
Wyndham Franklin Plaza Hotel
Fundraising Lunchaon for Pennsylvania GOP
Date Distram
Tuesday, July 24, 1990
Audience
Podium
12345678
9 10 11 12 13 14 15 16
II
Stage Left
Stage Right
1. Mario Male
Suu Finance Chairman
3. Invocation Speaker
3. Rep. Harold Mowery
Candidate for LL Governor and State House Member
4.
EinestPreate -state Attorney General
S.
Asse-Amstine
Sexes Chairman
- Drew Lewis
6.
Gan
Anne anstine, state Chairman
State-Amerracy Control
7. Securior John Heinz
8. Herbert Burness
National Committeemen
9. Sensior Robert Subelises
President, Pro Tem of Senate
10. THE PRESIDENT
11. Barbare Hafer
Gubernatorial Candidate and State Auditor General
12. Rep. Mathew Ryan
Republican Leader of State House
13. Elise Hillman
National Committieswomen
14. Senator Arten Specter
15, Ron Castille
District Attorney for Philadelphia
16. William Lamb
Vice Chairman of State Party
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF ADMINISTRATION
Bob Holstee
(717) 783-3085
Atty General Ernie Preate's office
Contact for info on Erriie
JULY 23, 1990
MEMORANDUM
TO: Langer
FROM: CC
RE: Dollar figures per POTUS comments - Philly GOP
I. CHILD CARE
- The Administration proposed new child care legislation
that would cost about # 9B over 5 years.
- - The Senate passed bill is roughly couble this : $18.53;
The House passed live is almost triple: $29 B
- - - - Kolstad
When spuch: we proposed new child care legislation, based on our belief billion that in there
is nothing more precious than Americas children, we asked for $ 9 the hands
funding, spread over 5 years. We proposed a bill that put choice in kind of
all families, whether low- or middle income, by helping them get the of
child care they wanted -- at home, at church, or from a local child care provider.
The Senate passed a child -care bill at double the money -- $18 billion
and the House outdid the senate by tripling our request to $29 billion.
In short, we started at $9 Dillion and the last word from Congress
was $29 billion.
II. EDUCATION
Koletad In speech: April of 1989, our Administration sent to congress the
Educational Excellence Act. Our proposals would advance
education reform, reward achievement, and encourage
educational choice -- Yet as the bill moved through the
congress, some of its most sensible $ cost effective programs
were scrapped for tired, old $ expensive Democratic
substitutes. Almost one billion dollars worth of
unnecessary, unrelated, and costey changes were heaper on
top # of our original $ 400 million bill - - -totalling
1.4 billion, more than triple our orignal request.
III. WHOLE BUDGET
ONB is careing me back.
[Tom Bruce: X 3080]
2:00
Mon- 1/23
mark
1
MATT RYAN (not Matty)
2
ERNIE PREATE (Pree-ate)
Attorney General
Very active in war on drugs;
reformed
wrote, sponsored & enacts 20+ newlyAdrug laws
woh big expansion in anti-drug programs
- $90M in new money, including funds
for "Operation Pearl" - where POTUS is
going after lunch.
has expanded municipal Task Force programs. The matches
federal funds, then pays for the overtime work of local
police officers serving on these Task Forces. Very effective -
lots o' arvests. Also - state takes responsibility for
cops liability insurance; now, different counties jurisdictions
can share their manpower & have them insured. ( otherwise,
they theyre insured only on their own turf.)
Daniel Casse from ONDCP
Anys Preate has never missed an
apportunity to criticize the administrations
onone occasion on the WH lawn.
drug program - and, in fact, did so
SCULLY
FOREIGN POLICY
In February and March of 1990, the President requested $800
million in emergency assistance for the governments of Panama and
Nicaragua. Congress did not complete action on the measure until
May 24th. At a time when the economies of these nations were run
into the ground and the treasuries bankrupted by the Sandinista
and Noriega regimes, a delay in providng U. S. assistance added
to the frustration of the new democratic governments in
implementing economic recovery programs.
What did Congress do in the meantime? They added $.6
billion to the FY 1990 deficit by adding over $1.3 billion for
unrequested domestic discretionary programs.
Were the additions dire emergencies? Let's look at a few
examples:
Byrd ? No
$185 million for an FBI building that is not
expected to be built for five years.
Neal Smith
$6 million for a wildlife park in Iowa (a
No
provision that was not in either the House- or
Names
Senate-passed bills and was snuck in, in
conference).
Bumpers
NOAA
Language requiring the expenditure of $2.3
million for a catfish farm in Stuttgart,
(scean
Arkansas. No icians there
Inouye
$750,000 to buy a ferry vessel for American
Samoa.
Bradley
$500,000 earmarked for a lead storage battery
recycling project in New Jersey.
Traxler
$1.8 million for renovating a Great Lakes
research vessel in Michigan (not in either the
House- or Senate-passed bills).
Montgomery 'Vo
$371,000 earmarked for a research office in
Starksville, Mississippi.
In March of 1989, President Bush requested supplemental funds
for such programs as Veterans' Medical Care. It took Congress
three months to complete action on the "dire emergency"
supplemental. Among the unrequested programs funded in the bill
was $75 million for a telescope in West Virginia.
3120 Janet Hall
SCULLY
Foster Care Administrative Cost Reforms
In the FY 1987 and FY 1988 President's Budgets, the Administration proposed
appropriations language to stem the skyrocketing costs of foster care administrative
costs, pending later corrections to authorizing statute. Neither appropriation nor
authorizing corrections were made by the Congress, and as a result foster care
administrative costs continue out of hand. By FY 1991, administrative and training
costs will represent over 50 percent of foster care expenditures. Less than 50 cents of
&
every dollar spent on foster care will directly maintain a child in foster care. The
Federal Government reimburses expenditure claims of the District of Columbia of
$22,050 per child for administrative expenses, and $5,149 for maintenance payments -
it costs over four times as much to administer the program as to maintain a child in
foster care.
For FY 1991, the Administration has again proposed appropriations language to
stem the hemorrhage pending authorization language corrections. Let us hope that
the Congress finally addresses this crisis.
2,800 % cost growth since 1930.
No ERISA
SCULLY
"DIVERTING" TAXES TO FUND RAIL PENSIONS
1932 Rooswelt reform
The rail pension program administered by the Railroad Retirement Board, is the
only private sector pension included in federal law and administered by a federal
agency. When it was verging on bankruptcy in 1983, the rail pension was allowed to
keep the federal income taxes applied to the previously tax-exempt private pension
benefits. Recognizing the unprecedented nature of allowing federal taxes to
subsidize a private sector pension, Congress "limited" the diversion to $877 million
or 5 years - whichever came first. But then, Congress extended this subsidy in 1987
and again in 1989, claiming, in what is a classic example of "blue smoke and
mirrors", that it doesn't cost the government to continue the subsidy because it's
just a payment from one fund to another. Never mind that the taxpayer's money is
being used in place of private sector pension contributions. Now the rail sector is
again seeking Congressional extension of the tax diversion to the pension fund
through October 1991.
Since 1983, the income tax subsidies diverted from the federal government to the
Railroad Retirement Board have totaled $1.2 Billion, with the proposed extension
for 1991 costing an additional $550 million.
- Pres- sent Tp reform to
I Privatice under ERISH like all
other in dusing a
E Roduce federal person
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET®
ROUTE SLIP
TO Tom Scully
Take necessary action
Approval or signature
Comment
Prepare reply
Discuss with me
For your information
See remarks below
FROM Larry Matlack
DATE July 10, 1990
REMARKS
The President's FY 1990 budget and legislative
program was very slim for the Labor Department.
There were no major changes proposed in Building a
Better America except for deleting the Reagan
Administration's proposal to phase out TAA (if you
can believe that). In addition, we were successful
in beating back the egregious pension and
unemployment compensation provisions proposed in
reconciliation. Hence, we don't have a lot to
offer.
Note that the item on EEOC cites three years of
Congressional recalcitrance to make the numbers and
effect larger than they would be if only the time
on the Bush watch were cited.
The Davis-Bacon item is only recent. Last year
the Administration was on record supporting a
Stenholm proposal, but did not introduce its own
bill. The Davis-Bacon reform bill for FY 1991 was
transmitted in late April. Congress hardly has had
time to act on it (except to re-introduce reforms
of its own that would make the program worse than
it is now.)
SCULLY
HEAL
Despite repeated attempts to reform or phase-out HHS default-plagued Health
Education Assistance Loan Guarantee Programs (HEAL), the Congress has yet to take
the suggested actions to reduce the government's future exposure to defaults arising
from this ill-designed loan scheme.
HEAL - A Cute Name Attached to a Dog of a Program
Since its inception in 1976 as a Federal loan guarantee program of last resort for
health professions students, HEAL has insured over 100,000 loans, lending out over
$1.8 billion. Structured as a Ponzi scheme, HEAL relies on default-insurance
premiums from new loans to pay off defaults associated with old loans. This
maintains the facade of a self-financing arrangement, which invites the Federal
government to continue insuring loans. Defaults from each year's loans have been
out-running premiums since early in the program's history; if HEAL were to
continue, it would go bankrupt in FY92.
Attempts to Reduce Federal Liability Rebuffed
Many of the Reagan Administration's budget requests suggested methods for
improving HEAL, including requiring risk-sharing by lending and educational
institutions. The Congress repeatedly refused to take action to avoid the now-
impending insolvency, which the Administration was forecasting even then. The
FY91 President's Budget recommended that the Government's future liability from
this fatally-flawed program be reduced through the initiation of an orderly phase-
out of HEAL. To date, the Congress has not adopted the Administration's proposal.
JK1561
A42
V.1
pt-1
LAW
The Documentary History of
the Supreme Court of
the United States, 1789-1800
Volume One
Part 1
Appointments and Proceedings
With a Foreword by Warren E. Burger,
Chief Justice of the United States
Maeva Marcus, Editor
James R. Perry, Editor
James M. Buchanan, Associate Editor
Christine R. Jordan, Associate Editor
Stephen L. Tull, Assistant Editor
Sandra F. VanBurkleo, Assistant Editor
Sarah E. Blank, Assistant Editor
Nancy L. Matthews, Assistant Editor
Marc Pachter, Illustrations Editor
WHITE HOUSE LAW LIBRARY
Room 528
Executive Office Building
Washington, DC 20500
COLUMBIA UNIVERSITY PRESS
NEW YORK 1985
James Wilson: 1789
James Wilson: Appointment as
Associate Justice in 1789
Born in 1742 and raised on a farm in the shire of Fife, Scotland, James Wilson
nonetheless was well prepared for the intellectual challenges that lay ahead of him.
Wilson, whose parents wanted him to become a minister, received instruction in Latin,
Greek, mathematics, penmanship, and rhetoric at the local parish school. After gradu-
ating at the age of fourteen, he obtained a scholarship to attend the University of St.
Andrews. At the university's College of Saint Salvator, he studied Latin, Greek, math-
ematics, logic, moral philosophy, ethics, and natural and political philosophy and prob-
ably became familiar with the literature of the Scottish and English enlightenment. After
he finished four years of study at Saint Salvator's, Wilson, still determined to become
a minister, enrolled in Saint Mary's College, the school of divinity at the University of
St. Andrews.¹
Wilson's university career ended abruptly, however, with the death of his father. As
the oldest son among seven children, Wilson had to help support his family. He became
a tutor and seems to have remained one until his brothers could take over some of the
burden of providing for the family. Wilson moved to Edinburgh in the spring of 1765,
where he began a course in bookkeeping and accounting. But it was not long before
Wilson concluded that, for a person of his education and low social rank, greater op-
portunities existed in America. Friends and relatives of the Wilson family already had
crossed the ocean, and Wilson planned to make his way to Pennsylvania, where some
had settled, as soon as he could. In the fall of 1765, Wilson's ship arrived in New
York, and soon thereafter he continued on to Philadelphia.²
Wilson received an appointment as tutor at the College of Philadelphia, but he ap-
parently decided that the study of law would lead to greater advancement in Pennsyl-
vania. With financial help from his cousin, Robert Annan, Wilson in 1766 began to
read law in the office of John Dickinson.3 Less than a year later, Wilson moved to
Reading, seat of Berks County, and began to practice law there. In November, 1767,
he expanded his practice by gaining admission to the bar of neighboring Lancaster
County. Two years later, the Supreme Court of Pennsylvania admitted Wilson to its
bar. Meanwhile his practice in Reading continued to grow, but Wilson thought that
even better prospects existed at Carlisle, in Cumberland County, so he moved there in
James Wilson by Jean Pierre Henri Elo
the fall of 1770. At Carlisle his law practice thrived, he bought a home, and on No-
Courtesy National Museum of Ameri
vember 5, 1771, he married Rachel Bird, whom he had been courting for several
chase.
years.⁴
Soon after his marriage, Wilson became immersed in patriot politics. His appoint-
ment in July, 1774, as head of the Carlisle committee of correspondence and election
legislative authority over the Colonies-
to the first provincial conference at Philadelphia launched his participation in the events
utation grew, both in America and Er
leading up to the revolution. In 1774, Wilson revised and published a manuscript he
meeting of the provincial conference, V
had written in 1768, Considerations on the Nature and Extent of the Legislative Authority of
as a delegate to the next Pennsylvania
the British Parliament, in which he concluded that in no instance did Parliament have
ment of this second meeting in Janua
James Wilson: 1789
45
pointment as
e in 1789
: shire of Fife, Scotland, James Wilson
ctual challenges that lay ahead of him.
a minister, received instruction in Latin,
at the local parish school. After gradu-
holarship to attend the University of St.
Salvator, he studied Latin, Greek, math-
tural and political philosophy and prob-
cottish and English enlightenment. After
r's, Wilson, still determined to become
e school of divinity at the University of
owever, with the death of his father. As
d to help support his family. He became
is brothers could take over some of the
ved to Edinburgh in the spring of 1765,
accounting. But it was not long before
ication and low social rank, greater op-
atives of the Wilson family already had
e his way to Pennsylvania, where some
of 1765, Wilson's ship arrived in New
Philadelphia.²
the College of Philadelphia, but he ap-
ead to greater advancement in Pennsyl-
bert Annan, Wilson in 1766 began to
SS than a year later, Wilson moved to
ractice law there. In November, 1767,
n to the bar of neighboring Lancaster
of Pennsylvania admitted Wilson to its
ued to grow, but Wilson thought that
nberland County, so he moved there in
James Wilson by Jean Pierre Henri Elouis (1755-1840). Watercolor on ivory, ca. 1792.
arived, he bought a home, and on No-
Courtesy National Museum of American Art, Smithsonian Institution, Museum Pur-
10m he had been courting for several
chase.
mersed in patriot politics. His appoint-
nmittee of correspondence and election
legislative authority over the Colonies-a radical position even in 1774. Wilson's rep-
launched his participation in the events
utation grew, both in America and England, as a result of this publication. After the
revised and published a manuscript he
meeting of the provincial conference, Wilson returned to Carlisle, where he was chosen
e and Extent of the Legislative Authority of
as a delegate to the next Pennsylvania provincial convention. Following the adjourn-
hat in no instance did Parliament have
ment of this second meeting in January, 1775, he helped organize the Cumberland
46
Appointments to the Bench
James Wilson: 1789
militia. His efforts were rewarded by a commission as colonel of the Fourth Battalion
with its inept maneuverings and in
of Cumberland County Associators. On May 6, 1775, Wilson was elected to the Second
bonds among the states. He paid
Continental Congress. There, on July 2, 1776, Wilson and two other Pennsylvania del-
regarding western lands and looked
egates-out of seven-cast their votes for independence.⁵ Wilson's experience in the
During this period, Wilson could
Continental Congress included service on a number of committees where he revealed
attracted him. He was president of
his preference for a stronger national government. He favored cession of the states'
organization composed of Scotsmen
western claims, the adoption of revenue and taxation powers for Congress, and the
of political theory, history, and phi
institution of a national appellate prize court.6
his preeminence in these fields. In
Wilson's service terminated in September, 1777, when the Pennsylvania Assembly
prestigious learned society of the di
did not reappoint him as a delegate. Wilson had bitterly opposed passage of the very
In light of Wilson's political activ
democratic state constitution of 1776, and the new majority in the Assembly had not
the Pennsylvania legislature chose h
forgotten it. In February, 1777, the Assembly had removed Wilson from the congres-
By this time Wilson's views on go
sional delegation but then could find no one to replace him, so Wilson had been rein-
mind. He advocated a strong nation
stated. In September, however, Wilson's departure was final.⁷
of the United States. In the conven
In the summer of 1778, Wilson sold his property in Carlisle and moved to Phila-
of the legislature, as well as the ex
delphia, where, he thought, his major interests would prosper. He threw himself into
for voting and restrictions on the ad
the practice of law, money-making schemes of various kinds, and politics. Wilson de-
of the new union, Wilson believec
fended a number of tories accused of treason and developed a theory of what consti-
that the states should be virtually
tuted treason in the eyes of the law and what proof was necessary to convict someone
Congress and the Confederation (
of that offense. His concept that two witnesses to the same overt act were required to
need for a national judiciary. In th
prove guilt-a concept that eventually made its way into the American Constitution-
supreme court with judges appoint
provided greater safeguards to American citizens than Englishmen enjoyed. Wilson also
a measure giving Congress the po
represented many clients in admiralty cases; as a result, he became more and more
was a staunch supporter of judicial
convinced of the need for a federal court with power over the state courts. In 1780
he helped prepare a draft of the C
Wilson, with Robert Morris and Thomas Willing, was instrumental in the creation of
Although the federal convention
the Bank of Pennsylvania. Although the first Bank of Pennsylvania failed in September,
in his efforts to obtain ratification
1781, Wilson and Morris already had begun efforts to organize a national bank. Their
sylvania ratifying convention, he I
endeavors were successful, and the Bank of North America was chartered by the Con-
federalist delegates formed a solid
federation Congress in December, 1781. The state of Pennsylvania also granted the
December 12, 1787, the Pennsylva
Bank a charter, but opposition to the national bank prompted the Pennsylvania Assem-
To cap his governmental activiti
bly to revoke the charter in 1785. When the Bank came under attack in 1785, the
a new constitution for the state of
directors asked Wilson to defend the institution. He wrote Considerations on the Power
United States and written principa
to Incorporate the Bank of North America, in which he developed arguments in favor of
conservative reaction to the very
the implied powers of the Confederation Congress to create a bank and the obligation
son's opposition to the 1776 docu
of contracts. In 1787 Pennsylvania reinstituted the Bank's charter.
of many democratic principles of I
At the same time that Wilson was engaged in law practice and politics, he became
the new Pennsylvania state constit
more and more involved in land speculation and other business ventures. He soon
of the conservative interests in Pe
owed a large amount of money to the Bank of North America, as well as to many
As the new national governmen
individuals. While Wilson expected to make a profit from these activities, he also be-
rations to be chief justice of the S
lieved that he was working for his country's interest by promoting settlement schemes.
inated an associate justice can only
In 1782, John Dickinson, the President of Pennsylvania's Supreme Executive Council,
work of the Court and its concom
appointed Wilson to represent the state when the Confederation Congress considered
Although attending the circuit C
conflicting claims between Pennsylvania and Connecticut over lands in the Wyoming
to engage in other activities. In t
Valley of Pennsylvania. The congressional commissioners supported Pennsylvania's
pointed him its first professor of la
claim.⁸
following, treated many significant
With a change in the political makeup of the Pennsylvania Assembly, Wilson was
Wilson expected that they would
elected to the Confederation Congress in January, 1783. Although Wilson continued
the lectures were not even publis
to be a delegate, with a few interruptions, until the Congress expired, he lost patience
expectations when he requested P1
Appointments to the Bench
James Wilson: 1789
47
S colonel of the Fourth Battalion
with its inept maneuverings and inability to take significant action to strengthen the
Wilson was elected to the Second
bonds among the states. He paid close attention, however, to Congressional activity
and two other Pennsylvania del-
regarding western lands and looked out for his own interests as well as Pennsylvania's.
nce.⁵ Wilson's experience in the
During this period, Wilson could tend to the many nongovernmental activities that
of committees where he revealed
attracted him. He was president of the St. Andrews Society, a social and philanthropic
He favored cession of the states'
organization composed of Scotsmen, from 1786 to 1796. He was an insatiable reader
n powers for Congress, and the
of political theory, history, and philosophy, and Philadelphia society soon recognized
his preeminence in these fields. In 1786 the American Philosophical Society, the most
when the Pennsylvania Assembly
prestigious learned society of the day, elected Wilson a member.⁹
erly opposed passage of the very
In light of Wilson's political activities and learned reputation, it is not surprising that
najority in the Assembly had not
the Pennsylvania legislature chose him as a delegate to the federal convention in 1787.
moved Wilson from the congres-
By this time Wilson's views on government had become clearly defined in his own
ce him, so Wilson had been rein-
mind. He advocated a strong national government, democratically elected by the people
as final.⁷
of the United States. In the convention he supported popular election of both branches
in Carlisle and moved to Phila-
of the legislature, as well as the executive. He openly opposed property qualifications
d prosper. He threw himself into
for voting and restrictions on the admission of new states to the union. For the purposes
us kinds, and politics. Wilson de-
of the new union, Wilson believed that the national government should be supreme,
eveloped a theory of what consti-
that the states should be virtually nonexistent. During his service in the Continental
was necessary to convict someone
Congress and the Confederation Congress, Wilson had become acutely aware of the
same overt act were required to
need for a national judiciary. In the constitutional convention, he not only favored a
into the American Constitution-
supreme court with judges appointed by the president but also moved the adoption of
Englishmen enjoyed. Wilson also
a measure giving Congress the power to establish inferior federal courts. Wilson also
esult, he became more and more
was a staunch supporter of judicial review. As a member of the Committee of Detail,
er over the state courts. In 1780
he helped prepare a draft of the Constitution. 10
as instrumental in the creation of
Although the federal convention did not adopt all of Wilson's views, he was tireless
Pennsylvania failed in September,
in his efforts to obtain ratification of the Constitution. Elected a delegate to the Penn-
to organize a national bank. Their
sylvania ratifying convention, he became the major spokesman for adoption. As the
merica was chartered by the Con-
federalist delegates formed a solid majority, the result was not greatly in doubt. On
of Pennsylvania also granted the
December 12, 1787, the Pennsylvania Convention ratified the Constitution, 46 to 23."
prompted the Pennsylvania Assem-
To cap his governmental activities during these years, Wilson fought for approval of
came under attack in 1785, the
a new constitution for the state of Pennsylvania. Modeled on the Constitution of the
wrote Considerations on the Power
United States and written principally by Wilson, the new constitution represented the
developed arguments in favor of
conservative reaction to the very democratic Pennsylvania constitution of 1776. Wil-
D create a bank and the obligation
son's opposition to the 1776 document had earned him many enemies. His espousal
Bank's charter.
of many democratic principles of government, both in the federal Constitution and in
V practice and politics, he became
the new Pennsylvania state constitution, did little to change his image as an exponent
other business ventures. He soon
of the conservative interests in Pennsylvania, 12
orth America, as well as to many
As the new national government was being formed, Wilson made known his aspi-
[ from these activities, he also be-
rations to be chief justice of the Supreme Court. 13 His disappointment on being nom-
by promoting settlement schemes.
inated an associate justice can only be surmised. Nonetheless, he threw himself into the
ania's Supreme Executive Council,
work of the Court and its concomitant circuit riding with characteristic industry.
Confederation Congress considered
Although attending the circuit courts was a time consuming duty, Wilson found time
cticut over lands in the Wyoming
to engage in other activities. In the winter of 1790, the College of Philadelphia ap-
issioners supported Pennsylvania's
pointed him its first professor of law. The lectures, delivered that winter and the winter
following, treated many significant issues in political philosophy and jurisprudence, and
ennsylvania Assembly, Wilson was
Wilson expected that they would establish him as America's foremost legal mind. But
1783. Although Wilson continued
the lectures were not even published in his lifetime. Wilson entertained even greater
Congress expired, he lost patience
expectations when he requested President Washington and the Pennsylvania legislature
48
Appointments to the Bench
James Wilson: 1789
to commission him to produce a full digest of the laws of the United States and of
16. Smith, James Wilson, pp. 383-85. Piero
Pennsylvania. The Pennsylvania legislature accepted his offer and Wilson began the
DAB.
17. Smith, James Wilson,, pp. 386-88; DAI
digest, but never finished it. Wilson even found time to marry again, six years after
cemetery at Hayes Plantation (the home of Sa
the death of his wife Rachel. In the spring of 1793, he met and courted Hannah Gray
because his family could not afford to return t
who was less than twenty years old. On September 19, they were married, and she
were disinterred and ceremoniously returned
accompanied him on the remainder of the eastern circuit.¹⁴
delphia. Washington Daily News (Washington,
As the years passed, however, Wilson began to spend more and more time trying
to keep his financial empire afloat. He missed various sessions of the circuit court when
he felt compelled to return to Philadelphia to look after his economic interests. Mis-
Nomination by George W:
givings about Wilson's financial dealings surely must have influenced Washington's ap-
September 24, 1789
pointment of a chief justice when a vacancy occurred in 1795 and then again in 1796,
for he passed over Wilson each time. Disappointment and constant worrying about how
to pay his debts took a severe toll on Wilson's health, and he was less and less able to
[For nomination of James Wilson,
fulfill his judicial duties. 15 To escape his creditors, in the spring of 1797, Wilson left
dated September 24, 1789, and pu
Philadelphia, hid in Bethlehem for a short time, continued on to Burlington, New
Jersey, and there was arrested and jailed. Wilson managed to satisfy the judgment
against him and immediately fled south. But disaster awaited him in North Carolina,
Nomination Received by {
too. Pierce Butler¹⁶ had initiated legal proceedings against Wilson, who owed him
September 24, 1789
$197,000, and Wilson was again put in jail.
Wilson's son, Bird, succeeded in arranging his release, but conditions hardly im-
proved for Wilson. For the remainder of the spring and summer of 1798, Wilson, too
[The Senate Executive Journal (RC
weak and lethargic to act, lived in a hot, depressing room at the Horniblow Tavern,
September 24, 1789.]
with only his wife for a companion. Insulated from criticism and talk of impeachment,
Wilson spoke of extricating himself from his troubles, but nothing could be done. In
July Wilson contracted malaria, and, in August, he had a stroke. Barely recognizable
Confirmation by Senate -
as the man whose intellectual achievements had contributed so much to the future of
September 26, 1789
his country, broken in mind and body, Wilson died on August 21, 1798 17
1. Charles Page Smith, James Wilson: Founding Father, 1742-1798 (Chapel Hill: University of North Carolina
[For confirmation of James Wilso:
Press, 1956), pp. 3-16.
September 26, 1789, and publish
2. Ibid., pp. 17-21.
3. Ibid., pp. 21-24. John Dickinson (1732-1808) had been tutored privately before studying law with John
Moland, a leading member of Philadelphia's bar. He later studied law in the Middle Temple, before returning
to Philadelphia in 1757 to practice. DAB.
Notification to President
4. Smith, James Wilson, PP. 29-42. By the time of Rachel (Bird) Wilson's death in 1786, she had borne six
children. Ibid., P. 212.
September 26, 1789
5. Ibid., pp. 51-61; DAB.
6. Smith, James Wilson, pp. 98-99; Bourguignon, First Federal Court, p. 93; DAB.
7. DAB.
[George Washington received a CO₂
8. Smith, James Wilson, PP. 116-28, 140-77.
James Wilson to be associate justic
9. Ibid., pp. 187-214.
of the Senate, is not extant; but it
10. Ibid., pp. 225, 251. Robert G. McCloskey, "James Wilson," in The Justices of the United States Supreme
Court 1789-1969: Their Lives and Major Opinions, ed. Leon Friedman and Fred L. Israel, 4 vols. (New York: R.
Washington Papers, DLC).]
R. Bowker, 1969), 1:87-89; DAB.
11. McCloskey, "James Wilson," pp. 89-90; ROC, 2:22; DAB.
12. Smith, James Wilson, pp. 297-304; DAB.
13. See "Commentaries," James Wilson to George Washington, April 21, 1789.
14. DAB; Smith, James Wilson, PP. 308-14, 342-67. In 1802, following the death of James Wilson, Hannah
(Gray) Wilson married Dr. Thomas Bartlett. She died in London, England, on March 14, 1808. Marcus D.
Raymond, Gray Genealogy, (Tarrytown, New York: 1887), P. 192; American Antiquarian Society, "Index of
Deaths in Massachusetts Centinel and Columbian Centinel, 1784-1840," typescript, 12 vols. (Worcester, Mass.,
1952).
15. McCloskey, "James Wilson," PP. 94-95; Smith, James Wilson, pp. 354, 361, 372-83.
Quote It!
Memorable Legal Quotations
STATE
E.gerhert 593
e same question when an-
STATE
ern S.S. Co., 321 U.S. 96,
To stay experimentation in things social and economic is a grave re-
sponsibility. Denial of the right to experiment may be fraught with
serious consequences to the Nation. It is one of the happy incidents
of the federal system that a single courageous State may, if its citizens
this Court has never felt
choose, serve as a laboratory; and try novel social and economic ex-
periments without risk to the rest of the country. This Court has the
J.S. 649, 665 (1944).
power to prevent an experiment. We may strike down the statute
which embodies it on the ground that, in our opinion, the measure is
arbitrary, capricious or unreasonable. We have power to do this, be-
cause the due process clause has been held by the Court applicable to
321 U.S. 96, 105, I have
matters of substantive law as well as to matters of procedure. But in
esent policy of the court
=
the exercise of this high power, we must be ever on our guard, lest
on
ed decisions and the rules
we erect our prejudices into legal principles. If we would guide by the
it seems to me, indicates
light of reason, we must let our minds be bold.
osed this court in the past
-BRANDEIS Louis D., in New York State Ice Co. V. Liebmann, 285
ided, and involves an as-
U.S. 262, 311 (1932).
e in us which was denied
it decision, overruling that
ring adjudications of this
Man, fearfully and wonderfully made, is the workmanship of his all
railroad ticket, good for
perfect creator: A state, useful and valuable as the contrivance is, is
e, in view of current de-
the inferior contrivance of man; and from his native dignity derives
ay not shortly be repudi-
all its acquired importance. When I speak of a state as an inferior
ey have new light on the
contrivance, I mean that it is a contrivance inferior only to that, which
erruled three cases.
is divine: Of all human contrivances, it is certainly most transcendantly
321 U.S. 649, 666, 669
excellent. It is concerning this contrivance that Cicero says so sublimely,
"Nothing, which is exhibited upon our globe, is more acceptable to that
divinity, which governs the whole universe, than those communities
and assemblages of men, which, lawfully associated, are denominated
states."
he was the one person
le law does not lead us to
Let a state be considered as subordinate to the people: But let
Irawn from the days of
everything else be subordinate to the state.
-WILSON, James, in Chisholm V. Georgia, 2 U.S. (2 Dall.) 419, 455
of travel to-day.
(1793).
Buick Motor Co., 217
...
By a state I mean, a complete body of free persons united together
But it is not a universal,
for their common benefit, to enjoy peaceably what is their own, and
the court has disregarded
to do justice to others. It is an artificial person It has its affairs and
its interests: It has its rules. It has its rights: And it has its obligations.
in v. W. C. Dawson &
-WILSON, James, in Chisholm V. Georgia, 2 U.S. (2 Dall.) 419, 455
(1793).
3
JK1561
H58
V.I
LAW
THE
Oliver Wendell Holmes
DEVISE
t:
11.
HISTORY OF
THE SUPREME COURT
OF THE UNITED STATES
VOLUME I
) 1801
V: Constitutional Convention and the Judiciary
e states.
from existing moorings, a federal union implied a compact by sovereign
en than
entities. In the nature of things, the contractants alone were competent
to participate in the direction and exercise of powers yielded to the cen-
S an in-
tral organization. The direct operation of the latter upon individuals was
beyond
inadmissible. No less admissible would be immediate representation of
concept
the people at large in the machinery of government, and so a respon-
it. The
sibility of government to them. The intermediacy of the states was es-
on the
sential. The most extreme position in opposition was that already taken
kely to
by Hamilton. A federal government he conceived to mean an associa-
physic,
tion of independent communities into one: "two sovereignties cannot
robable
coexist within the same limits. "126
rces of
In spite of their infatuation with historical example, the ardent
an, as
nationalists were disinclined to face up to the fact that a long history
port to
supported the pretensions of the states to the lofty estate claimed by
revised
them. By way of special traverse, Wilson offered a reading of the
Declaration of Independence to render irrelevant events antecedent to
ing to
it. The Declaration, he claimed, had been an assertion of the political
resolve
independence of the colonies as united and not of the colonies sev-
ensu-
erally.¹²⁷ The answer to this was that upon separation from Britain the
an ex-
states had preferred establishing themselves as thirteen separate
Com-
sovereignties instead of incorporating into one. The federal power had
when
been formed for defense-against foreign nations and to protect the
what
small states from the larger.128 It was in the circumstances of confedera-
which
tion and the provision made to preserve the equality and independency
adrift
of the states that the measure of their capacities and relations inter se
were to be found. Inevitably, resort was had to the contract theory of
government, then as much a matter of general conviction as was the
dolph,
uently,
"maxim" of the separation of powers. The application of this theory
: it in
by the small states was countered by a variety of subtleties on the mani-
that a
fold types of contracts and the differences between them.
zation
These forays into the realm of jurisprudence are interesting chiefly
found
for what they reveal of opinion respecting the Articles and their political
; been
does
intent. They did not reach the true source of anxiety-that the plan
Far-
voted in Committee would put the small states at the mercy of the
harles
large; that the very identity of the states would be snuffed out if they
ably"
lost their role as intermediaries between the individual and the general
Blair
n, at
government. There were dire predictions of failure if the Convention
ically
did not, as Ellsworth put it, "engraft" a general government on that of
: was
the individual states. 129
= the
it in
rand,
126 Ibid., 287 (Madison), and at
128 Ibid., 340-41 (Madison), speech
ibid.,
294 (Yates), 301 (King).
of Luther Martin.
127 Ibid., 324 (Madison); Hamilton
129 Ibid., 407 (Madison).
agreed.
221
ANTECEDENTS AND BEGINNINGS TO 1801
V: Constitutional Convention
But the motion before the house, whatever political-philosophical
implications it bore for Madison and for other delegates, raised ques-
sionary" process¹⁶³ or the impact
tions of a more practical nature. Would the hardly won struggles to
judges ought never to give an opin
establish and maintain the independency and integrity of the bench be
them.¹⁶⁺ One thing remained: the ju
imperilled? Was it compatible with these deep-seated traditions that a
make with legislation except an issue
It is remarkable that neither ii
judge have anything to do with a statute except it be sub judice? Could
a judge be party to the aborting of an enactment, or was he confined
when any matter touching the judicia
to what the lawbooks said he could do with a statute, or, as had been
there explicit statements concerning 1
conceded generally in Convention, could he strike it down for repug-
prevail in the new system. Madison'
nance to the Constitution?
a "code of laws" would come into b
The arguments of expediency in favor of Wilson's motion derived
a statutory solution. There was cert
strength from the fact that at this time the judges were fettered in their
mon law would serve. It had, in Ame
handling of legislation by the canons of statutory construction inherited
ing in new soil. It had, as we have C
from England. 161 Under these rules, interpretation was less an art than
forms as there were states. Unless t
an exercise in logic or grammar. If there had ever been much room
cept the parent English version, eith
for a court to indulge its own ideas of policy, it had shrunk to mere
or as of some other arbitrary date
closet size once the hegemony of Parliament was settled. This was not
Madison was to make clear (August
without its effects in America, where legislatures were pretending to
ceptable and that there could be ho
the same prerogative enjoyed by their prototype.
bility" by adverting to the laws of tl
It is against this background of existing precedent concerning what
There was a further and cogen
judges could do with statutes that Wilson's comments must be viewed.
not to be embosomed in the new sy:
Whether or not he expected that the exigent rules about statutory con-
tion of ratification by state conven
struction would be carried over to the exposition of the Constitution, it
Randolph asserted that particular sta
is manifest he anticipated no adventurous pronouncements on policy by
common law against that of the C
the bench. This is inferable from his assertion that statutes might be
sanction than legislative ratification.¹
infected with unconstitutionality and yet not to the degree that the
beyond the matter then at issue in
judges could avoid them-a claim gainsaid by no one. Mason, indeed,
and in the colonies the common la
agreed with Wilson; the purport of Gerry's remark about making
stitutional right.¹ 168 In this country,
statesmen of judges, as well as of Martin's speech in opposition, was
common law was the birthright of e
to the same intent.
no defeasance by legislative fiat ha
The motion to associate the judicial in the veto was defeated 4-3,
staple in the controversies on the
two states being divided. 162 We cannot know what decided the issue-
tolerable in a constitutional system
a rigorous view of separation, Ellsworth's intimation that the judges
where usage was so considerable an
were free to employ standards other than the Constitution in the "revi-
matter to welcome the common law
define and make stable certain fund
body of law, involved in earlier CO
161 The standard books of reference
in Coke's Reports. The continuing
at this time were, of course, Coke,
hegemony of Coke's precepts is ob-
Littleton, where various rules are
vious from J. Kent, Commentaries on
scattered through Coke's own com-
American Law (1826), I, Lecture XX
163 Ibid., 73-74 (Madison).
mentary, and Matthew Bacon's Abridg-
(hereafter cited as Kent, Commen-
164 Ibid., 80 (Madison).
ment, S.V. Statutes. Blackstone's rules
taries). Examples of the rules of con-
165 Supra, p. 210.
of construction in Commentaries, In-
struction as applied by American
166 Farrand, Records, II, 316 (Madi-
troduction, I, 85, were chiefly ab-
courts, supra, C. III.
son). This was in the course of dis-
stracted from Coke, Littleton, Coke's
162 Farrand, Records, II, 71 (Jour-
cussing the power of Congress "to
Fourth Institute and various cases
nal).
declare the law and Punishment of
Piracies and Felonies committed on
228
ANTECEDENTS AND BEGINNINGS TO 1801
V: Constitutional Convent
the latter were made binding upon the "judges in the several States"
instead, as earlier resolved, upon "the Judiciaries of the several States."
power to veto legislative enactn
This had the effect of making personal the injunction, and laying it
repeated for and against, and on
as well upon state as upon national judges functioning within any state.
upon the constitutionality of legis
The Committee did not explicitly grant jurisdiction to the Supreme
authority. The motion was beater
Court to adjudicate matters arising under the Constitution itself. This,
worth suggested and Gouverneur
perhaps, may have been deemed to pass sub silentio. Nevertheless, to
of a President's council. 201 On
the literal minded it left without manifest implementation those pro-
Court would have a seat, and h
visions which the report lifted from the Articles of Confederation, viz.,
President. The Chief Justice's du
the clause which forbade the states to legislate on certain particulars,¹
tion of alterations and amendme
and the clauses relating to full faith and credit,¹⁹⁷ privileges and im-
as may in his opinion be necessa
munities of citizens, and extradition. 198
and such as may promote useful
throughout the Union. "202 This
sort of custos morum, with the
THE FINAL WEEKS
referred to the Committee of De
reported back. 203 This came to
THE DEBATES IN the final weeks of the Convention had a some-
council formed on a regional bas
what different cast from those which preceded them. As the offering of
If there had been some ou
the Committee of Detail was scrutinized and clause upon clause was
with "liberty," the Convention's
rolled through the wringer of disputation, an increasing awareness of
judicial employment of the benc
tough political reality pervaded the proceedings. Allusions to philos-
Montesquieu's warning that unl
ophers and to the past experience of mankind, that had lent the earlier
separate from the executive an
discussions the quality of a search for enlightenment, were much less
often made. Only the obsession with the British constitution continued,
little abated. Most significantly, the mandate that something "adequate
199 Farrand, Records, II, 298 (Madi-
to the exigencies of the union" must be perfected was in the way of
son). Mercer of Maryland, who first
attended the Convention August 6 and
being eclipsed by the question latent from the very beginning-will this
was not present after August 17, dis-
instrument be politically acceptable? Since there were thirteen respond-
approved of the doctrine that judges
ents, each to answer, regional and particular state interests kept making
as expositors of the Constitution
should have authority to declare a
themselves heard. The delegates were returning to their constituents and
law void. Mercer, of course, had no
had to look to their reckonings. The spirit of accommodation for which
firsthand knowledge of the previous
much had been sacrificed in July was menaced by shortening tempers
exploration of the question. During
his fleeting visit at Philadelphia, he
and by growing recusancy in a quarter not to be anticipated-Gerry,
expressed opinions on a great variety
Mason and Randolph. All three had in varying degree been on the
of matter. Jefferson had a low opinion
nationalist side.
of Mercer's capacities; cf. his letter to
Madison, Apr. 25, 1784, Papers of
The judiciary article suffered little if at all from these tensions.
Jefferson, VII, 118.
But before it was reached, late in August, there were motions which,
200 Farrand, Records, II, 295 (Jour-
if carried, would have been contaminating to the judicial function, and
nal). The vote was 8-3.
would have impaired the independency of this department. When the
(Madison). 201 Ibid., 335-37 (Journal), 342-44
veto power was up for discussion, Madison and Wilson sought to confer
202 Ibid., 335 (Journal).
upon the judges of the Supreme Court an independent and concurrent
203 On Aug. 22, ibid., 367 (Journal).
The Chief Justice was left on the
Council, but the peculiar functions
assigned him in the original resolution
196 Articles of Confederation, Art.
197 Ibid., Art. IV.
were eliminated. This Council was to
VI.
198 Both in Art. IV.
advise the President in matters re-
specting the execution of his office
236
AND BEGINNINGS TO 1801
V: Constitutional Convention and the Judiciary
he "judges in the several States"
Judiciaries of the several States."
power to veto legislative enactments. 199 The familiar arguments were
nal the injunction, and laying it
repeated for and against, and once more the power of the court to pass
idges functioning within any state.
upon the constitutionality of legislation was urged as the limit of judicial
y grant jurisdiction to the Supreme
authority. The motion was beaten.200 Three days later (August 18) Ells-
ender the Constitution itself. This,
worth suggested and Gouverneur Morris moved (August 20) the creation
of a President's council. 201 On this the Chief Justice of the Supreme
pass sub silentio. Nevertheless, to
anifest implementation those pro-
Court would have a seat, and he would preside in the absence of the
President. The Chief Justice's duties were to include the recommenda-
he Articles of Confederation, viz.,
tion of alterations and amendments to the "Laws of the United States
legislate on certain particulars, 196
and credit, 197 privileges and im-
as may in his opinion be necessary to the due administration of Justice,
98
and such as may promote useful learning and inculcate sound morality
throughout the Union. This proposal to make the Chief Justice a
sort of custos morum, with the rest of the elaborate resolution, was
WEEKS
referred to the Committee of Detail. A greatly attenuated resolve was
-
reported back. 203 This came to nothing after Mason's substitute of a
S of the Convention had a some-
council formed on a regional basis was rejected. 204
preceded them. As the offering of
If there had been some outward manifestation of preoccupation
ized and clause upon clause was
with "liberty," the Convention's uncompromising stand against extra-
ation, an increasing awareness of
judicial employment of the bench might be attributed to respect for
proceedings. Allusions to philos-
Montesquieu's warning that unless the power of judging was held
mankind, that had lent the earlier
separate from the executive and legislative "there can be then no
or enlightenment, were much less
the British constitution continued,
mandate that something "adequate
199 Farrand, Records, II, 298 (Madi-
that he might lay before them. He was
son). Mercer of Maryland, who first
not to be concluded by their advice.
t be perfected was in the way of
attended the Convention August 6 and
204 The report of the Committee of
from the very beginning-will this
was not present after August 17, dis-
Detail was not acted upon. On August
Since there were thirteen respond-
approved of the doctrine that judges
31 all postponed matter was referred
as expositors of the Constitution
to a Committee of Eleven-one
rticular state interests kept making
should have authority to declare a
member from each state present.
returning to their constituents and
law void. Mercer, of course, had no
Technically the report on the Council
spirit of accommodation for which
firsthand knowledge of the previous
was not "postponed" since no vote
exploration of the question. During
had been taken. On September 4 the
as menaced by shortening tempers
his fleeting visit at Philadelphia, he
Committee reported including a clause
rter not to be anticipated-Gerry,
expressed opinions on a great variety
(eventually in Art. II, sec. 2) au-
d in varying degree been on the
of matter. Jefferson had a low opinion
thorizing the President to require the
of Mercer's capacities; cf. his letter to
opinion, in writing, of heads of execu-
Madison, Apr. 25, 1784, Papers of
tive departments. Ibid., 473, 495
little if at all from these tensions.
Jefferson, VII, 118.
(Journal).
August, there were motions which,
200 Farrand, Records, II, 295 (Jour-
On September 7 the House had
nal). The vote was 8-3.
reached the section of the report
nating to the judicial function, and
201 Ibid., 335-37 (Journal), 342-44
dealing with the President. When the
ncy of this department. When the
(Madison).
clause on requiring opinions from
adison and Wilson sought to confer
202 Ibid., 335 (Journal).
heads of departments was reached,
203 On Aug. 22, ibid., 367 (Journal).
Mason, seconded by Franklin, moved
urt an independent and concurrent
The Chief Justice was left on the
to postpone and asked an instruction
Council, but the peculiar functions
for the Committee to prepare a clause
assigned him in the original resolution
establishing a Council based on re-
197 Ibid., Art. IV.
were eliminated. This Council was to
gional representation. The motion to
198 Both in Art. IV.
advise the President in matters re-
postpone was voted down. Ibid., 541-
specting the execution of his office
42 (Madison).
237
ANTECEDENTS AND BEGINNINGS TO 1801
VII: The Framers as Prop
charge that no provision was made adopting the common law, Hamil-
was reprinted in New York, but
ton replied¹² that the New York constitutional article on this had
to spark controversy. 126 One othe
made the common law subject to legislative repeal. This article had
by Charles Pinckney, must be n
been inserted merely to remove doubts regarding "the ancient law" that
scribed as a defense of the Cc
might have been occasioned by the Revolution. Consequently this could
recension of the speech prepare
not be considered a part of a declaration of rights.
the Convention, but never delive
Apart from these strictures, Hamilton's posture toward the inclu-
view a scheme containing ingred
sion of a bill of rights was substantially identical with that of James
delphia Convention, Pinckney's (
Wilson. The Constitution was designed merely to regulate the political
apple of discord. Fortunately th
interests of the nation, and a minute detailing of particular rights was
phlet brought on brief commen
not applicable as it would be in a constitution which regulated every
There remains to be notice
species of personal and private rights. Hamilton believed that a bill
must be laid to the charge of (
of rights, to the extent demanded, was not only unnecessary, but might
first appeared in the Maryland
even be dangerous. It was absurd to make provision against abuse of
matter from the printed report
authority which was not given. To do so, further, would imply a power
to the Convention on August 6.¹
to make proper regulation of such things as the press. In other words,
secrecy pact yet made. It was
handles would be supplied for a doctrine of constructive powers by
the Convention until "within a
indulgence of an injudicious zeal for a bill of rights.¹²⁴
an untruth, but the contributor
It is impossible to convey by paraphrase and brief quotation the
final changes in the supreme la
qualities which make The Federalist a great book, particularly since so
addition of the provision "appel
small a segment has here been so cursorily surveyed. There are few
Fact." Reprinted in New York
writings in the political literature of modern centuries that approach it
late to have affected anything
in the loftiness of its tone, few that equal it in literary distinction. One
where, however, it does not ap]
can to this day still feel how portentous, how immediate was the issue
to which the letters were addressed, for there is an urgency in the
writing which has survived the event. Locke or Montesquieu, the house-
126 Ford. Essays, 397-406. Remark
on the judiciary at 399-400, chiefly
hold gods of the time, may have left posterity more to ponder; neither
a defense of jurisdiction over action
left his own people a heritage of more enduring vitality than did
between foreign subjects and Ameri
Publius.
can citizens.
127 Farrand, Records, III, 106-27
With the publication of The Federalist the great period of propa-
It was entitled "Observations on th
ganda came to an end. Never before and never again was there such
Plan of Government submitted to th
soul-searching over the judiciary and its role in the structure of govern-
Federal Convention, in Philadelphia
on the 28th of May 1787. By Mi
ment as occurred in this nine-month period in 1787-88. In this pro-
Charles Pinckney, Delegate from th
tracted and far-flung exchange of hostilities, those Framers who took up
State of South Carolina. Delivered a
their pens in defense or in repudiation of their deeds, if they did not
different Times in the course of thei
Discussions." Farrand conjectures
all contribute greatly to political philosophy, at least added to the emo-
represents a speech prepared for de
tional pressures. Two of them, Dickinson and Williamson, whose writ-
livery when Pinckney presented hi
ings have not been discussed, had nothing significant to say about the
plan, plus some later additions.
The pamphlet was offered for sal
judiciary. Dickinson, writing as Fabius,¹²⁵ produced a tract larded with
in New York on Oct. 18, 1787, in th
learning, but the fire had gone out of the Pennsylvania Farmer of pre-
New York Daily Advertiser. Madisor
Revolutionary days. The address of Hugh Williamson of North Carolina
on October 14, sent Washington
copy saying that Pinckney professe
the print was for the perusal of h
123 Ibid., 578.
125 Ford, Pamphlets, 163-216.
friends (Doc. Hist. Const., IV, 329.
124 Ibid., 579-80.
Washington replied that Pinckney wa
320
ANTECEDENTS AND BEGINNINGS TO 1801
XIII: Circuit Courts-Civil and I
the directions of the second Process Act, for it gave meaning to the
and the like "of which they were" had bec
term "common usage" that governed the taking of depositions pursuant
the practice in New England to identify in
to a dedimus. There was free resort to such on interrogatories by rule or
by agreement of the parties, sometimes with express stipulation that the
by name and place of habitation and this W
A second difficulty arose, we believe, OV
evidence was to have the same effect as if the parties had personally
testified. Ironically enough, considering the impassioned declamations of
ship. The measures taken by the states du
matter of law the citizenship of those W
Senator Maclay against the chancery discovery procedure, the papers
have already been related. 154 What their
for the Pennsylvania Circuit disclose resort to it, and in one case a de-
been prior to 1789, except as to state na
fendant defeated alleged diversity jurisdiction in law after it was revealed
estimate, for other considerations, such :
from plaintiff's answer to a bill for discovery that there had been a
collusive conveyance to the lessor of the plaintiff in ejectment. 149
greater import in legislation, such as the (
itself spoke both of citizens of the Unite
One aspect of procedure not yet touched upon relates to the
states, but as to the latter, only in terms
regulations set out in the Judiciary Act. That of most frequent occurrence
Some light was cast upon the questi
was the matter of proper allegations respecting diversity. As we shall
Circuit for the Pennsylvania April term
later have occasion to observe, it was not until 1798 in Bingham V.
Cabot II⁵⁰⁰ that the Supreme Court held that it was necessary to set
complainant alleged he was a British sub
to the jurisdiction averred that compl:
forth the citizenship or alienage of the parties to bring a case within
the jurisdiction of the Circuit Court. Initially the practice appears to
allegiance to Pennsylvania pursuant to
court sustained respondent's plea to the
have been very sloppy, and because Supreme Court decisions were long
states individually still enjoyed a concu
unavailable, it continued to be so. It was the responsibility of counsel
fact recognized by the federal Act of N
to set out jurisdictional facts or to challenge such, and it was not the
indicated that state citizenship was still
business of a court on its own motion to amend the mistakes of the
nothing to settle for purposes of diver
pleaders. Both Wilson¹⁵¹ and Iredell¹⁵² advanced the proposition that a
such citizenship and how it was prope
court was bound to take notice of a question of jurisdiction, or, more
flected in declarations where nothing
broadly, that it was the proper guardian of its jurisdiction, but this was
residence or a place of business was na
each time in a different context, and we have found no evidence that at
Lack of diversity was challenged
any Circuit the court ever raised the question of lack of diversity sua
Massachusetts two instances have been
sponte. As for the bar, some of the difficulties with section II of the
raised by plea in abatement. 156 In one
Judiciary Act stemmed from uncertainty over the intendment of the
which issue was joined and submitted t
words "citizen of a state."
abatement was entered by Editor Will
The difficulties were of two sorts. In common law jurisdictions it
fendant in a civil libel action in Penns
was unusual that plaintiffs identify themselves in pleadings by more than
form of a note sent by him to District J
name, although as a result of the ancient Statute of Additions1 the
reasons why he considered himself to b
identification of defendants by the addition of places by towns, counties
example of the "loose practice" in tha
also submitted to a jury which found in f
In New York the lack of diversity was
149 Maxwell's Lessee V. Levy, 2
152 Maxfield's [sic] Lessee V. Levy,
Dallas 381 (1797).
4 ibid., 330, 337 (1797). This is the
150 3 ibid., 382. The addition of
same case as that cited in n. 149,
"II" is to distinguish this removal
154 Supra, C. III.
supra. Whether Iredell or Dallas is
11.
from the earlier case of the same
155 2 Dallas 294 (1792).
]
responsible for the change of name
158 Duffield V. Greenleaf, Ms. Final
name.
is unanswerable.
Record Book Circuit Ct. Massachu-
151 Ketland q.t. V. The Cassius, 2
153 St. I Hen. V, C. 5; and see the
ibid., 365 (1796).
setts: Dist. 1790-1799, sub October
commentary in Coke, Second Institute,
term 1797; Pringle V. Russell et al.,
665.
ibid., sub October term 1798.
586
#'s TO RUN BY SCULLY X5178
2:30p.m. Monday 7/23
5
kind of child care they want -- whether at home, at a church or
synagogue, or from a local child care provider.
Well, the Senate passed a more restrictive child care bill,
that takes choice out of the hands of parents, piles more red
tape on providers, and builds a bigger day-care bureaucracy --
at double the cost of our bill -- from 9 billion to 18 billion
dollars.
And then the House, deciding spending equals compassion,
outdid the Senate by tripling our request, to 29 billion dollars.
There you have a classic budget-busting bidding war. Another 20
our the next five years
billion dollars added to the deficit more than 10 percent of
suggest ddcte ,but:
the projected '91 budget deficit -- in just one bill
20 = st over 5yrse
If you remember, I said "kinder and gentler" -- not
4B/14r
"blinder and costlier." But that wild spending habit seems to
have affected everything on the Hill, until now:
Our Emergency Assistance to Panama and Nicaragua -- after
three long months, our $800 million package had doubled in cost
-- not with emergency aid, but with over one billion dollars of
new, unrequested, unrelated domestic spending.
OK
Our Educational Excellence Act -- designed to advance
by
educational reform, reward achievement, and encourage
Scullys
office
accountability and choice, started at a cost of 400 million
dollars, but increased to 1.4 billion dollars, as costly and
Margaret
Miore
unrelated changes were piled on -- more than tripling our
original request.
3
Today, in this room, that spirit continues -- carried on by
those who believe in limited government, and the accountability
of leaders. You're showing the people of Pennsylvania that there
is a Republican alternative. A new American independence -- from
big government, from burgeoning bureaucracies, from the invasive
experiments of the tax-and-spenders.
There is room in the Republican Party for differences on
some issues -- but on principles, we stand united. Because there
is work to be done. And we Republicans know what works.
We believe that power has only one purpose: to help people.
We believe that America transcends adversity, and finds her
greatest strength, in diversity. We are, as we have always been,
a nation of quiet strength. Tolerance. Faith. And freedom.
So we seek this new American independence for the sake of
limited government that spends within its means -- and a new
agenda of unlimited empowerment for the individual.
Right now, the Congress and I are working hard to put
America's fiscal house in order -- and put the spending policies
that brought us to this point behind us.
After I sent up a budget for the coming fiscal year
187.7
Mr. Kufer
totalling just under 189 billion dollars, Congress appropriated
202.5
the Mrs. Noore
over 202 billion dollars. In fact, seven of the eight Democrat
Cfor the b bills that possed
045178
appropriations bills have already surpassed the budget authority
we requested.
And while one of these bills was being reported out of
committee, the members started humming "The Battle Hymn of the
JK1561
1561
A63
1985
LAW
JUSTICES
AND
PRESIDENTS
A Political History
of Appointments to the Supreme Court
Second Edition
Henry J. Abraham
WHITE HOUSE LAW LIBRARY
Room 528
Executive Office Building
Washington, DC 20500
New York Oxford
Oxford University Press
1985
APPOINTING SUPREME COURT JUSTICES
25
preme Court of the United States (as well as, of course, all lower
federal judges) and that of a simple majority of the Senate to
consent to such nominations (presumably, but not necessarily,
having tendered advice along the way); or, failing to grant such
consent, to reject, or to refuse to take action on, a Presidential
nominee.
Although the question of the methodology to be employed for
judicial appointments was subjected to intensive floor debate at
the Constitutional Convention during twelve days spread over
June, July, August, and September of 1787, be it noted that
criteria for such appointments were neither debated nor did they
appear to loom as a matter of either significance or puzzlement.
Those few delegates who vocalized the issue of criteria at all, did
so by assuming viva voce and sub silentio that merit, as opposed
to favoritism, should and, indeed, would govern quite naturally.
The central issue cum controversy concerned the degree of power
to be vested in the executive and/or the degree of legislative
participation. The above-quoted provision, finally agreed on as
a result of debates on September 6, 7, and 15, represented a
compromise between those who, like Benjamin Franklin, James
Madison, and John Rutledge, feared "monarchical" tendencies in
strong solo executive prerogatives on the issue and called for a
potent legislative role,' and those who, like James Wilson, Alex-
ander Hamilton, and Gouverneur Morris, favored broadly inde-
pendent executive appointive powers. It was the latter group that
did most of the compromising, resulting in the largely James
Madison-fashioned ultimate adoption of ART. II, SEC. 2, the pro-
vision having remained unchanged to this day. Nor is it likely to
be changed.
If it may be validly considered as having been raised at all,
the issue of judicial qualifications was addressed, however briefly,
on June 5 by Doctor Franklin, who pointed to the Scottish mode
of appointment "in which the nomination proceeded from the
lawyers, who always selected the ablest of the profession in order
to get rid of him, and share his practice among themselves.' If
ty
any concern about qualifications was subsequently expressed by
u-
delegates, it came all but inevitably in connection with the con-
96
JUSTICES AND PRESIDENTS
THE NEXT FORTY YEARS, 1829-1869
at the very outset of his Presidency. He was delighted to oblige,
gressman. Long an aggressive and enthusiastic sur
but his choice of the forty-three-year-old McLean, a native of
had been instrumental in bringing Pennsylvania i
Ohio and one-time judge of the Ohio Supreme Court (from the
ian fold in the election of 1828. The President, a
same judicial circuit as Trimble), was dictated by the contem-
services, had rewarded him immediately after the
porary partisan politics concerning personalities as well as the
inating him to the Cabinet post of Secretary of t]
range and degree of federal authority that reflected the intraparty
that nomination was blocked in the Senate by Vic
struggle among the Democrats. An ambitious aspirant to high of-
Calhoun, chiefly because of Baldwin's avowed ch
fice, McLean had been Postmaster General since the days of the
high-tariff policy that was anathema to Calhoun
Monroe Administration. He had given the impression of being
ers. The Calhoun forces then attempted to scuttle
friendly to both the John Quincy Adams and Jackson forces dur-
ination to the Court too, but they succeeded or
ing the election of 1828, cultivating many prominent Jacksonians
for two days. On January 6, 1830, the Senate ap
without unduly antagonizing the Adams wing. Jackson, who had
vote of 41:2, the sole dissenters being the two Ser
kept McLean on in his former post, did not really trust him; in-
Carolina, Calhoun's home state, Robert Y. Ha
deed, he felt actively threatened by McLean's foot dragging in
Smith. The latter had just declined nomination
patronage matters, especially when the latter resisted his requests
ton vacancy on the Court because he wanted to
to replace Adams supporters with Jackson loyalists in the postal
to "defend federal rights against nationalization:
service. Yet Jackson also realized that McLean was immensely
give Smith another chance to mount the Court at
popular in the West and he feared the consequences of a public
reelection to the Senate in 1834, when Justice ]
clash so early in his incumbency. Thus, when McLean promised
1835, but Smith again declined.⁷ By choosing
not to pursue his political ambitions while a member of the Court,
rather than a Virginian, Jackson in a sense "i
Jackson tendered him the nomination-although not without some
Adams's selection of a Virginian (Bushrod Wa
misgivings. The Van Buren forces in the Administration were de-
seat held by'a Pennsylvanian (James Wilson) i
lighted to see the man they considered an adversary safely shelved,
that was not a major consideration in the select
for McLean had been a member of the Calhoun faction in the gov-
he was, Baldwin, too, would vote "wrong" or
ernment.
number of crucial issues championed by Jacksc
To no one's great astonishment, McLean did not hold to his
mitted the unpardonable sin of siding with the
promise.⁵ While on the bench he became a Presidential candidate
during Jackson's great struggle over recharterin
four times: in 1832 as an Anti-Mason; in 1836 as an Independent;
United States. Still, Baldwin's "deviations" du
in 1842 as both a Whig and a Free-Soiler; and in 1856 as a Re-
years on the Court were minor in the eyes of the
publican (he had officially joined the Republican party). No doc-
ocrats in comparison to those of McLean and Ja
trinaire he!⁶ But McLean served on the Court for thirty-two
inee, James M. Wayne.
years-one of the longest tenures on record-having remained there
After Baldwin's appointment in 1830, the
until his death in 1861-unpredictable and independent to the end.
membership remained stable for five years-a 1
There was no doubt whatever of the political loyalty of Jack-
riod in view of the vagaries of age and health.
son's next selection for the Court. When in 1829 Bushrod Wash-
Jackson reorganized his Cabinet and began }
ington died, also after thirty-one years of service, the President
Bank of the United States. Presumably party po
turned to Henry Baldwin, aged fifty, a popular Pennsylvania Con-
clarified and, although Jackson could not elimi
JUSTICES AND PRESIDENTS
THE NEXT FORTY YEARS, 1829-1869
97
of his Presidency. He was delighted to oblige,
gressman. Long an aggressive and enthusiastic supporter, Baldwin
the forty-three-year-old McLean, a native of
had been instrumental in bringing Pennsylvania into the Jackson-
le judge of the Ohio Supreme Court (from the
ian fold in the election of 1828. The President, alive to Baldwin's
cuit as Trimble), was dictated by the contem-
services, had rewarded him immediately after the election by nom-
olitics concerning personalities as well as the
inating him to the Cabinet post of Secretary of the Treasury. But
of federal authority that reflected the intraparty
that nomination was blocked in the Senate by Vice-President John
e Democrats. An ambitious aspirant to high of-
Calhoun, chiefly because of Baldwin's avowed championship of a
been Postmaster General since the days of the
high-tariff policy that was anathema to Calhoun and his support-
ration. He had given the impression of being
ers. The Calhoun forces then attempted to scuttle Baldwin's nom-
le John Quincy Adams and Jackson forces dur-
ination to the Court too, but they succeeded only in delaying it
1828, cultivating many prominent Jacksonians
for two days. On January 6, 1830, the Senate approved him by a
itagonizing the Adams wing. Jackson, who had
vote of 41:2, the sole dissenters being the two Senators from South
in his former post, did not really trust him; in-
Carolina, Calhoun's home state, Robert Y. Hayne and William
vely threatened by McLean's foot dragging in
Smith. The latter had just declined nomination for the Washing-
especially when the latter resisted his requests
ton vacancy on the Court because he wanted to stay in the Senate
supporters with Jackson loyalists in the postal
to "defend federal rights against nationalization." Jackson would
on also realized that McLean was immensely
give Smith another chance to mount the Court after his defeat for
est and he feared the consequences of a public
reelection to the Senate in 1834, when Justice Duval resigned in
is incumbency. Thus, when McLean promised
1835, but Smith again declined.7 By choosing a Pennsylvanian
olitical ambitions while a member of the Court,
rather than a Virginian, Jackson in a sense "atoned" for John
him the nomination-although not without some
Adams's selection of a Virginian (Bushrod Washington) for the
in Buren forces in the Administration were de-
seat held by a Pennsylvanian (James Wilson) in 1798-although
ian they considered an adversary safely shelved,
that was not a major consideration in the selection. Loyalist that
en a member of the Calhoun faction in the gov-
he was, Baldwin, too, would vote "wrong" on the Court on a
number of crucial issues championed by Jackson. He even com-
eat astonishment, McLean did not hold to his
mitted the unpardonable sin of siding with the "pro-Bank" forces
I the bench he became a Presidential candidate
during Jackson's great struggle over rechartering the Bank of the
as an Anti-Mason; in 1836 as an Independent;
United States. Still, Baldwin's "deviations" during his fourteen
Whig and a Free-Soiler; and in 1856 as a Re-
years on the Court were minor in the eyes of the Jacksonian Dem-
fficially joined the Republican party). No doc-
ocrats in comparison to those of McLean and Jackson's next nom-
McLean served on the Court for thirty-two
inee, James M. Wayne.
ngest tenures on record-having remained there
After Baldwin's appointment in 1830, the Supreme Court's
361-unpredictable and independent to the end.
membership remained stable for five years-a relatively long pe-
loubt whatever of the political loyalty of Jack-
riod in view of the vagaries of age and health. During that time
for the Court. When in 1829 Bushrod Wash-
Jackson reorganized his Cabinet and began his assault on the
fter thirty-one years of service, the President
Bank of the United States. Presumably party policy had now been
ldwin, aged fifty, a popular Pennsylvania Con-
clarified and, although Jackson could not eliminate all party fac-
108
JUSTICES AND PRESIDENTS
THE NEXT FORTY YEARS, 1829-1869
Hampshire, Secretary of the Navy under Jackson, and Secretary of
signed only when (having become a mental
the Treasury under Van Buren), and judicial (as a judge on New
he yielded to the combination of liberalized
Hampshire's Supreme Court). Few men had come before the Sen-
for Justices and the repeated entreaties of h
ate with such extensive credentials; and his confirmation was so
one stage sent a delegation headed by Mr. Ju
taken for granted that Polk gave him a recess appointment in Sep-
to urge him to step down. Grier is probably
tember, which was confirmed as soon as the Senate reconvened the
that episode and the ignoble role he played-
following January. A long-time supporter of the governmental and
in informing President-elect Buchanan of th
jurisprudential commitments of Chief Justice Taney, Woodbury
Scott decision in advance of the Court's public
embraced Taney's conviction that, rather than looking eternally
Polk's successor, General Zachary Tayloi
to the British judicial system, the legal profession in the United
President. Taylor was firm, forthright, and ho
States should develop an "American" legal system. But barely six
sional soldier was ill qualified and ill prep:
years later death cut short his promising career.
process. He lived only sixteen months after
Meanwhile Polk still had the old Baldwin vacancy to fill. Be-
March 1849 and was the second of four Pr
cause Secretary of State Buchanan would not take the position, the
made no appointments to the Supreme Court
President turned to a jurist on the lower Pennsylvania bench,
President Millard Fillmore (the last Whig PI
George W. Woodward. Although a member of a distinguished
the first galvanized bathtub into the White Ho
family and a proved Democrat, Woodward had acquired a reputa-
hard and with considerable determination tc
tion as an extreme "American nativist" and was staunchly op-
gered Union. He had but one chance to app
posed by several Democratic Senators, among them Simon Cam-
Court, yet his choice was an excellent one:
eron of his home state. Cameron's resolute opposition and the
Three other attempts to fill a later vacancy V
negative votes of five other Democrats along with a solid "no"
Senate.
vote by the Whigs resulted in Woodward's rejection 20:29 late in
Fillmore's initial opportunity came in th
January 1846. The exasperated Polk let six months go by, and
Justice Levi Woodbury died. The President I
then again asked James Buchanan to take the job. Flattered and
a successor, for he was genuinely concerned al
never one to be unduly decisive, the latter accepted-only to turn
on the Court because of what abolitionists tei
it down for the third time two months later! Next the President
stance in the slavery and fugitive slave iss
selected Robert Cooper Grier of Pennsylvania, the fifty-two-year-
wanted to find a man who had not only strei
old President Judge of the Allegheny County (Pittsburgh) District
the potential for judicial presence but also
Court.
contemporary history and politics. Moreover
It was now August 1846, and Henry Baldwin had been in his
nominee had to be a Whig, a comparativel
grave for twenty-eight months! It was about time to fill his seat,
New Englander.
and the Senate responded by confirming Grier in less than a day.
All these criteria he found in Benjamin R
It was not a difficult task for the upper house, for Grier was a
sachusetts, who came not only highly recomr
conservative Democrat and a cautious constitutionalist who was
tically backed by the still enormously influe
generally acceptable to all factions of the party. His long service
(although Webster's first choice had been R
on the bench proved to be predictably low key, and his perform-
clined to be considered). A renowned, skillec
ance was average. He loved being on the Supreme Court and re-
the Massachusetts Law Quarterly referred 1
JUSTICES AND PRESIDENTS
THE NEXT FORTY YEARS, I829-1869
109
ary of the Navy under Jackson, and Secretary of
signed only when (having become a mental and physical wreck)
r Van Buren), and judicial (as a judge on New
he yielded to the combination of liberalized retirement provisions
me Court). Few men had come before the Sen-
for Justices and the repeated entreaties of his colleagues-who at
ensive credentials; and his confirmation was so
one stage sent a delegation headed by Mr. Justice Stephen J. Field
that Polk gave him a recess appointment in Sep-
to urge him to step down. Grier is probably best remembered for
confirmed as soon as the Senate reconvened the
that episode and the ignoble role he played-with Justice Catron-
A long-time supporter of the governmental and
in informing President-elect Buchanan of the thrust of the Dred
mmitments of Chief Justice Taney, Woodbury
Scott decision in advance of the Court's public announcement.
conviction that, rather than looking eternally
Polk's successor, General Zachary Taylor, was the third Whig
icial system, the legal profession in the United
President. Taylor was firm, forthright, and honest, but this profes-
:lop an "American" legal system. But barely six
sional soldier was ill qualified and ill prepared for the political
ut short his promising career.
process. He lived only sixteen months after his inauguration in
lk still had the old Baldwin vacancy to fill. Be-
March 1849 and was the second of four Presidents to date who
State Buchanan would not take the position, the
made no appointments to the Supreme Court. His successor, Vice
to a jurist on the lower Pennsylvania bench,
President Millard Fillmore (the last Whig President, who brought
lward. Although a member of a distinguished
the first galvanized bathtub into the White House in 1851), worked
ed Democrat, Woodward had acquired a reputa-
hard and with considerable determination to preserve the endan-
le "American nativist" and was staunchly op-
gered Union. He had but one chance to appoint a member of the
Democratic Senators, among them Simon Cam-
Court, yet his choice was an excellent one: Benjamin R. Curtis.
state. Cameron's resolute opposition and the
Three other attempts to fill a later vacancy were frustrated by the
five other Democrats along with a solid "no"
Senate.
resulted in Woodward's rejection 20:29 late in
Fillmore's initial opportunity came in the fall of 1851 when
le exasperated Polk let six months go by, and
Justice Levi Woodbury died. The President gave much thought to
James Buchanan to take the job. Flattered and
a successor, for he was genuinely concerned about mounting attacks
nduly decisive, the latter accepted-only to turn
on the Court because of what abolitionists termed its pro-Southern
ird time two months later! Next the President
stance in the slavery and fugitive slave issues. Accordingly, he
ooper Grier of Pennsylvania, the fifty-two-year-
wanted to find a man who had not only strength of character and
!e of the Allegheny County (Pittsburgh) District
the potential for judicial presence but also an understanding of
contemporary history and politics. Moreover, he specified that the
igust 1846, and Henry Baldwin had been in his
nominee had to be a Whig, a comparatively young man, and a
eight months! It was about time to fill his seat,
New Englander.
sponded by confirming Grier in less than a day.
All these criteria he found in Benjamin Robbins Curtis of Mas-
cult task for the upper house, for Grier was a
sachusetts, who came not only highly recommended but enthusias-
ocrat and a cautious constitutionalist who was
tically backed by the still enormously influential Daniel Webster
le to all factions of the party. His long service
(although Webster's first choice had been Rufus Choate, who de-
ed to be predictably low key, and his perform-
clined to be considered). A renowned, skilled commercial lawyer-
He loved being on the Supreme Court and re-
the Massachusetts Law Quarterly referred to the forty-one-year-
JUSTICES AND PRESIDENTS
FROM GRANT TO MCKINLEY, 1869-1901
127
epublican record would be a basic requirement
year-old Stanton succumbed to a coronary thrombosis-and the
which he added geographic suitability. Other
President still had two seats to fill!
red not to matter; no discernible pattern of se-
Grant now acted quickly. Four days after Hoar's rejection, he
id in the eight nominations* Grant forwarded
sent to the Senate two nominations: for the Grier seat, William
, it is hardly astonishing that all except one of
Strong of Pennsylvania, and for the "new" ninth, Joseph P. Brad-
rd Hunt) would vote contrary to the heart of
ley of New Jersey. Strong, whom Grant had actually wanted to nom-
slation growing out of the three Civil War
inate instead of Stanton, was a distinguished and experienced state
rant presumably favored.
jurist who had been very much in the running for the Chief Jus-
d ninth seat on the Court-a "gift" to Grant by
ticeship of the United States in 1864. Enthusiastically backed by
dent nominated his Attorney General, the pop-
Hoar, by many prominent Pennsylvanians of both major political
in the Senate-outspoken, and independent
parties, and by incumbent members of the Court, the sixty-two-
Hoar was superbly qualified, but after seven
year-old Strong was easily confirmed by the Senate within ten
d delay the Senate rejected him 24:33 on Feb-
days, the nine opposition votes coming chiefly from Southerners
majority was furious with Hoar for his refusal
who felt their region should have received the nod.
ly partisan suggestions for lower-court nomi-
Things did not go so smoothly for the scholarly, thoughtful
)rs on behalf of a merit civil service system for
Bradley, five years Strong's junior. Also backed by Hoar, and cer-
ent, and his opposition to Andrew Johnson's
tainly Grant's most highly qualified appointee, he had been ini-
tially recommended for the post by Justice Grier himself-even
e was still arguing over Hoar, Grant was pre-
though Grier was a Democrat and Bradley a Republican. Before
d opening: the aged and ill Robert C. Grier at
he was finally confirmed six weeks later by a vote of 46:9, Brad-
colleagues' urgent pleas-they had sent the
ley came under heavy fire from Eastern "hard money" interests
ephen J. Field to do their dirty work-and re-
who quite correctly regarded him as dedicated to a "soft money"
o, after more than twenty-three years on the
economic philosophy. Yet Bradley had excellent business connec-
tht he might be able to strike a compromise
tions and, although he had no previous judicial experience, he had
ponents to the still-pending Hoar nomination
practiced a variety of law for many years, obtaining considerable
etition signed by a large majority of both the
prominence as one of the foremost railroad attorneys in the na-
se in favor of Lincoln's Secretary of War, the
tion. He would not disappoint the conservative business commu-
Stanton. Grant was not happy with this nom-
nity during his more than two decades on the bench, nor would he
reasonably certain that it would help Hoar's
let Grant and the Republicans down in the legal tender contro-
the other vacancy. He was quite wrong: al-
versy. And as a member of the Electoral Count Commission in the
agerly approved Stanton by a vote of 46:11 on
disputed Presidential Election of 1876 he cast the decisive 8:7
day after it officially received his name, it re-
ballot in the cases of each of twenty disputed electoral votes,
Hoar. Ironically, four days later the fifty-four-
thereby awarding the election to Republican Rutherford B. Hayes
at the President had so many opportunities to make
over Democrat Samuel J. Tilden.¹
Congress had restored the Court's membership to
Assuredly, Bradley was Grant's most fortuitous appointment
after the maligned Johnson's return to Tennessee.
eight nominees, however, ultimately served on the
in terms of ability and party loyalty. But he was not a happy
choice in terms of advancing civil rights legislation-as exemplified
130
JUSTICES AND PRESIDENTS
FROM GRANT TO MCKINLEY, 1869-1901
mally nominate any one of them; he seemed to enjoy the suspense.
against any encroachment by the States u]
Finally, recognizing that the time for experimenting and game
rights which belong to every citizen as a mer
playing was over, he yielded to continuing clamor from the Mid-
the other hand, Waite wrote the majority (
west and settled on another Ohioan, the rather undistinguished,
Granger Cases of 1877,7 which wrought a r
noncontroversial, quietly efficient, well-liked Morrison Remick
tional law: Waite's opinion in the leading
Waite.
Munn V. Illinois, recognized that the due prc
The Senate confirmed him 63:0 on January 21, 1874, two
the Fourteenth Amendment, although a barri
days after he was nominated, and, now more than eight months
ernmental assaults on property, did not forbi
after Chase's death, the Court had its first Justice ever to be con-
ernmental (here, state) police power to regi
firmed by a unanimous, formal roll call. The fifty-eight-year-old
of business "affected with a public interest."
attorney had been recommended to the President at the very out-
out that "when private property is affected wi
set of his quest for a successor to Chase. Grant had, in fact, known
ceases to be juris privati only," and he conc
Waite when the latter served, with others, as Counsel before the
repeated admonition that for "protection agai
Geneva Arbitration Commission of 1871 that considered the Ala-
tors, the people must resort to the polls, not
bama claims and deposits. An expert in real estate and titles,
this landmark decision-for which he is best
Waite was not too well known beyond Ohio; he had no judicial
career on the Court was basically that of a CC
experience; and he had never argued a case in the U.S. Supreme
nomic conservative.
Court. But he was respected as hardworking, able, and conscien-
Rutherford Birchard Hayes, the nation's
tious, a citizen of great integrity and considerable expertise in con-
entered the White House under a cloud afte
stitutional law. Widely called His Accidency because of his sev-
victory in the so-called "Stolen Election of 1
enth-fiddle nomination and described by Justice Field as a "man
doubt that the three-time governor of Ohio a
that would never have been thought of for the position by any
of Congress was an excellent President and
person except President Grant
an experiment which no
the somewhat delayed recognition that Presid
President has a right to make with our Court," Waite nonetheless
bestow in ranking him just below the "near 9
developed into an effective and tactful leader of a difficult and
brilliant man, but he was strong, public spirit
contentious Court. He deservedly earned the "near great" rating
tive, and-so vital after the shadowy and shad
accorded him in the light of history by most Court observers.
symbol of rectitude, morality, and honesty. D
Yet if Grant had expected Waite to lead the way in the liberal
election, a Democratic Congress during mos
interpretation of the Civil War amendments, he was badly mis-
considerable backbiting and factionalism in hi
taken. The new Chief Justice, like Bradley and Strong, gave a re-
the country strong leadership; he restored to
strictive rather than liberal construction to the amendments, par-
much of the good will and faith that Gran
ticularly to the Fourteenth Amendment, whose "due process of
wiped out. Unquestionably Hayes's most 1
law" and "privileges and immunities" clauses became the special
reaching executive move was his immediate re
targets of illiberal reading. Thus, Waite, echoing the devastating
from the South. Thus fulfilling a campaign p
Slaughterhouse Cases⁵ of three years earlier, wrote in 1876 that
wrote finis to both military and political Recc
the Fourteenth Amendment "adds nothing to the rights of one
tory and sensitive, he strove mightily to "bind
citizen as against another. It simply gives an additional guarantee
During his four years at the helm, Hayes
JUSTICES AND PRESIDENTS
FROM GRANT TO MCKINLEY, I869-1901
I49
dvocates on the Court, not only smoothly fit-
hardworking, and pleasant, Brown became a worthy member of
Court's approach to public policy, but going
the Court. Deserving perhaps more than the "average" ranking
rms of judicial activism on behalf of vested
accorded him, he demonstrated genuine independence while still
d on the "freedom of contract" doctrine. A
generally adhering to the philosophy of economic conservatism
ewer wrote almost 600 opinions during his
of the day. Although he was on the Peckham-Brewer-Fuller ma-
the bench, only one-tenth of these in dissent.
jority side in the notorious 1905 Lochner decision striking down
Id be summarized in excerpts from a famed
New York State's maximum-hour law for bakers,21 he had been
ress he delivered to the June 1891 graduating
the author of the 1896 majority opinion-with Brewer and Peck-
ham in dissent-upholding a maximum-hour law for miners in
Utah. 22 Today he is best remembered for quite another opinion-
S of absolute and eternal justice forbid that
rty, legally acquired and legally held, should
Plessy V. Ferguson, 23 handed down in 1896, written for an 8:1
lestroyed in the interests of public health,
Court (with Harlan I alone in dissent) : it enshrined the "separate
without just compensation [which, of course,
but equal" racial doctrine in constitutional law for the next six
ciary rather than the legislature to determine].
decades.
ne in earliest records, when Eve took loving
Justice Joseph P. Bradley, who had served so ably and influ-
the forbidden apple, the idea of property and
right of its possession has never departed from
entially on the Court for twenty-two years, died in January 1892.
r] human experience
declares that the
Harrison, determined that the crucial Third Circuit (Pennsylvania,
nt. mingled with the joy of possession, is the
New Jersey, and Delaware) continue to be represented on the
man activity.20
high bench, resolved to find a Pennsylvanian-especially since that
state had not been so represented since Justice Strong retired in
redly merited the high "average" rating granted
1880. (Bradley, of course, was from New Jersey, but Harrison
observers; President Harrison had every rea-
had convinced himself that New Jersey had no desirable candi-
/ith his nominee, even if he did not entirely
date to offer.) The resolve may have appeared easy to carry out,
ideas.
yet any Pennsylvanian of the President's choice would have to
d not have to wait long to realize his hopes for
overcome the almost certain opposition of U.S. Senator Matthew
After twenty-eight years of distinguished ser-
Quay, that state's Republican "boss," who had been very instru-
F. Miller died on October 14, 1890, thus giv-
mental in Harrison's election, but whose potent political machine
:ond appointment in little more than a year.
was now at bitter odds with the President, largely over patronage
vent through the motions of considering other
issues. Quay also had his own candidate: J. H. Brown, an amiable,
out there was never any doubt that he would
well-known attorney, eagerly backed by Pennsylvania's well-oiled
ient, conservative admiralty lawyer from De-
Republican organization. Harrison, however, was not amused. Nor
e of his selection was a judge of the U.S. Dis-
would he accept two other machine suggestions that would have
rn Michigan. Earlier he had served as Federal
received Quay's blessings: the aged Justice Edward Paxton and
istant U.S. Attorney in the same jurisdiction
Justice Henry William, both of the Pennsylvania State Supreme
Wayne County Circuit Court. He was con-
Court, both of whom enjoyed extensive support from the legal
ord roll call in a matter of days. Blessed with
fraternity as well as from local, state, and national figures.
cial temperament, intelligent, expertly trained,
Instead, the President turned to a relatively unknown Pitts-
148
JUSTICES AND PRESIDENTS
FROM GRANT TO MCKINLEY, 1869-1901
nomic laissez-faire advocates on the Court, not only smoothly fit-
ting into the Fuller Court's approach to public policy, but going
hardworking, and pleasant, Brown beca
well beyond it in terms of judicial activism on behalf of vested
the Court. Deserving perhaps more that
property rights based on the "freedom of contract" doctrine. A
accorded him, he demonstrated genuine
diligent worker, Brewer wrote almost 600 opinions during his
generally adhering to the philosophy of
twenty-one years on the bench, only one-tenth of these in dissent.
of the day. Although he was on the Pecl
His philosophy could be summarized in excerpts from a famed
jority side in the notorious 1905 Lochne
commencement address he delivered to the June 1891 graduating
New York State's maximum-hour law fo
class at Yale:
the author of the 1896 majority opinion-
ham in dissent-upholding a maximum-h
The demands of absolute and eternal justice forbid that
Utah.²² Today he is best remembered for
any private property, legally acquired and legally held, should
Plessy V. Ferguson,²³ handed down in 18
be spoliated or destroyed in the interests of public health,
Court (with Harlan I alone in dissent) : it
morals, or welfare without just compensation [which, of course,
but equal" racial doctrine in constitution:
he wanted the judiciary rather than the legislature to determine].
decades.
From the time in earliest records, when Eve took loving
possession of even the forbidden apple, the idea of property and
Justice Joseph P. Bradley, who had se
sacredness of the right of its possession has never departed from
entially on the Court for twenty-two years,
the race
[for] human experience
declares that the
Harrison, determined that the crucial Third
love of acquirement, mingled with the joy of possession, is the
New Jersey, and Delaware) continue to
real stimulus to human activity.20
high bench, resolved to find a Pennsylvania
Brewer's labors assuredly merited the high "average" rating granted
state had not been so represented since Ju
him by the Court's observers; President Harrison had every rea-
1880. (Bradley, of course, was from New
son to be pleased with his nominee, even if he did not entirely
had convinced himself that New Jersey ha
agree with all of his ideas.
date to offer.) The resolve may have appea
The President did not have to wait long to realize his hopes for
yet any Pennsylvanian of the President's (
a place for Brown. After twenty-eight years of distinguished ser-
overcome the almost certain opposition of 1
vice, Justice Samuel F. Miller died on October 14, 1890, thus giv-
Quay, that state's Republican "boss," who
ing Harrison his second appointment in little more than a year.
mental in Harrison's election, but whose po
For two months he went through the motions of considering other
was now at bitter odds with the President, la
worthy candidates; but there was never any doubt that he would
issues. Quay also had his own candidate: J. H
nominate the prominent, conservative admiralty lawyer from De-
well-known attorney, eagerly backed by Pen
troit, who at the time of his selection was a judge of the U.S. Dis-
Republican organization. Harrison, however,
trict Court for Eastern Michigan. Earlier he had served as Federal
would he accept two other machine suggesti
Marshal and as Assistant U.S. Attorney in the same jurisdiction
received Quay's blessings: the aged Justice
and as Judge of the Wayne County Circuit Court. He was con-
Justice Henry William, both of the Pennsyl
firmed without a record roll call in a matter of days. Blessed with
Court, both of whom enjoyed extensive sup
a commendable judicial temperament, intelligent, expertly trained,
fraternity as well as from local, state, and natic
Instead, the President turned to a relati
196
JUSTICES AND PRESIDENTS
FROM ROOSEVELT TO HOOVER, I90I-1933
Herbert Clark Hoover, the man who succeeded Coolidge in
ble record as a member of the Court. Indeed
1929, was a highly qualified, capable public servant. But despite
sistence on demonstrated merit, Hoover's crite
every good intention, he was a failure as President. If the experts
more difficult to ascertain than those of most c
have bestowed on him a rating of "average" rather than "below
did favor prior judicial experience, which al
average" or even "failure," it is very likely because they consid-
save Roberts possessed in considerable measure
ered the "Great Engineer" abused, for the realities of his record
concerned with real politics and, with the ex
were grim indeed. From West Branch, Iowa, Hoover had been a
the records of his candidates represented the
brilliant engineer and management expert, a masterful War Food
moderate-to-progressive, conservative busine
Administrator, and a highly successful Secretary of Commerce
which he was comfortable. He respected their
under Harding and Coolidge. Yet he was simply incapable of cop-
or upper-class educational and social backgrou
ing with either the political process or, surprisingly, with the so-
mindedness. Geography and religion became
cial and economic problems of his day. An apostle of "rugged
case of Cardozo.
individualism" and laissez-faire economics-a nineteenth-century
Because Hoover lived to a ripe ninety yea
man-he, too, was uncomfortable with the multiple demands of
nessed the performances of his three appoint
multiple interest groups and was pathologically opposed to strong
survived by a wide margin of time, but he also
federal action. After the stockmarket crash of October 1929, he
morphosis of the Court in 1937. It is not clear
had the inexorably bad luck to be saddled with the Great Depres-
felt about the change, but it is known that he,
sion. His experience theoretically qualified him to deal with the
of the bitter lessons of the realities of gove
Depression but, sadly, his attempts to check it were belated, in-
under stress, regarded it as inevitable and
effectual, and unconvincing. Moreover, he consistently made little
Cardozo, of course, had never been his kind c
of this catastrophe, bridled at criticism, and was practically inca-
ultimately came to pronounce Cardozo's appoi
pable of admitting to error. And his few halting attempts at estab-
est act of his career. Hughes and Roberts, ]
lishing viable public relations in a time of crisis were disastrous.
lished a record before the 1937 switch with
At the end, still pleading that "prosperity is just around the corner,"
tainly could live.
he had begun to stoop to name-calling, categorizing his political
The President's initial opportunity came
detractors in a manner that ill befitted his position and character-
of the fatally ill Chief Justice Taft on Februar
notwithstanding some recent efforts at reconstructionist interpreta-
bedside table lay a touching message from his
tions. In sum, Hoover provided little or no effective leadership.
ginning: "We call you Chief Justice still, fo:
Nonetheless, years later he reemerged as a respected éminence
give up the title by which we have known yc
grise of the governmental process under Presidents Truman and
years and which you have made so dear to us.
Eisenhower, especially with regard to institutional reorganization.⁷⁹
after having received Taft's resignation, Pre
Hoover appointed three outstanding individuals to the Supreme
had paid the dying Taft a bedside visit-na
Court: Charles Evans Hughes, a Chief Justice with few peers;
Hughes to replace him-with Taft's advance
Benjamin N. Cardozo, one of the greatest men of the Court; and
surprise of many observers, including the pre
Owen J. Roberts, an able and conscientious jurist. Even John J.
dently expected the elevation of Stone. Actu
Parker, his so unfairly rejected nominee, was a jurist of outstand-
January-given Taft's obvious terminal illnes
ing credentials who unquestionably would have left a commenda-
William D. Mitchell had sought the assista
JUSTICES AND PRESIDENTS
FROM ROOSEVELT TO HOOVER, I90I-1933
197
oover, the man who succeeded Coolidge in
ble record as a member of the Court. Indeed, other than an in-
[ualified, capable public servant. But despite
sistence on demonstrated merit, Hoover's criteria for selection are
he was a failure as President. If the experts
more difficult to ascertain than those of most other Presidents. He
m a rating of "average" rather than "below
ilure," it is very likely because they consid-
did favor prior judicial experience, which all of his appointees
neer" abused, for the realities of his record
save Roberts possessed in considerable measure. He was, of course,
om West Branch, Iowa, Hoover had been a
concerned with real politics and, with the exception of Cardozo,
the records of his candidates represented the kind of Republican
management expert, a masterful War Food
moderate-to-progressive, conservative business orientation with
1 highly successful Secretary of Commerce
bolidge. Yet he was simply incapable of cop-
which he was comfortable. He respected their upper-middle-class
olitical process or, surprisingly, with the so-
or upper-class educational and social backgrounds and their public
roblems of his day. An apostle of "rugged
mindedness. Geography and religion became an issue only in the
case of Cardozo.
aissez-faire economics-a nineteenth-century
icomfortable with the multiple demands of
Because Hoover lived to a ripe ninety years, he not only wit-
nessed the performances of his three appointees, all of whom he
ps and was pathologically opposed to strong
survived by a wide margin of time, but he also witnessed the meta-
the stockmarket crash of October 1929, he
d luck to be saddled with the Great Depres-
morphosis of the Court in 1937. It is not clear how Hoover really
theoretically qualified him to deal with the
felt about the change, but it is known that he, having learned some
, his attempts to check it were belated, in-
of the bitter lessons of the realities of government and politics
ncing. Moreover, he consistently made little
under stress, regarded it as inevitable and probably necessary.
ridled at criticism, and was practically inca-
Cardozo, of course, had never been his kind of jurist, although he
error. And his few halting attempts at estab-
ultimately came to pronounce Cardozo's appointment as the proud-
est act of his career. Hughes and Roberts, however, had estab-
elations in a time of crisis were disastrous.
lished a record before the 1937 switch with which Hoover cer-
ig that "prosperity is just around the corner,"
tainly could live.
P to name-calling, categorizing his political
The President's initial opportunity came with the resignation
that ill befitted his position and character-
of the fatally ill Chief Justice Taft on February 3, 1939. On Taft's
recent efforts at reconstructionist interpreta-
bedside table lay a touching message from his eight colleagues, be-
[ provided little or no effective leadership.
ginning: "We call you Chief Justice still, for we cannot quickly
er he reemerged as a respected éminence
give up the title by which we have known you for all these later
ntal process under Presidents Truman and
years and which you have made so dear to us. Within five hours
with regard to institutional reorganization.⁷⁹
after having received Taft's resignation, President Hoover-who
three outstanding individuals to the Supreme
had paid the dying Taft a bedside visit-named Charles Evans
Hughes, a Chief Justice with few peers;
Hughes to replace him-with Taft's advance blessing and to the
one of the greatest men of the Court; and
surprise of many observers, including the press, which had confi-
able and conscientious jurist. Even John J.
dently expected the elevation of Stone. Actually, already in late
rejected nominee, was a jurist of outstand-
January-given Taft's obvious terminal illness-Attorney General
questionably would have left a commenda-
William D. Mitchell had sought the assistance of Justices Van
200
JUSTICES AND PRESIDENTS
FROM ROOSEVELT TO HOOVER, I90I-1933
initially looked to the South for a replacement for the late Tennes-
steadfastly embraced the "Four Horsemen"
see jurist. His choice devolved on a well-known and well-liked
mental functions and powers-with important
North Carolina Republican, Judge John J. Parker of the U.S. Court
was Roberts who, along with Hughes, execu
of Appeals for the Fourth Circuit. His rejection (see Ch. 3, su-
that changed the course of constitutional la
pra) by the narrow vote of 39:41 is now all but universally re-
Chief Justice had probably been prepared
garded not only as unfair and regrettable but as a blunder. It was
considerably earlier, but for reasons of str:
the last Senatorial veto of a Supreme Court nominee until the
unity preferred to wait until Roberts would
aborted promotion of Abe Fortas to Chief Justice and the Hayns-
been so instrumental in the change, Roberts I
worth and Carswell rejections four decades later.
former posture once the last of the Four H
The failure to win confirmation for Judge Parker resulted in
Reynolds, had retired in 1941. In many way
President Hoover's selection of Owen J. Roberts, a fifty-five-year-
noble citizen, Roberts tended to vacillate ju
old Pennsylvania Republican from a to-the-manner-born Philadel-
ing evaluation difficult. Although he was coi
phia family. As the federal government's special prosecutor in the
than "average," the rating usually accorded h
Teapot Dome oil scandals, he had achieved national recognition
ers, Justice Roberts's performance makes any
and praise; he had also served well as a Special U.S. Deputy At-
difficult to sustain. His resignation in 1945
torney General during World War I in connection with espionage
his disenchantment with what he regarded as
and sabotage cases, and in the Justice Department of Pennsylvania.
from established legal precedents by the St
A judicious and modest person but an able and strong advocate,
Court. If that was indeed the case, Roberts h
he was an eagerly sought out practitioner of the law, especially in
cilitating that policy.
the corporate field, where he was close to the then very powerful
On January 15, 1932, Oliver Wendell Ho
Pennsylvania Railroad. His nomination was broadly applauded-
ninety-one but still alert and cheerful, bowed
support came from all parts of the political spectrum. Conserva-
carious health and resigned. More than three
tives looked to his long-standing business connections and liberals
ibly productive and towering judicial career
to his demonstrated humanitarian concerns. Thus, he commanded
How to replace the "judicial philosopher o
the vocal support of such key anti-Parker Republican Senators as
striking out on his own, let it be known that }
Arthur Vandenberg (Michigan) and Charles L. McNary (Ore-
"non-controversial western Republican" as tl
gon) as well as of perpetual Republican mavericks Borah, La Fol-
cessor. But almost at once the Chairman of t
lette, and Norris. Roberts was confirmed by acclamation literally
Committee, George W. Norris, made it plain
one minute after the Judiciary Committee, with its unanimous en-
he and his fellow committeemen, largely Der
dorsement, sent the nomination to the floor of the Senate on May
sive Republicans, would insist on a judicial S
21, 1930.
gressive Holmes mold. Others were rather mo
Yet Justice Roberts would lastingly please neither political wing.
faculty of the Law School of the Universi
There was an almost terpsichorean quality about this benign,
Hoover to nominate Benjamin Nathan Carc
conscientious jurist who established a probably difficult-to-equal
the New York Court of Appeals-a man wide
record of inconsistency in his voting on the bench. Beginning
America's most brilliant jurists, one who mig
his Court career of fifteen years as a "centrist" or "neutralist"
on the U.S. Supreme Court had it not been
with certain articulated liberal policy notions, he soon rather
opposition to him during the 1920s. The De:
JUSTICES AND PRESIDENTS
FROM ROOSEVELT TO HOOVER, I90I-1933
20I
the South for a replacement for the late Tennes-
steadfastly embraced the "Four Horsemen" approach to govern-
oice devolved on a well-known and well-liked
mental functions and powers-with important exceptions.⁸⁶ Yet it
epublican, Judge John J. Parker of the U.S. Court
was Roberts who, along with Hughes, executed the 1937 switch
e Fourth Circuit. His rejection (see Ch. 3, su-
that changed the course of constitutional law in our time. The
w vote of 39:41 is now all but universally re-
Chief Justice had probably been prepared to effect that switch
S unfair and regrettable but as a blunder. It was
considerably earlier, but for reasons of strategy and maximum
veto of a Supreme Court nominee until the
unity preferred to wait until Roberts would join him. Yet having
1 of Abe Fortas to Chief Justice and the Hayns-
been so instrumental in the change, Roberts began to revert to his
1 rejections four decades later.
former posture once the last of the Four Horsemen, James Mc-
win confirmation for Judge Parker resulted in
Reynolds, had retired in 1941. In many ways a sympathetic and
; selection of Owen J. Roberts, a fifty-five-year-
noble citizen, Roberts tended to vacillate jurisprudentially, mak-
Republican from a to-the-manner-born Philadel-
ing evaluation difficult. Although he was considerably more able
: federal government's special prosecutor in the
than "average," the rating usually accorded him by Court observ-
scandals, he had achieved national recognition
ers, Justice Roberts's performance makes any other categorization
also served well as a Special U.S. Deputy At-
difficult to sustain. His resignation in 1945 was based largely on
ting World War I in connection with espionage
his disenchantment with what he regarded as wholesale deviations
and in the Justice Department of Pennsylvania.
from established legal precedents by the Stone, or "Roosevelt,"
odest person but an able and strong advocate,
Court. If that was indeed the case, Roberts had had a hand in fa-
ought out practitioner of the law, especially in
cilitating that policy.
where he was close to the then very powerful
On January 15, 1932, Oliver Wendell Holmes, Jr., now almost
bad. His nomination was broadly applauded-
ninety-one but still alert and cheerful, bowed to old age and pre-
all parts of the political spectrum. Conserva-
carious health and resigned. More than three decades of an incred-
ong-standing business connections and liberals
ibly productive and towering judicial career thus came to an end.
humanitarian concerns. Thus, he commanded
How to replace the "judicial philosopher of the age"? Hoover,
such key anti-Parker Republican Senators as
striking out on his own, let it be known that he would like to see a
(Michigan) and Charles L. McNary (Ore-
"non-controversial western Republican" as the Old Yankee's suc-
erpetual Republican mavericks Borah, La Fol-
cessor. But almost at once the Chairman of the Senate's Judiciary
oberts was confirmed by acclamation literally
Committee, George W. Norris, made it plain to the President that
Judiciary Committee, with its unanimous en-
he and his fellow committeemen, largely Democrats and Progres-
nomination to the floor of the Senate on May
sive Republicans, would insist on a judicial statesman in the pro-
gressive Holmes mold. Others were rather more specific: the entire
rts would lastingly please neither political wing.
faculty of the Law School of the University of Chicago urged
st terpsichorean quality about this benign,
Hoover to nominate Benjamin Nathan Cardozo, Chief Judge of
who established a probably difficult-to-equal
the New York Court of Appeals-a man widely regarded as one of
ncy in his voting on the bench. Beginning
America's most brilliant jurists, one who might already have been
fifteen years as a "centrist" or "neutralist"
on the U.S. Supreme Court had it not been for Taft's sustained
ited liberal policy notions, he soon rather
opposition to him during the 1920s. The Deans of the prestigious
CONSTI
112
CONSTITUTION
The government of the Union,
is, emphatically, and truly, a
the theory that the Const
government of the people. In form and in substance it emanates from
fiction. The idea that it can b
them. Its powers are granted by them, and are to be exercised directly
and the history of its past dev
on them, and for their benefit.
the Government and the peop
-MARSHALL, John, in M'Culloch v. Maryland, 17 U.S. (4 Wheat.)
and respect as such, what th
316, 404-405 (1819).
merely what it has been, or
something else and those wh
as well as those who praise, h
-BEARD, Charles A. and
York: The Macmillan Compan
The preamble declares domestic tranquility as well as liberty to be
an object in founding a Federal Government and I do not think the
Forefathers were naive in believing both can be fostered by the law.
-JACKSON, Robert H., Terminiello v. Chicago, 337 U.S. 1, 34 (1949).
CONSTITUTIONAL LAV
The question is, in truth, a question of supremacy;
But a great principle of con
-MARSHALL, John, in M'Culloch v. Maryland, 17 U.S. (4 Wheat.)
prehensive statement in an a
316, 433 (1819).
-CARDOZO, Benjamin N.,
327 (1936).
the particular phraseology of the constitution of the United States
confirms and strengthens the principle, supposed to be essential to all
The sword and the purse,
written constitutions, that a law repugnant to the constitution is void;
siderable portion of the in
and that courts, as well as other departments, are bound by that in-
government.
-MARSHALL, John, in A
strument.
316, 407 (1819).
-MARSHALL, John, in Marbury v. Madison, 5 U.S. (1 Cranch) 137,
180 (1803).
The government which has
The Constitution was written to be understood by the voters; its words
the duty of performing th
and phrases were used in their normal and ordinary as distinguished
reason, be allowed to select
from technical meaning; where the intention is clear there is no room
-MARSHALL, John, in
for construction and no excuse for interpolation or addition.
316, 409-410 (1819).
-ROBERTS, Owen J., United States v. Sprague, 282 U.S. 716, 731
(1931).
For excesses of competitic
-GARDNER, John, in
The Constitution was built for rough as well as smooth roads. In time
under the same power.
Quotations
Too? (New York: Harper
of war the nation simply changes gears and takes the harder going
-BURTON, Harold H., in Duncan V. Kahanamoku, 327 U.S. 304, 342
(1946).
Quote Memorable It! E.gerbert Legal
It is true that competitior
for competition does not
nothing to take the place
QUOTE It!
Memorable Legal Quotations
JURISDICTION
305 E. gerhart
mission under which it is exercised, is void. No legislative act, there-
fore, contrary to the Constitution, can be valid. To deny this, would
be to affirm that the deputy is greater than his principal; that the
servant is above his master; that the representatives of the people are
superior to the people themselves; that men acting by virtue of powers
may do not only what their powers do not authorize, but what they
forbid.
-HAMILTON, Alexander, The Federalist, No. 78, The Federalist
Papers (New Rochelle, New York: Arlington House, 1966), p. 467.
The result is that the Court is able today to approach the question of
factual justification from either one of two opposed angles, according
as it wishes to sustain a statute or to overturn it, and is able to cite an
ample array of precedents in justification of either approach.
-CORWIN, Edward S., The Twilight of the Supreme Court (New
Haven: Yale University Press, 1934), p. 86.
When an act of Congress is appropriately challenged in the courts as
not conforming to the constitutional mandate the judicial branch of
the Government has only one duty,-to lay the article of the Constitu-
tion which is invoked beside the statute which is challenged and to
decide whether the latter squares with the former.
-ROBERTS, Owen J., in United States v. Butler, 297 U.S. 1, 62
(1936).
Although research has shown and practice has established the futility
of the charge that it was a usurpation when this court undertook to
declare an act of Congress unconstitutional, I suppose that we all agree
that to do so is the gravest and most delicate duty that this court is
called on to perform.
-HOLMES, Oliver Wendell, in Blodgett V. Holden, 275 U.S. 142, 147-
48 (1928).
JURISDICTION
A court does not have the power, by judicial fiat, to extend its juris-
diction over matters beyond the scope of the authority granted to it
by its creators.
-REED, Stanley, in Stoll v. Gottlieb, 305 U.S. 165, 171 (1938).
JUL 20 '90 17:56 REPUBLICAN ST. COMMITTEE OF PA.
P.1
STATE COMMITTEE
REPUBLICAN 30
Republican State Committee of Pennsylvania
112 State Street
Harrisburg, Pennsylvania 17105
(717) 234 - 4901
Fax (717) 231 - 3828
Date: 7/20
Time:
5:55PM
To:
CAROLYN CAWLEY
Department: The White HOUSE
Telecopier Number:
Number of pages including cover sheet:
9
Message:
Sent From:
Name:
DRUCE
Department:
Telecopier Number:
If all pages are not received, please call (717) 234 - 4901
JUL 20 '90 17:57 REPUBLICAN ST. COMMITTEE OF PA.
P.2:
Appropriations Committee
MICHAEL B. ROSENSTEN
JOSEPH R PITTS
EXECUTIVE DIRECTOR
REPUBLICAN CHAIRMAN
(717) 787-1994
(717) 787-17W
HOUSE OF REPRESENTATIVES
COMMONWEALTH OF PENNSYLVANIA
HARRISBURG 17120-0028
June 6, 1990
MEMORANDUM
Subject: Joint Press Conference with Senator Tilghman
To:
From:
Rep. Joseph R. Pitts
House Republican Caucus JRP
This morning Senator Tilghman and I along with our executive
directors gave a briefing to the press outlining the potential
billion dollar problem created by Governor Casey's budget.
I thought that it might be helpful to you to have a copy of the
handouts that we used for the media.
If you have any questions with regard to this material, please
contact either Michael B. Rosenstein or me at 7-1711.
JRP/jmv
Enclosure
Casey's Billion Dollar Duuget 1 TONICILI
(Millions)
1989-90 Revenue Shortfall
$226
1989-90 Deficiencies
119
SWIF Transfer
216
JUL 20 '90 17:57 REPUBLICAN ST. COMMITTEE OF PA.
PERF Bonds
117
1990-91 Revenue Estimate
220
Underfunded Welfare Budget
200
Casey Budget Deficit
$1,098
Casey Uses Non Recurring Revenue
for Permanent Spending
(Millions)
Local Tax Reform Windfall
$140
Unemployment Compensation Trust Fund
41
JUL 20 '90 17:57 REPUBLICAN ST. COMMITTEE OF PA.
State Workers Insurance Fund - 88-89
110
89-90
95
90-91
216
PERF Bonds
117
$719
State Tax Collections
General Fund Revenues VS. Governor Casey's Estimate
$100
50
0
-16.6
-16.6
JUL 20 '90 17:58 REPUBLICAN ST. COMMITTEE OF PA.
-25.5
-50
-48.8
-66.0
-100
-83.9
-94.1
Millions of Dollars
-107.6
-119.5
-150
Revenue Shortfall
-155.9
-200
Through May
$226 Million
-226.0
-250
300
July
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
June
1989
Fiscal
ar
1990
from the Department of Revenue
The Roll Call on Education
State Pays A Smaller Share
44%
43.5%
43.3%
43.2%
43.2%
43.1%
43
42.8%
42.5%
JUL 20 '90 17:58 REPUBLICAN ST. COMMITTEE OF PA
42
42.0%
41.8%
41.5%
Percent
41
00
39.7%
Casey Budget
P.6
39
Proposal
0
1980-81 1981-82 1982-83 1983-84 1984-85 1985-86 1986-87 1987-88 1988-89 1989-90 1990-91
Fiscal Year
Growth of Special Education Debt to School Districts
$120,000
119,000
100,000
84,000
80,000
JUL 20 '90 17:58 REP REPUBLICAN ST. COMMITTEE OF PA
60,000
50,000
Thousands
40,000
24,000
14,000
20,000
20,000
8,000
5,000
5,000
Casey
2,000
Administration
0
$99 Million
P.7
1961-82 1982-83 1983-84 1984-85 1985-86 1986-87 1987-88 1988-89 1989-90
Repayment in
1989-90
School Year Debt Incurred
Budget
Welfare Budget Deficiencies
Medical Assistance
$990
Revised Estimate
S 50 Million
Millions
$857
$840
Casey Budget
JUL 20 '90 17:59 REPUBLICAN ST. COMMITTEE OF PA.
89-90
Fiscal Year
90-91
Cash Grants
$596
Underfunded
by
Revised Estimate
$50 Million
$200 Million
Millions
$566
$546
Casey Budget
8'd
89-90
Fiscal Year
90-91
Revised estimates by Senate Appropriations Committee (K)
Lottery Fund Surplus Turns To Deficit
$300
266.9
265.0
258.4
217.6
214.5
200
169.6
130.2
JUL 20 '90 18:00 REPUBLICAN ST. COMMITTEE OF PA.
100
57.6
Millions of Dollars
.8
0
16.1
-82.7
-100
1982-83
1983-84
1984-85
1985-86
1986-87
1987-88
1988-89
1989-90
1990-91
P.9
Governor Thomburgh
Governor Casey
Fiscal Year
Actual
Governor's Estimate
Revised Estimate
July 19, 1990
MEMORANDUM
TO:
MARK LANGE
FROM:
CAROLYN CAWLEY
RE:
SULLIVAN PRINCIPLES
The Sullivan Principles were drafted in Philly.
(Source: Mrs. Love, Reverend Sullivan's asst.
Phone: (215) 236-7578 )
Tom Niblock/ South African desk officer at State/ 647-8432
Rev. Sullivan disassociated from the organization.
It is now called the Signatory Organization.
Therefore, he suggests that although the US fully
supports the organization, that we not refer to the
principles by name:
"In this city, American companies pledged to follow
a rigorous set of principles governing their business
and trade practices in South Africa
"
1975 - 1st major attempt to shape a
code of conduct
commitment
SENT BY: Olivetti FX 2000 ; 7-19-90 ; 3:58PM ;
2026475007-
2024566218:# 1
United States Department of State
Washington, D.C. 20520
OFFICE OF SOUTHERN AFRICAN AFFAIRS (AF/S)
TELECOPIER TRANSMITTAL
DATE:
July 19, 1990
NUMBER OF PAGES (INCLUDING COVER)
2
TO:
Carolyn Cawley
Office of Speech Writing
The White House
TELECOPIER NUMBER:
456-6218
FROM: Sandy Rawson
PHONE:
647-8432
COMMENTS:
Per our telephoen conversation.
THE OFFICE OF SOUTHERN AFRICAN AFFAIRS TELECOPIER
NUMBER IS (202) 647-5007.
Time sent:
SENT BY: Olivetti FX 2000 ; 7-19-90 ; 3:58PM ;
2026475007->
2024566218:# 2
APPENDIX A
SIGNATORY COMPANIES
STATEMENT OF PRINCIPLES FOR SOUTH AFRICA *
1988
Principle 1 - Nonsegregation of the Races in All Eating,
Comfort, Locker Room, and Work Facilities.
Principle 2 - Equal and Fair Employment Practices for All
Employees.
Principle 3 - Equal Pay for All Employees Doing Equal or
Comparable Work for the Same Period of Time.
Principle 4 - Initiation and Development of Training Programs
That Will Prepare Blacks, Coloreds and Asians in
Substantial Numbers for Supervisory,
Administrative, Clerical, and Technical Jobs.
Principle 5 - Increasing the Number of Blacks, Coloreds and
Asians in Management and Supervisory Positions.
Principle 6 - Improving the Quality of Employees' Lives Outside
the work Environment in Such Areas as Housing,
Transportation, Schooling, Recreation, and Health
Facilities.
Principle 7 - Working to Eliminate Laws and Customs that Impede
Social and Political Justice.
* Formerly called the Sullivan Code
-34-
USA'SNAPSHOTS:
Alook at statistics that shape the nation
What a workday buys
How long we toil in an 8-hour workday to pay taxes and
other expenses:
2.45
Daily work time to
meet expenses
1.25
the
1.03
:57
46
39 25
er
Rec.
costain Housing Food
& state
Madical care C portation Trans reation
tobacco
taxes
TE
Source: The Tax Foundation, 1990
18) Julie Stacey USATODAY
Baseball's B
T
863 5454 Mr. Merski
of
47 Fed
58 state & Loca
Photo Copy Preservation
JUL 20 '90 04:46PM CITIZENS FOR A SOUND ECONOMY
TAX FOUNDATION
P.1/5
470 L'ENFANT FLAZA S.W., EAST BUILDING #7112. WASHINGTON. D.O. 20024 (202) 863-5454 FAX: (202) 468-8282
DATE:
7/20/90
TO:
NAME: Carolyn Cawley
FIRM:
White House
CITY:
Washington, DC
FROM:
NAME:
Paul Merski
FIRM:
Tax Foundation
CITY:
Washing D.C
RE:
5
NUMBER OF PAGES (including this page) :
COMMENTS:
CSE
TAX FOUNDATION
Clizens for c
470 L'Enfant Plaza, SW
sound Economy
Foundation
East Building, Suite 7112
470 L'Entant Piazo, SW
FOUNDATION
East Building #7112
Washington, DC 20024
Washington, DC 20024
(202) 488-8200
(202) 663-5454
FAX: (202) 488-8282
FAX: (202) 488-8282
Poul G. Merski
Paul G. Merski
Director of Tax & Budget
Director of Fiscal Affairs
Research
If you do not receive all the pages, please call the receptionist
at 202/488-8200.
JUL 20 '90 04:46PM CITIZENS FOR A SOUND ECONOMY
P.2/5
TAX FOUNDATION
470 L'ENFANT PLAZA, S.W., EAST BUILDING #7112, WASHINGTON. D.C. 20024 (202) 863-5454 FAX: (202) 488-8282
#:
NEWS
RELEASE
Embargoed: For Release April 16, 1990, a.m. editions
Contact: Bill Ahern or Sedef Onder (202) 863-5454
TAX FREEDOM DAY 1990 IS MAY 5:
TWO DAYS LATER THAN 1989 - LATEST DATE EVER
WASHINGTON, D.C., April 16, 1990 - As Americans scramble to comply with the April 16 IRS
filing deadline, they may think they will be free from the tax collector at the end of the day, but Tax
Freedom Day doesn't come until May 5 this year. The Tax Foundation has calculated that to be the day
when the American taxpayer will have earned enough money to pay this year's total taxes.
That means the average taxpayer will labor 125 days - from January 1 to May 5 - to satisfy all
federal, state and local tax obligations, with every cent earned from the beginning of the year going to
the tax collectors. Finally, on May 5, he will heave a sigh of relief and start pocketing some of his hard-
earned money.
Especially bad news is that May 5th is the latest Tax Freedom Day ever. Last year this task
required 123 days and Tax Freedom Day fell on May 3. The Tax Foundation attributes the two-day
advance to several important factors:
The base-broadening provisions in the Tax Reform Act of 1986 and other legislation have
subjected a greater percentage of income to taxation.
The January 1, 1990, increases in the Social Security taxable earnings base and tax rate will
cost taxpayers over $10 billion this year alone.
Many state and local taxes have increased sharply due to demand for higher spending.
The slowdown in economic growth has reduced the growth in individuals' incomes.
Among these factors, the most significant is the projected slowdown in income growth for 1990.
The nation's nominal income is estimated to grow only 5.7 percent while the the total tax take is
projected to increase 7.2 percent. Stated simply, tax increases will outpace the growth in individuals'
incomes during 1990.
- more .
Tax Foundation to Unveil State-by-State Tax Freedom Day at April 16 Press Conference
Tax Freedom Day has always been calculated using nationwide data. The Tax Foundation has
analyzed each state's tax burden and for the first time computed a 1990 Tax Freedom Day for each
state and the District of Columbia. A Tax Foundation Special Report with this information will be
distributed the morning of April 16 in the Zenger Room of the National Press Club from 10:00 a.m.
to 12 noon. Tax Foundation economists will be on hand to answer questions and give interviews.
JUL 20 '90 04:47PM CITIZENS FOR A SOUND ECONOMY
P.3/5
TAX FREEDOM DAY / 2
The Tax Bite in the Eight-Hour Day
Another way to graphically express the tax burden's effect on the average worker's paycheck is the
Tax Bite in the Eight-Hour Day. In 1990, Tax Foundation analysts estimate that the average worker will
spend 2 hours and 45 minutes of an 8-hour day working to satisfy federal, state and local tax collectors
- three minutes more than in 1989. One hour and 47 minutes will go towards federal taxes while 58
minutes will be devoted to state and local taxes.
"Tax Bite
1990 "Tax Bite In the Eight-Hour Day"
In the Eight-Hour Day"
(hours:minutes)
1989-1990
Recreation
Food &
All Other
:25
Tobacco
(hours:minutes)
:41
:57
1989
1990
Transportation
Total Taxes
2:45
:39
2:42
Federal
1:48
1:47
Health &
State and Logal
186
:58
Medical Care
Housing &
Total Personal Consumption
:46
Expenditures
5:18
5:15
Household
Housing and Household
Operations
Operations
1:26
1:25
1:25
Food and Tobacco
:58
:57
Health and Medical Care
:46
146
Clothing
Transportation
:39
:39
:22
Recreation
25
:25
Clothing
123
:22
Federal Taxes
State/Local
All Other
141
:41
1:47
Taxes
8-Hour Day
8:00
:58
$100
Source: Tax Foundation
Source: Tax Foundation
So with the bulk of his workday, 2 hours and 45 minutes, spent working for the tax collector, where
does the average worker spend the remaining 5 hours and 15 minutes of earnings? The largest portion is
spent on housing and household operations: 1 hour and 25 minutes. Food and tobacco take 57 minutes
while health & Medicare costs absorb 46 minutes. Taxpayers will then work 39 minutes for
transportation expenditures, 22 minutes for clothing, and 41 minutes for "all other" expenditures
(personal care, personal business, private education, religious and welfare activities, foreign travel, and
net savings). The typical worker spends the money he makes during the last 25 minutes of the day on
recreation.
Tax Freedom Day History
The May 5, 1990, Tax Freedom Day is the latest date on record, continuing the decades-long trend
of rising tax obligations. The early 1980s saw Tax Freedom Day at an all-time high of May 4 in 1981.
The Reagan tax cuts under the Economic Recovery Tax Act of 1981 (ERTA) helped reduce the federal
tax burden and we witnessed a temporary decline in the date of Tax Freedom Day to April 28 in 1984.
Since then, major tax legislation has boosted the date to its present high of May 5. Except for the Tax
Reform Act of 1986, the major drive behind tax legislation after 1981 was purely and simply to increase
tax revenues. Fifteen separate tax bills passed since ERTA have resulted in net tax increases.
The state and local tax burden peaked in the 1976-1977 period before Proposition #13 in California
set off a successful round of tax limitation measures in the states. The state/local tax burden dipped until
- more -
JUL 20 '90 04:47PM CITIZENS FOR A SOUND ECONOMY
P.4/5
TAX FREEDOM DAY / 3
1981, then resumed its steady long-term rise. Continued fiscal pressures in many states indicate that this
trend is likely to continue.
Tax Freedom Day
Tax Freedom Day
Selected Years 1950 . 1990
and
May 5
May 1
Tax Bite In the Eight-Hour Day
April 28
Tax Freedom Day
Tax Bite (hrs: min.)
May 1
April 28
Number
State/
Year
Day
of Days
Total
Faderal
Local
April 17
1984*
April 28
718
2:36
1:42
:54
1985
May 1
121
2:38
1:44
:54
April 15
1986
May 2
122
2:40
1:44
:56
1987
May 4
124
2:43
1:47
:66
April $
1988*
May 2
123
2:41
1:45
;56
1989
May 3
123
2:42
1:45
:66
1990s
May 5
125
2:45
1:47
:68
April 1
April 3
. Leap year causes the calendar date of Tax Fraudom Day to
appear one day earlier.
4 Estimates by Tax Foundation.
1946
1950
1956
1960*
1985
1970
1975
1980*
1985
1890e
Source: Tax Foundation
Tax Freedom Day Outlook
Although the average American will work until May 5 and forfeit over 34 percent of his total
income in 1990, the government will spend all that money and more. It should be noted that Tax
Freedom Day does not reflect the estimated $124 billion in federal deficit spending for 1990. It can be
argued, of course, that the average worker does not have a definite "share" of this deficit and will feel its
effect through future increases in the tax burden and/or a weaker economy.
Spending a record 125 days until May 5 to pay off the tax collectors may come as a shock to many
Americans. However, the combined pressures of a persistent federal budget deficit, demands to expand
funding for new and existing programs, budget crises in numerous states and the slowdown in income
growth could easily make Tax Freedom Day even later on our calendars.
The Tax Foundation is a nonprofit, nonpartisan research and public education organization founded
in 1937 to monitor tax and fiscal activities at all levels of government.
- end -
JUL 20 '90 04:48PM CITIZENS FOR A SOUND ECONOMY
P.5/5
TAX FREE DAY HISTORY
Tax Freedom Day and Tax Bas in Exphi-Hour Day*
- Years 1929-1990
Tax Bae in the Eight-Hour Day(b)
(Hours:Minutes)
Tax Freedom Day(a)
Total
Foceral State and Local
029
February 9
:52
:10
33
531
February 15
1:00
:13
147
$33
March 5
1:24
:25
:68
935
March 1
1:17
:28
:45
$37
March 6
1:24
:40
:44
939
March @
1:24
:38
:46
940°
March 8
1:29
:45
:44
941
March 17
1:40
1:04
:36
942
March 10
1:43
1:24
20
943
April 6
2:06
1:42
24
Ddde
March 30
1:58
1:36
:22
1945
April 1
1:59
1:36
:23
1948
March 31
1:57
1:30
:27
1947
April 3
2:01
1:33
:28
1948"
March 25
1:55
1:26
:28
1949
March 24
1:48
1:16
:32
1950
April 3
2:02
1:30
:32
1959
April 10
2:11
1:40
:31
1952'
April 10
2:12
7:40
:32
1953
April 10
2:12
9:60
:32
1954
April 6
2:05
1:30
135
1955
April $
2:08
1:34
:35
1935'
April 11
2:13
1:37
:35
1957
April 13
2:14
1:37
139
1958
April 10
2:12
1:32
:40
1858
April 14
2:18
1:35
:40
1950'
April 17
2:22
1:40
:42
1981
April 18
2:22
1:38
:4.6
1952
April 18
2:21
1:38
:43
1982
April 19
2:23
1:39
:
1964'
April 15
2:15
1:33
:45
1965
April 15
2:17
1:33
:44
1966
April 18
2:21
1:36
:46
1957
April 20
2:24
1:37
:47
1968'
April 25
2:32
1:32
:53
1959
May 9
2:38
1:48
:50
1570
April 28
2:34
1:40
:56
1971
April 25
2:31
1:36
:55
1672°
April 29
2:36
1:39
:57
1673
April 29
2:36
9:45
:55
1974
May 3
2:41
9:05
:SE
1875
April 28
2:35
1:38
157
1978"
May 1
2:40
1:42
:58
1677
May 3
2:41
1:43
:58
1978
May 3
2:41
1:45
:56
1578
May 3
2:41
1:45
:53
1980°
May ,
2:38
1:48
:51
1981
May 4
2:43
1:52
:51
1982
May $
2:41
1:48
:53
1953
April 30
2:38
1:43
:55
1884'
April 20
2:36
1:42
:54
1985
May 1
2:38
1:44
:54
1986
May 2
2:40
1:44
:56
1987
May 4
2:43
1:47
:66
1988'
May 2
2:41
1:45
:56
1989
May 3
2:42
1:45
:56
19900
May $
2:45
1:47
:58
(a) Tax Preedom Day' represents the date on which the average person would finish paying all
Federal, state, and local taxes If all earnings since January , were turned over to the governments 10 testill annual tax obligations.
(b) The Tax Bite in the Eight-Hour Day* reliess the amount of time our of each workey that the average
person spends earning enough money to pay tax obligations.
*
Lazp year nauses the calender date of Tax Freedom Day 10 appear one day earlier.
Source: Tax Foundation
GRANT HEILMAN
Colorful hex signs on well-kept barns are a familiar sight on farms in southeastern Pennsylvania.
PENNSYLVANIA
STATE
OF
THE
CONTENTS
OF
Section
Page
Section
Page
1. The Land
640
5. Education and
2. The People
642
Culture
654
3. The Economy
648
6. Recreation
SEAL
PENNSYLVANIA
657
4. Government and
7. History
659
Politics
652
in
PENNSYLVANIA, pen-sal-vã'nya, a Middle Atlan-
State seal of Pennsylvania
tic state of the United States. One of the original
13 colonies, it was established in 1681 when
Britain's King Charles II granted the land to Wil-
hear
liam Penn, who wanted to use it primarily as a
state, except for the northern counties. The
haven for persecuted Quakers. Pennsylvania
Pittsburgh area has been famous for its iron and
are
therefore was nicknamed the Quaker State. It
vest-
steel mills. Products are carried to markets pri-
also has been called the Keystone State, for its
marily on modern highways and from the major
Pass,
central location among the original 13 states
ports and airports at Philadelphia, Pittsburgh,
with six states to the north and six to the south.
and Erie.
north
The state's physical regions are extremely
Almost half of the state's population is con-
160
varied, including a low-lying coastal plain, the
centrated in and around Philadelphia and Pitts-
the
Piedmont, the Allegheny Mountains, and the Ap-
burgh. But the state also has several other
1
erby;
palachian Plateau. Three great river systems,
heavily urbanized areas, including Allentown-
and,
the Delaware, Susquehanna, and Ohio, drain the
Bethlehem-Easton, Scranton and Wilkes-Barre,
state.
and Erie. The present-day population includes
and riv:
Pennsylvania has a diversified economy.
few descendants of the Dutch and Swedish colo-
a
eleva-
Philadelphia, its largest city, is a major commer-
nists who arrived during the first half of the 17th
DI
893
cial, industrial, and cultural center and is one of
century. Nevertheless, ethnic groups that have
the world's most important ports. Lancaster
entered Pennsylvania since 1681 are still promi-
0 poor
county and other portions of the Piedmont con-
nent, including English, Scots-Irish, and Ger-
eal for of
tain some of the world's most fertile and produc-
mans. Many of the early settlers were attracted
tive soils. Minerals are mined in several areas,
ing
by the economic opportunities, liberal govern-
especially coal in the northeast and southwest.
ment, and religious freedom that prevailed in the
e.
Manufacturing is prominent throughout the
colony founded by William Penn.
639
from Encyclopedia Americana 1989
Pennsylvania h
cal regions. Stretc
to northwest, they
the Piedmont, the
Upland, the Appa
gion, the Appalac
Lakes Plain.
The narrow arc
in the southeastern
the Delaware Rive
ered by the city of
is the Piedmont, an
which extends inla
km). The Piedmor
vania Dutch and ha
tile farmlands.
West of the Pi
projection of the Bl
vania as South Mou
is the eastern range
JERRY SIEVE/ALPHA
the Blue Mountain
The West Branch of the Susquehanna winds through the Allegheny Plateau and drains central Pennsylvania.
England Upland. E
ous areas is the Ap
region, curving rou
Throughout Pennsylvania's history immi-
the first half of the 20th century. Timber re-
This area, part of th
grants have been essential to its economic devel-
sources were largely depleted and the remaining
tem, include the Blu
opment and cultural enrichment. In the 19th
oil became too costly to extract. The market for
mountains. The re
and early 20th centuries large numbers of Irish,
its coal declined as other fuels became more pop-
Great Valley, is divi
Germans, and southern and eastern Europeans
ular and readily available. Pennsylvania began
east of the Susqueha
arrived to work in the canals, railroads, mines,
to face competition in the manufacture of steel.
land Valley to the v
and factories. The state of Pennsylvania has
Some industries, especially textiles, moved out.
The area where
continued to attract immigrants. In the 20th
Several large cities began to decay.
Valley region joins
century the newcomers included blacks, Hispan-
Conditions, however, began to improve in the
known as the Alle;
ics, and Asians, who sought work in the cities.
1950's. Research was intensified to find new
chian Plateau covers
Although Pennsylvania was one of the most
uses for Pennsylvania's natural resources. New
vania and occupies
prosperous areas in America during the 18th and
industries were attracted to the state and provid-
and western parts. I
19th centuries, its economy declined sharply in
ed jobs for unemployed workers. Modern high-
(600 meters) in the
ways made Pennsylvania's spectacular scenery
meters) in the west.
more accessible, and recreational facilities were
in the northeaster
INFORMATION HIGHLIGHTS
constructed throughout the state under public
Mount Davis, the st
Location: A Middle Atlantic state bordered north by
and private auspices. As a result, Pennsylvania
3,213 feet (980 mete
Lake Erie and New York, east by New York and
has become a popular tourist area.
der. The higher and
New Jersey, south by Delaware, Maryland, and
The state is rich in cultural resources, includ-
plateau are known a
West Virginia, and west by West Virginia and
Ohio.
ing outstanding art collections in Philadelphia
In the northwestern
Elevation: Highest point-Mt. Davis, 3,213 feet (980
and Pittsburgh, the state museum in Harrisburg,
shores of Lake Erie,
meters); lowest point-Delaware River (sea level);
and the Philadelphia and Pittsburgh symphony
approximate mean elevation, 1,100 feet (336 me-
narrow strip called t
orchestras. Because Pennsylvania played a ma-
ters).
Rivers and Lakes.
Area: 45,308 square miles (117,348 sq km); rank,
jor role in the founding of the United States, it
Delaware, Susqueha
33d.
has many prominent historical sites, including
of the state. The De
Population: 1980 census, 11,863,895; rank, 4th. In-
crease (1970-1980), 0.5%.
Independence Hall in Philadelphia, where the
vania's eastern bord
Climate: Cold winters and warm summers: abundant
Declaration of Independence was signed.
aware Bay on the I
precipitation.
Statehood: Dec. 12, 1787; order of admission, 2d.
1. The Land
ware's major tributar
Origin of Name: "Penn" honors the father of William
Lehigh and Schuyl
Penn; "sylvania" means "woodland."
The natural environment of Pennsylvania is
oceangoing ships, the
Capital: Harrisburg.
varied. Elevations range from sea level to more
the Mississippi Rive
Largest City: Philadelphia
than 3,000 feet (900 meters), with the surface
Number of Counties: 67.
amount of commerce
Principal Products: Manufactures-Primary metal
bisected by numerous streams, rivers, and other
bodies of water. Beneath the surface are useful
tacular gorge throug
industries, nonelectrical machinery, electrical
tains at the Delaware
equipment and supplies, food and kindred prod-
minerals. The climate is moderate, fostering
ucts, fabricated metal products, chemicals; farm
nic attraction.
products-milk, cattle, eggs, corn; minerals—
plant and animal life characteristic of the temper-
The Susquehanna
coal, cement, stone, natural gas.
ate zone. Because the resources have been ex-
State Motto: Virtue, Liberty and Independence.
State Nickname: The Keystone State.
ploited carelessly in the past, the state govern-
empty into Chesape
third of the state. Its
State Bird: Ruffed Grouse.
ment has adopted a wide range of conservation
West Branch and the
State Flower: Mountain Laurel.
measures. Major Physical Divisions. Most of the rocks that
is only partially navi
State Tree: Eastern Hemlock.
State Flag: Blue field surrounding Commonwealth
underlie Pennsylvania were formed by the end
Western Pennsylv
coat of arms and trimmed in yellow. See FLAG.
of the Permian, about 200 million years ago.
River system, which
Monongahela rivers
640
PENNSYLVANIA: 5. Education and Culture-6. Recreation
657
1809, is one of the oldest theaters in the United
Pennsylvania has been a leader in electronic
States.
communications. Pittsburgh's KDKA became
Music has long been prominent in Pennsylva-
the first commercial radio station in the nation in
nia. The German settlers, especially 18th centu-
1920. Several television channels throughout
ry Seventh Day Baptists and Moravians, empha-
the state constitute the Pennsylvania Public
sized music in their communal settlements.
Television Network. Pittsburgh's WQED was
This musical tradition is continued in Bethle-
the country's first community-sponsored televi-
hem's annual Bach Festival. The Pennsylvania
sion station. Pennsylvania State University's
Ballet is an outstanding dance company, and
WPSX is one of the few public television stations
Philadelphia and Pittsburgh have opera compa-
in the country licensed to a college or university.
nies.
The Philadelphia Orchestra enjoys a world-
6. Recreation
wide reputation for excellence. Its home is Phil-
Pennsylvania offers a wide range of recre-
adelphia's Academy of Music (1857), which is
ational opportunities. Visitors are attracted by
famed for its acoustics. The Pittsburgh Orches-
the scenic variety, historic sites, and designated
tra also has a fine reputation.
areas for participatory and spectator sports.
Communications. Since the colonial period,
Historic Site. Several national parks preserve
Pennsylvania has been a prominent center for
important historic sites. Independence National
journalism. The American Weekly Mercury,
Historical Park in Philadelphia preserves build-
Pennsylvania's first paper and one of the first in
ings associated with the American Revolution
the
the country, began publication in 1719. Benja-
and the establishment of the United States. It
was
min Franklin published the Pennsylvania Ga-
includes Independence Hall, where the Declara-
then
zette beginning in 1730, and his Poor Richard's
tion of Independence and the U.S. Constitution
Almanack was issued annually for 25 years be-
were signed; Carpenters' Hall, site of the First
ginning in 1732. Distinctive in early American
Continental Congress; and the buildings of the
publishing was Pennsylvania's foreign-language
First and Second Banks of the United States.
press, including Christopher Saur's German
The site where Washington and the Continental
c TOM KELLY
newspaper and almanac. Published in German-
Army camped during the difficult winter of
ican masters.
town beginning in 1739, it circulated widely
1777-1778 is preserved at Valley Forge National
among German settlers. Pittsburgh's Gazette,
Park. Gettysburg National Military Park com-
founded in 1786, was the first newspaper west of
memorates one of the most critical battles of the
ns. A number of
the Allegheny Mountains.
Civil War. Other national sites include Fort
e smaller but sig-
Pennsylvania today has approximately 100
Necessity National Battlefield, near Uniontown,
hose in Lancaster,
daily and 175 weekly newspapers. Among the
the site of George Washington's surrender to the
Reading, Scranton,
best-known large dailies are the Philadelphia In-
French in 1754 during the French and Indian
Greensburg.
quirer, the Pittsburgh Post-Gazette, the Allen-
War, and Hopewell Village National Historic
n archives in the
town Morning Call, and the Bethlehem Globe-
Site, a restored 18th-19th century iron-making
ch has its archives
Times. The state has several outstanding small
village.
an collections are
dailies, including the Hatboro Today's Spirit,
Several state parks also include historic sites.
west Philadelphia
Pottsville Republican, Tarentum Valley News
Washington Crossing State Park is a memorial to
nts relating to the
Dispatch, and the Beaver County Times.
George Washington and the 2,400 soldiers who
United Church of
are preserved in
Pittsburgh's Three Rivers Stadium provides facilities for major professional athletic events.
contains many his-
OK. MICHALEK/TAURUS PHOTO
e of which are dis-
ng the best known
iry Independence
Founder's Hall
Girard College in
finest example of
Allegheny County
burgh is a well-
Ith century Roman-
al (1919), located
center of Sweden-
ites. Built in late
I one of the finest
38-story Philadel-
uilding (1932) was
rapers. Other out-
entury architecture
well-known house
r Run in 1936, and
ia's Alfred Newton
uilding (1960).
nia and Pittsburgh
rs, and community-
oughout the state.
enter of drama dur-
19th century, but it
und. The historic
iladelphia, built in
658
PENNSYLVANIA: 6. Recreation
crossed the Delaware River on Christmas night
administered by the Department of Environmen-
in 1776 to attack British and Hessian troops at
tal Resources. Most include facilities for bath-
Trenton, N.J. Other places of historic interest
ing, fishing, boating, picnicking, hiking, and
include Wheatland, in Lancaster, the home- of
camping.
President James Buchanan; Ephrata Cloister, a
Several other state agencies also provide rec-
restored religious community built in 1732 by
reational opportunities. The Game Commission
the German Seventh Day Baptists; and the Dan-'
controls hunting by setting standards and sea-
iel Boone Homestead near Reading.
sons and by licensing hunters. It stocks woods
Forests and Parks. The Allegheny National For-
and fields with deer, bear, rabbit, pheasant, tur-
est covers nearly 500,000 acres (200,000 hect-
key, grouse, and other game. The Fish Commis-
ares) in north central Pennsylvania. State forests
sion similarly controls fishing, and it regularly
cover more than 2 million acres (800,000 hect-
stocks the state's streams and lakes.
ares). All forest areas are available for recre-
Other Places and Activities. One of the state's
ation, such as hiking and fishing. The largest
most popular recreation areas is the Pocono
state forests include Susquehannock and Elk in
Mountains, which contains numerous resort ho-
nörth central Pennsylvania and Sproul, Bald Ea-
tels and recreation facilities. Waterways
gle, and Tiadaghton in the central part of the
throughout the state, such as the upper Lehigh,
state.
Delaware, Susquehanna, Allegheny, and Yough-
Pennsylvania has more than 100 state parks,
iogheny rivers, provide opportunities for white-
FAMOUS PENNSYLVANIANS
Alcott, Louisa May (1832-1888), author, wrote Little
McClellan, George Brinton (1826-1885), Civil War
Women (1868; 1869).
general and presidential candidate (1864).
Anderson, Marian (1902-
), contralto, first
McGuffey, William H. (1800-1873), author of read-
black singer to appear with the Metropolitan Opera
ers and spellers for elementary schools.
Company.
Marshall, George Catlett (1880-1959), U.S. Army
Anderson, Maxwell (1888-1959), playwright, won
chief of staff in World War II; as secretary of state
the 1933 Pulitzer Prize for his prose play Both Your
proposed the Marshall Plan; received Nobel Peace
Houses.
Prize (1953).
Barber, Samuel (1910-
),
composer,
won
two
Mead, Margaret (1901-1978), anthropologist, con-
William Penn establi
Pulitzer prizes for music (1958; 1963).
cerned with the relationship between culture and
Barrymore (family), outstanding theatrical dynasty-
personality.
Georgianna Drew (1856-1893), Lionel (1878-
Mellon, Andrew W. (1855-1937), financier and in-
1954), Ethel (1879-1959), and John (1882-
dustrialist, secretary of the treasury under three
water rafters and cand
1942).
presidents (1921-1932).
Bartram, John (1699-1777), botanist, called the
Morris, Robert (1734-1806), signer of the Declara-
used by swimmers,
"father of American botany.
tion of Independence and prominent financier of
Marinas are available
Benét, Stephen Vincent (1898-1943), poet and au-
the Revolution.
quehanna rivers and
thor, wrote The Devil and Daniel Webster (1937).
Mott, Lucretia Coffin (1793-1880), abolitionist and
Biddle, Nicholas (1786-1844), financier, president
advocate of women's rights.
For winter-sports
of the Second Bank of the United States.
Muhlenberg, Frederick A. (1750-1801), first speaker
many ponds and lak
Boone, Daniel (1734-1820), frontiersman and ex-
of the U.S. House of Representatives.
indoor rinks for ice sk
plorer.
Muhlenberg, Heinrich Melchior (1711-1787), cler-
and mountains are u
Buchanan, James (1791-1868), 15th president of
gyman, organizer and leader of the Lutheran
the United States.
Church in colonial America.
mobilers, and skiers.
Calder, Alexander (1891-1976), innovative sculptor,
Peale, Charles Willson (1741-1827), prominent
The state also has
famed for "mobiles" and monumental forms.
painter, who did portraits of Washington, Frank-
lin, Jefferson, Hamilton, and others.
sports. Numerous tra
Carnegie, Andrew (1835-1919), iron and steel mag-
nate and philanthropist.
Peale, Rembrandt (1778-1860), artist, known for his
opened throughout tl
Cassatt, Mary (1845-1926), artist, leading member
portraits of George Washington.
Pittsburgh have indo
of the impressionist school.
Peary, Robert E. (1856-1920), Arctic explorer who
nas. Professional tea
Clymer, George (1739-1813), signer of the Declara-
led the first successful expedition to the North
tion of Independence and the U.S. Constitution.
Pole.
Steelers and Philade
Dallas, George M. (1792-1864), political leader,
Priestley, Joseph (1733-1804), scientist, discovered
Pittsburgh Pirates a
vice president of the United States (1845-1849).
oxygen.
(baseball), the Phila
Dickinson, John (1732-1808), political leader,
Rinehart, Mary Roberts (1876-1958), author of mys-
known for his "Farmer's Letters," denouncing
tery stories and other novels.
burgh Penguins (hoc
British taxation policy.
Rittenhouse, David (1732-1796), astronomer and
76ers (basketball).
Drew, John (1853-1927), actor, matinee idol.
mathematician.
teams also attract la
Eakins, Thomas Cowperthwait (1844-1916), realist
Ross, Betsy (1752-1836), reported to have made the
painter of 19th century American life.
first American flag.
1982 national champi
Forrest, Edwin (1806-1872), actor, one of the fore-
Ross, George (1730-1779), signer of the Declaration
an average attendand
most tragedians of the 19th century.
of Independence.
Foster, Stephen C. (1826-1864), songwriter, wrote
Rush, Benjamin (1746-1813), physician and reform-
games in University
Swanee River (1851).
er, signer of the Declaration of Independence.
Although there is
Franklin, Benjamin (1706-1790), printer, author,
St. Clair, Arthur (1736-1818), Revolutionary War
Department of Comm
diplomat, scientist, and inventor; helped draft
general, president of the Continental Congress
(1787), and first governor of the Northwest Territo-
reation through the
Declaration of Independence.
Frick, Henry Clay (1849-1919), steel industrialist
Conservation. Its Pa
ry.
and art collector.
Schwab, Charles M. (1862-1939), industrialist,
opment Division hel
Fulton, Robert (1765-1815), inventor and engineer,
leading entrepreneur in the expansion of the steel
quire, and develop
designed the Clermont, the first commercially
Stevens, industry. Thaddeus (1792-1868), political leader,
Recreational Services
successful steamboat.
Gallatin, Albert (1761-1849), diplomat and finan-
advocate of harsh Reconstruction policies.
cal assistance in ope
cier; secretary of the treasury (1801-1814).
Tarbell, Ida M. (1857-1944), editor and author, ex-
Girard, Stephen (1750-1831), businessman and phi-
posed ruthless competitive practices in her Histo-
reau also supplies ma
lanthropist, aided the government in financing the
ry of the Standard Oil Company (1904).
munities.
War of 1812.
Wanamaker, John (1838-1922), merchant, pioneer
Graham, Martha (1895-
). dancer and choreog-
in modern merchandising techniques.
7. History
rapher.
Wayne, Anthony (1745-1796), Revolutionary officer,
Hancock, Winfield Scott (1824-1886), Civil War
nicknamed Mad Anthony" for his daring.
Pennsylvania has
general and presidential candidate (1880).
West, Benjamin (1738-1820), artist; a founder of
cosm. Its past conta
Hopkinson, Francis (1737-1791), patriot, author,
the British Royal Academy of Art.
found in American his
and composer; signer of the Declaration of Inde-
Wilson, James (1742-1798), signer of the Declara-
pendence.
tion of Independence and the U.S. Constitution;
had a major role in 1
Kaufman, George S. (1889-1961), dramatist, won
Supreme Court justice.
States. The First anc
the Pulitzer Prize for Of Thee / Sing (1931) and You
Wyeth, Andrew (1917-
), painter, best known for
gresses met in Philad
Can't Take It With You (1936).
Christina's World (1948).
tion signed. of Independenc
legislation. During Penn's second and last visit
mas night in 1776
to Pennsylvania he drew up in 1701 the famous
army recrossed the
constitution known as the Charter of Privileges,
the British and Hes
which made the assembly the chief lawmaking
troops invaded Pe
body. The Charter of Privileges remained the
1777 and defeated
constitution of Pennsylvania until 1776.
wine on Septembe
Penn died in 1718, disillusioned by quarrels
tion of Philadelphi
with his colonists. Nevertheless he had suc-
fled from Philadelp
ceeded in forming a community, unusual in his
York. The Contin
day, in which persons of diverse ethnic and reli-
winter of 1777-177
gious backgrounds lived together, if not in per-
ly summer of 1778
fect harmony, at least without violence toward
Philadelphia, and t
one another, free to worship as they chose, or not
Early Statehood.
to worship at all.
vided. Some resic
French and Indian War The colony's peaceful
Revolution, and a n
development proceeded without interruption
British, especially (
until the mid-18th century, when the French and
adelphia. Many I
Indians forcibly opposed Pennsylvania's west-
Friends (Quakers) a
ward expansion. The French and Indian War
ish, and Brethren,
began in 1754, after the French built Fort Du-
were fined, impris
quesne at the juncture of the Allegheny and Mo-
state. Political mc
nongahela rivers, the present site of Pittsburgh.
radical democrats, a
In July 1755, British forces led by Gen. Ed-
from one group to
ward Braddock were ambushed and defeated
decade of indepenc
near Fort Duquesne. The Indians, impressed
The national Co
by French power, promised to aid them. Initial
in Philadelphia in 1
efforts by the American colonists failed to dis-
egation, including
lodge the French, and Indians ravaged Pennsyl-
Morris, Gouverneur
vania's frontier, burning buildings and killing
played important ro
settlers. The Pennsylvania assembly, dominat-
tion, Pennsylvania
ed by pacifist Quakers, at first refused to act, and
ratify the U.S. Cons
© EMILY SIROKA/WEST STOCK
the British government provided troops, weap-
Philadelphia wa
Independence Hall, Philadelphia, where the Declaration of
ons, and ammunition. The war was ended by
1790 to 1800, when
Independence and the U.S. Constitution were signed.
the Treaty of Paris on Feb. 8, 1763, with the
established in Was
British victorious and the French driven from the
period Philadelphia
continent.
spoken advocates of
1681 signed a charter granting Penn almost all of
In the spring of 1763 an Indian uprising,
ties. At times rival
present-day Pennsylvania.
known as Pontiac's War, again threatened west-
each other in the sti
In 1682, Penn founded the colony of Pennsyl-
ern Pennsylvania. The uprising was suppressed
Political animosi
vania as a "holy experiment." He advertised
when the Indians were defeated at Bushy Run in
areas. In the Pitts}
widely his offer of religious freedom, liberal gov-
August 1763.
against the federal
ernment, and inexpensive land. His colony
The Revolution. The French and Indian War
Whiskey Rebellion
grew rapidly, numbering 30,000 persons by 1700
increased tremendously the British govern-
dent Washington ca
and 300,000 by 1776, making it one of the largest
ment's national debt and annual expenses. In an
In eastern Pennsylv
provinces in British America. Settlers from
effort to lower costs and raise money, the British
Fries resisted federa
many parts of the world and belonging to a wide
banned settlement in western Pennsylvania and
1799, and troops aga
variety of religious groups came to the colony.
imposed unprecedented taxes and trade restric-
After Thomas Je
Penn arrived in Pennsylvania in 1682, and
tions on the American colonies.
dent in 1800 and the
soon after he named Philadelphia as his capital.
Philadelphia merchants organized protest
of the Federalist tax
As the proprietor of the colony, he brought with
committees and rallies, and leadership passed to
stable. Many reside
him its first constitution-the Frame of Gov-
men who had not previously held provincial or
and the frontier disa
ernment. In 1683 the legislature approved a
city offices. Those newly involved in politics
followed the people
second, more liberal Frame of Government, pro-
joined forces with frontiersmen who had long
1799 and to Harrisbu
viding for a bicameral legislature consisting of a
resented political domination of the legislature
Urbanization pro
provincial council and a general assembly. The
by the eastern part of the colony.
phia retained its lea
assembly, elected annually, had the power to
As hostility developed toward Britain, so did
other cities also be
veto or approve laws initiated by the council.
antagonism toward the provincial government.
centers. The numbe
Penn was anxious to establish friendly relations
The ensuing revolution had two objectives. One
creased from five in
with the Indians, and he paid them for lands
was independence from the mother country, and
facturing was the maş
claimed by the colony.
the other was the overthrow of the colonial gov-
He returned to England in 1684, leaving the
ernment. The First Continental Congress met
most of the growing
Civil War Period.
government to be run by a deputy governor.
in Philadelphia in 1774, and the Second Conti-
trenched in Pennsylv
During his absence, friction developed between
nental Congress convened there in 1775. When
ture provided for the
the two branches of the legislature. Members of
the Pennsylvania assembly in 1776 refused to
slaves in the state, ar
the assembly resented the council's exclusive
move toward independence, the revolutionary
power to originate laws.
committee seized control. The radicals instruct-
Polk in 1846 asked C
appeared completely.
The British government deprived Penn of his
ed the Pennsylvania delegates to Congress to
right to govern Pennsylvania in 1692 because of
support the Declaration of Independence, which
the dispute with Me
gressman, David Wilr
his friendship with the deposed King James II.
was adopted on July 4, 1776, in the State House
The royal governor of New York was given re-
(now Independence Hall). They also convened
ac
sponsibility for Pennsylvania as well. Full pro-
a provincial convention to draft a new state con-
(
prietary rights were restored to Penn in 1694.
stitution.
Several important campaigns took place in
opposition to
The colony's legislature remained split, and
in 1696 the assembly gained the right to initiate
Pennsylvania during the Revolution. On Christ-
irritated the South. 1
Pennsylvania's ho
660
PENNSYLVANIA: 7. History
661
nn's second and last visit
mas night in 1776, Gen. George Washington's
the Charter of
W up in 1701 the famous
army recrossed the Delaware River and defeated
Dixon line, including Chester, Columbia, York,
Gettysburg, and Chambersburg, became stations
the privileges ref lawned
the British and Hessians at Trenton, N.J. British
on the Underground Railroad. In 1851, when a
troops invaded Pennsylvania in the summer of
Maryland farmer pursued his slaves to Chris-
1777 and defeated Washington's army at Brandy-
vania until
tiana, in southern Lancaster county, residents
wine on September 11, assuring British occupa-
disillusioned by quarrels
killed him, seriously wounded his son, and
tion of Philadelphia. The Continental Congress
helped the fugitives escape to Canada. The
evertheless he had suc-
fled from Philadelphia to Lancaster and then to
Christiana Riot intensified consideration of se-
mmunity, unusual in his
York. The Continental Army spent the harsh
of diverse ethnic and reli-
winter of 1777-1778 at Valley Forge. In the ear-
cession in the South and attracted support among
d together, if not in per-
some Pennsylvanians for the new Republican
ly summer of 1778 the British withdrew from
without violence toward
Philadelphia, and the Congress returned.
party, which opposed the extension of slavery.
The Republican party held its first national
ship as they chose, or not
Early Statehood. The new state was deeply di-
convention in 1856 in Philadelphia and nominat-
vided. Some residents refused to support the
: The colony's peaceful
ed John C. Frémont for president. Only the
Revolution, and a number of Loyalists aided the
ed without interruption
nomination by the Democrats of Pennsylvania's
British, especially during the occupation of Phil-
iry, when the French and
James Buchanan enabled them to carry the state
adelphia. Many religious pacifists, including
and win the presidential election.
ed Pennsylvania's west-
Friends (Quakers) and German Mennonites, Am-
French and Indian War
Pennsylvania strongly supported the Union
ish, and Brethren, were neutral. Some of them
during the Civil War. The Altoona Convention
e French built Fort Du-
were fined, imprisoned, and banished by the
of the Allegheny and Mo-
of Union governors, convened by Pennsylvania's
state. Political moderates opposed the state's
Gov. Andrew G. Curtin in 1862, urged more vig-
resent site of Pittsburgh.
radical democrats, and control of the state shifted
orous prosecution of the war. Gen. Robert E.
1 forces led by Gen. Ed-
from one group to the other during the first
Lee's invasion of the North terrorized Pennsylva-
ambushed and defeated
decade of independence.
nia in the late spring and early summer of 1863.
The Indians, impressed
The national Constitutional Convention met
When Union and Confederate forces met at Get-
ised to aid them. Initial
in Philadelphia in 1787, and Pennsylvania's del-
1 colonists failed to dis-
tysburg on July 1-3, 1863, the Union prevailed
egation, including Benjamin Franklin, Robert
in a bloody but decisive battle. President Abra-
ndians ravaged Pennsyl-
Morris, Gouverneur Morris, and James Wilson,
g buildings and killing
ham Lincoln delivered his famous Gettysburg
played important roles. Despite intense opposi-
Address on Nov. 19, 1863, at the dedication of a
ania assembly, dominat-
tion, Pennsylvania became the second state to
it first refused to act, and
national cemetery there. In July 1864, Pennsyl-
ratify the U.S. Constitution.
provided troops, weap-
Philadelphia was the national capital from
vania was invaded briefly by Confederate troops,
who burned Chambersburg.
The war was ended by
1790 to 1800, when the permanent capital was
Pennsylvania's contribution to the Union vic-
Feb. 8, 1763, with the
established in Washington, D.C. During that
e French driven from the
tory included several generals and nearly
period Philadelphia's newspapers became out-
400,000 enlisted men. A Philadelphia banker,
spoken advocates of the emerging political par-
Jay Cooke, became known as the financier of the
'63 an Indian uprising,
ties. At times rival bands of partisans attacked
Civil War as a result of his successful efforts to
again threatened west-
each other in the streets.
sell government bonds. During the war the state
uprising was suppressed
Political animosity also was strong in rural
produced 80% of the North's pig iron, as well as
defeated at Bushy Run in
areas. In the Pittsburgh area farmers rebelled
large amounts of armaments and other supplies.
against the federal excise tax on whiskey. The
Age of Big Business. The Civil War con-
French and Indian War
Whiskey Rebellion was suppressed when Presi-
solidated the Republican party and stimulated
y the British govern-
dent Washington called out the militia in 1794.
annual expenses. In an
In eastern Pennsylvania, residents led by John
raise money, the British
Fries resisted federal taxes on land and houses in
estern Pennsylvania and
1799, and troops again forced obedience.
Soldiers reenact the encampment of the Continental Army
at Valley Forge during the brutal winter of 1777-1778.
taxes and trade restric-
After Thomas Jefferson's election as presi-
olonies.
dent in 1800 and the subsequent repeal of many
© L. L. T. RHODES/TAURUS PHOTO
ants organized protest
of the Federalist taxes, the state became more
and leadership passed to
stable. Many residents moved to the interior,
ously held provincial or
and the frontier disappeared. The state capital
vly involved in politics
followed the people westward to Lancaster in
tiersmen who had long
1799 and to Harrisburg in 1812.
nation of the legislature
Urbanization proceeded rapidly. Philadel-
e colony.
phia retained its leadership, but Pittsburgh and
d toward Britain, so did
other cities also became important population
provincial government.
centers. The number of urban communities in-
ad two objectives. One
creased from five in 1800 to 46 by 1860. Manu-
the mother country, and
facturing was the magnet that attracted people to
row of the colonial gov-
most of the growing cities.
ntinental Congress met
Civil War Period. Slavery was never en-
and the Second Conti-
trenched in Pennsylvania. In 1780 the legisla-
ed there in 1775. When
ture provided for the gradual emancipation of all
bly in 1776 refused to
slaves in the state, and by 1860 slavery had dis-
ence, the revolutionary
appeared completely. When President James K.
1. The radicals instruct-
Polk in 1846 asked Congress for funds to use in
elegates to Congress to
the dispute with Mexico, a Pennsylvania con-
of Independence, which
gressman, David Wilmot, moved that those funds
776, in the State House
not be used for the acquisition of additional slave
1). They also convened
territory. Although Congress did not adopt the
to draft a new state con-
Wilmot Proviso, it became a symbol of the
North's opposition to slavery.
impaigns took place in
Pennsylvania's hospitality to runaway slaves
Revolution. On Christ-
irritated the South. Towns near the Mason and
into the National Labor
HISTORICAL HIGHLIGHTS
Labor, founded in Phila-
1609
Henry Hudson entered Delaware Bay for the
h Stevens, dominated the
Dutch.
The Pennsylvania constitution was signifi-
hany years. By 1886 it
1616
Cornelius Hendricksen sailed up the Dela-
cantly revised in 1967-1968. One of its amend-
ware River to present-day Philadelphia.
,000 members.
1643
Swedes established their first settlement in
ments allowed the governor to serve for two suc-
e anthracite region first
present-day Pennsylvania on Tinicum Is-
cessive terms. In 1974, Gov. Milton Shapp, a
land in the Delaware River.
olly Maguires and in 1868
Democrat, was reelected and became the first
1655
Dutch forces conquered the Swedish colo-
men's Benevolent Associ-
ny.
governor to succeed himself in nearly. 100
ers organized the Train-
1664
English forces conquered Dutch territory in
years.
0's. In 1876 several craft
America, including the Delaware Valley.
The state's recent history has been paradoxi-
1681
King Charles II of England granted William
ennsylvania formed the
Penn vast land grant in America, almost all
cal in several ways. Although the Democrats
on of Iron, Steel, and Tin
of what is now Pennsy
enjoy a large lead in voter registration, Republi-
ese early unions failed.
1682
William Penn founded the colony of Penn
cans regained control of the state government in
sylvania as a "holy experiment.
abor organizations were
1688
Quakers issued their first protest against
1978 and have remained powerful since then.
ia, including the Ameri-
slavery.
The state that pioneered in the production of
or in 1886 and the Con-
1701
Charter of Privileges,
metals now finds many of its mills obsolete and
which served as Pennsylvania's constitution
anizations in 1938.
until the Revolution.
closed. Although Pennsylvania has more anthra-
abor clashed frequently
1716
Thomas Rutter built the first ironworks in
cite coal than any other state, several utility com-
unions sought to achieve
Pennsylvania.
panies attempted to turn to nuclear energy to cre-
1719
Andrew Bradford published the American
ialists attempted to sup-
Weekly Mercury, the first newspaper in
ate electric power-with near-disastrous results
e 1860's and 1870's the
Pennsylvania.
in 1979 as radioactive materials entered the air
several mine bosses and
1744
The American Philosophical Society was
and water from the Three Mile island facility
founded in Philadelphia by Benjamin
1 for the crimes. During
Franklin.
near Harrisburg.
riots developed in Pitts-
1754
French and Americans clashed in western
Although Pennsylvania is still one of the na-
nton, and Wilkes-Barre.
Pennsylvania, beginning the French and In-
tion's largest states, its population growth slowed
dian War.
vere killed, and property
1767
John Dickinson published his Letters from a
to 0.6% during the 1970's, with many of its
rs was destroyed.
Farmer In Pennsylvania, in protest against
young, best-trained, and most highly educated
ous labor actions was the
British taxes.
people moving out. With only a few exceptions,
1774
First Continental Congress convened in
in 1892, which became
Philadelphia.
its cities lost population, and even Pittsburgh's
etectives were brought in
1775
Second Continental Congress convened in
surrounding communities declined numerically.
nes. The National Guard
Philadelphia,
Nevertheless, a few areas increased-such as the
1776
Declaration of Independence issued in Phil-
its protection nonunion
adelphia; state constitution adopted.
Lower Delaware Valley, the Pocono Mountain
lls. Not until the anthra-
1777
British-occupied Philadelphia; Continental
area, and the central region.
did government officials
1778
Army camped at Valley-Forge.
Although Pennsylvania has not regained the
1780
Legislature provided for the gradual eman-
thy for the strikers. Pres-
prominence that it enjoyed during the second
cipation-of slaves; this was the nation's first
elt threatened to use fed-
abolition law.
half of the 19th century, it remains one of the
1787
S the mine owners if they
Constitutional Convention met at Philadel-
nation's most important states. It has retained
phia; Pennsylvania became the 2d state to
itration.
its economic leadership in several areas, and few
ratify the U.S. Constitution.
er the economic stimulus
1790-
Philadelphia was the capital of the United
states can match its cultural resources and recre-
I had worn off, Pennsyl-
1800
States.
ational facilities.
1792
First labor union in the United States orga-
to decline. Its problems
JOHN B. FRANTZ
nized by shoemakers in Philadelphia.
1920's and were obvious
1794
Whiskey Rebellion erupted in western Penn-
The Pennsylvania State University
ssion of the 1930's, when
sylvania and was suppressed by 15,000
troops.
Bibliography
of Pennsylvania residents
1812
Harrisburg became the state capital.
Benhart, John, The Encyclopedia of Pennsylvania (Somer-
en the massive industrial-
1834
Legislature provided for the establishment
set Pub. 1984).
War II failed to provide
of free public schools.
Bodnar, John E., ed., The Ethnic Experience in Pennsylva-
1856
Republican party held its first national con-
nia (Bucknell Univ. Press 1973).
it, and the economic stag-
vention in Philadelphia.
Bronner, Edwin B., William Penn's Holy Experiment: The
h the 1950's.
1863
Union and Confederate troops clashed in
Founding of Pennsylvania, 1681-1701 (1963; reprint,
ate's decline were numer-
the decisive Battle of Gettysburg during the
Greenwood Press 1978).
Civil War.
sources, such as oil and
Brunhouse, Robert L., Counter-Revolution in Pennsylva-
1876
Centennial International Exhibit held in
nia, 1776-1790 (Hippocrene Bks. 1971).
available in large quanti-
Philadelphia.
Buck, Solon J., and Buck, Elizabeth H., The Planting of
Pennsylvania's coal de-
1886
The American Federation of Labor founded
Civilization in Western Pennsylvania (1939; reprint,
t-of-state competitors be-
in
Pittsburgh.
Univ. of Pittsburgh Press 1969).
1889
Town of Johnstown destroyed by floods
Coode, Thomas H., and Bauman, John F., People, Poverty,
larger proportion of the
when dam burst, killing over 2,000.
and Politics: Pennsylvanians During the Great Depres-
el. Many textile mills
1920
Pittsburgh radio station KDKA became the
sion (Bucknell Univ. Press 1981).
The state's railroads de-
first in the world to broadcast on a daily
Dunaway, Wayland F., The Scotch-Irish of Colonial Penn-
schedule.
sylvania (1944; reprint, Genealogical 1985).
nighty Pennsylvania Rail-
1934
George H. Earle was elected as the first
Federal Writers' Project, Pennsylvania: A Guide to the
her and later went bank-
Democratic governor in the 20th century.
Keystone State (1940; reprint, Somerset Pub. 1980).
d 1962, Pennsylvania had
1940
First portion of the Pennsylvania Turnpike
Federal Writers' Project, Pennsylvania Cavalcade (1942;
was completed.
reprint, Somerset Pub. 1980).
mployment rate in the na-
1964
Race riots erupted in the black section of
Franklin, Benjamin, Historical Review of the Constitution
state's growth declined.
North Philadelphia.
and Government of Pennsylvania from Its Origins (1759;
1974
Gov. Milton E. Shapp was reelected and
reprint, Ayer 1972).
tate government began a
became the first governor of Pennsylvania
Hanna, William S., Benjamin Franklin and Pennsylvania
economic growth. In an
in the 20th century to succeed himself.
Politics (Stanford Univ. Press 1964).
sses in the state and to
1979
Nuclear reactor malfunctioned at Three
Illick, J. E., Colonial Pennsylvania (Kraus 1976).
nd provide jobs, the gov:
Mile Island power plant.
Kehl, James A., Boss Rule in the Gilded Age: Matt Quay of
Pennsylvania (Univ. of Pittsburgh Press 1981).
Pennsylvania Industrial
Kent, Barry C., Discovering Pennsylvania's Archaeological
y and later the bureaus of
Heritage (Pennsylvania Hist. & Mus. Comm. 1980).
ravel Development. The
expanded. The unemployment rate fell below
Klein, Philip S., and Hoogenboom; Ari, A History of Penn-
ia Program stimulated the
the national average in 1964.
sylvania, 2d ed. (Penn. State Univ. Press 1980).
In 1972 tropical storm Agnes swept across
Livesay, Harold, Andrew Carnegie and the Rise of Big Busi-
:S. The state's Bureau of
ness (Little 1975).
t helped urban blacks to
much of Pennsylvania and caused the worst
Miller, E. Willard, Pennsylvania, Keystone to Progress
their own businesses.
flooding in the state's history. More than 50 per-
(Windsor Pub. 1986).
O'Brien, E. F., An Admiral's Son: And How He Founded
roductive, and between
sons were killed, and property damage was over
Pennsylvania (R. West 1979).
,500 plants were built and
$2 billion. Nearly all sections of the state had
Palmer, Tim, Rivers of Pennsylvania (Penn. State Univ.
some flood damage, but the Wilkes-Barre and
Press 1980).
Harrisburg regions were the hardest hit.
Sapio, Victor A., Pennsylvania and the War of 1812 (Univ.
Press of Ky. 1970).
663
Ref,
HT123
ISSN 0899-6075
.G24
v.4
WH
1990
CITIES OF THE
UNITED STATES
FIRST EDITION
A Compilation of Current Information on
Economic, Cultural, Geographic, and Social Conditions
In Four Volumes:
Volume 4:
The Northeast
not
Connecticut
Maine
Massachusetts
New Hampshire
New Jersey
New York
Pennsylvania
Rhode Island
Vermont
Mary Reilly McCall
Linda Schmittroth
Diane L. Dupuis
Editors
G
Gale Research Inc.
DETROIT
NEW YORK
FORT LAUDERDALE
LONDON
PENNSYLVANIA
Allentown
297
Pittsburgh
32
Erie
305
Scranton
33
Philadelphia
313
Erie
Scranton
Allentown
Pittsburgh
Philadelphia
294
Racial and Ethnic Characteristics (1980)
The State in Brief
White: 89.92%
Black: 8.81%
American Indian, Eskimo, Aleut: 0.09%
Nickname: Keystone State
Asian and Pacific Islander: 0.59%
Motto: Virtue, liberty, and independence
Spanish (may be of any race): 1.29%
Flower: Mountain laurel
Bird: Ruffled grouse
Area: 45,308 square miles (1980)
Elevation: Ranges from sea level to 3,213 feet
Age Characteristics: (1987 estimates)
Climate: Cold winters, warm summers, abundant
Percent of population under 5 years old: 6.6%
precipitation
Percent 5-17 years old: 17.3%
Percent 65 years and older: 14.8%
Admitted to Union: December 12, 1787
Median age: 34.1 years (1987)
Capital: Harrisburg
Head Official: Governor Robert P. Casey
Population
1970: 11,793,909
Economy
1980: 11,863,895
Major industries: Manufacturing, services, tour-
1987 estimate: 11,936,000
ism, transportation, mining, high technology,
Percent change, 1980-1987: 6.1%
agriculture
U.S. rank in 1987: 5th
Unemployment rate: 4.8% (February, 1989)
Percent of residents born in state: 81.6% (1980)
Density: 264.1 people per square mile (1985)
Per capita income: $10,288 (1985 estimate)
Income tax rate: 2.1%
Crimes per 100,000 population: 3,101.8 (1986)
Sales tax rate: 6.0%
295
Cities of the United States
First Edition
Pennsylvania-Philadelphia
Introduction
History
Quakers Receive Pennsylvania Grant
Rich in history and culture, Philadelphia is in the
midst of a rebirth considered so successful that the
At the time the first settlers of European descent
city is viewed as a model of American urban
arrived in the area now known as Philadelphia, it was
development. For over three hundred years the city
inhabited chiefly by Native Americans who called
has been in the forefront of the nation's intellectual,
themselves Leni-Lenape; settlers called them Dela-
economic, and humanitarian development. Today its
wares. Intertribal warfare had weakened the Native
efforts are being directed to restoration with an
tribes, and the advance of colonial settlement pushed
emphasis on preserving the best of the past while
them farther west, causing great hostility. The Neth-
allowing for the development of a vigorous new city.
erlands laid claim to the area in 1609 when Henry
A city of neighborhoods, trees, parks, and open
Hudson, an Englishman in the Dutch service, sailed
spaces, Philadelphia offers the advantages of living in
into Delaware Bay, and around 1647 they began to
a big city while maintaining a small-town atmosphere
build trading posts. The Dutch were ousted by the
and preserving reminders of its dignified past.
English in 1664.
In 1681 England's King Charles granted William
Penn the territory now known as Pennsylvania in
exchange for a debt owed Penn's father. Penn,
wealthy and well educated, had committed himself to
Geography and Climate
the Society of Friends, also called Quakers, who
practiced a form of religion generally regarded by
society with suspicion because of its tenets and its
insistence upon simplicity in speech and dress. Penn
Philadelphia is located at the confluence of the
himself had been imprisoned four times for voicing
Delaware and Schuylkill rivers on the eastern border
his beliefs, and King Charles was only too happy to
of Pennsylvania. The Appalachian Mountains to the
be rid of him and his followers.
west and the Atlantic Ocean to the east moderate the
climate, eliminating extremes of hot and cold weath-
Although he had been granted all the land in
er. Occasionally during the summer months the city
Pennsylvania, Penn chose to buy the claims of any
becomes engulfed in ocean air that brings high
Native people still living there, which set a new
humidity. Precipitation is fairly evenly distributed
standard in colonial settlers' relations with Native
throughout the year, with maximum amounts during
Americans. Penn dispatched his cousin to lay out a
the summer months occasionally flooding the Schuyl-
city, which he called Philadelphia, from the Greek
kill River. Snowfall is usually higher in the northern
for "brotherly love," and which Penn envisioned as a
suburbs than in the city, where snow often turns to
haven for his fellow Quakers to enjoy freedom of
rain. High winds sometimes prevail during the winter
worship and the chance to govern themselves. He
months.
charged his cousin with laying out a "greene Country
Towne, which will never be burnt, and always be
Area: 136.0 square miles
wholesome." The city was laid out in a grid, with
large lots, wide streets, and a provision for five city
parks, four of which still survive. Historians note that
Elevation: Ranges from 5 feet to 431 feet above sea
Philadelphia was one of the first cities in the New
level
World built according to a plan.
The Quakers were not only humanitarians but
Average Temperatures: January, 33.1° F; August,
shrewd businesspeople as well. They offered large
tracts of land at reasonable prices and advertised
74.7° F; annual average, 54.6° F
throughout Europe for settlers. Attracted by the
liberality and tolerance of the Quaker government,
Average Annual Precipitation: 41.42 inches
and looking for better economic opportunities, thou-
sands of immigrant families soon began arriving,
315
Pennsylvania-Philadelphia
Cities of the United States
First Edition
including a group of German Quakers who establish-
In the early 1800s Philadelphia began an ambitious
ed the first German settlement in America.
program of building canals and railroads and devel-
oping coal fields, thus laying the foundation of its
Prosperity and Culture Distinguish City
industrial power. Philadelphia's railroad lines, which
From the beginning Philadelphia was a leading
by 1834 comprised a quarter of the nation's total,
expedited the development of industry.
agricultural area, and because of its location at the
confluence of the Delaware and Schuylkill rivers,
New Residents Meet Modern Challenges
shipyards flourished. Farm products were exchanged
for sugar and rum in the West Indies, and these in
When the issue of slavery became acute, many black
turn were exchanged for English manufactured
leaders centered their activities in Philadelphia, and
goods. Abundant natural resources, including coal
the city became the focal point of one of the most
and iron, helped Philadelphia become an early
important black communities in the nation. Philadel-
industrial leader. Other significant early industries
phia's industrial strength contributed to the Union's
included home manufacture of textiles, printing,
military and economic advantage over the South
publishing, and papermaking. By the 1770s Philadel-
during the Civil War of 1861 to 1865.
phia was one of the most important business centers
Pennsylvania had been one of the first colonies to
in the British Empire.
admit Catholics and Jews. The increasing demand
This prosperity and William Penn's principles at-
for factory workers in the late 1800s and early 1900s
tracted the best minds of the day to Philadelphia.
attracted hundreds of thousands of immigrants of
Among the city's illustrious early residents was the
Irish, German, Italian, and Polish descent, who
young Benjamin Franklin, scientist and intellectual.
created many distinctive ethnic neighborhoods
His many accomplishments include the publication
throughout the city. At the same time, the develop-
of the Pennsylvania Gazette, one of the best of the
ment of the railroad made commuting easier, and the
colonial newspapers; he also established the colonies'
city's elite began moving to the suburbs that-as they
first hospital, first free library, and first learned
grew up along the main line of the Pennsylvania
society, the American Philosophical Society. Perceiv-
Railroad-became known as the "Main Line." By
ing the need for higher education, Franklin was
the 1930s the modern city had emerged, with outly-
instrumental in the founding of the institution that
ing residential districts segregated by income, race,
later became the University of Pennsylvania.
and ethnic origin.
Philadelphia's industrial progress brought with it the
During the late 1700s many fine private and public
exacerbation of differences in wealth. After the Great
buildings were constructed in Philadelphia, such as
Depression of the 1930s Philadelphia became a
Andrew Hamilton's Independence Hall. Oil painting
union town, and labor strikes were common. Political
flourished, and Philadelphia came to be known as an
machines that had emerged after the Civil War
"Athens of America." By 1774 a sophisticated popu-
became sophisticated in the ways of manipulating the
lace was chafing at the restrictions placed on them by
political processes, particularly through the new
the British king. Because of Philadelphia's strategic
immigrant groups. Discrimination in housing re-
location near the middle of colonial settlement, and
sulted in overcrowded black districts. During the
the importance of winning Quaker support, the
1960s Philadelphia was shaken by race riots born of
delegates who formed the First Continental Congress
decades of inadequate housing and discriminatory
in 1774 chose Philadelphia as the site for their
practices.
discussions. The Second Continental Congress pro-
claimed the colonists' Declaration of Independence
A reform movement, begun in 1939, prompted
in Philadelphia, and when the Revolutionary War
Philadelphia in 1951 to adopt a new city charter and
broke out in full force, Philadelphia became the
elect Mayor Joseph Clark, who began a vast urban
capital of the revolutionary movement. Following the
renewal program. Slated for completion in the early
American patriots' victory at Yorktown, the Consti-
twenty-first century, this program calls for the im-
tutional Convention delegates met in Philadelphia,
provement of highways and the transportation sys-
and in 1787 they framed the document that was to
tem, housing projects, and the building of more
become the basis of America's governmental struc-
libraries, parks, and shopping and recreation centers.
ture. Philadelphia then served as the capital of the
Philadelphia's redevelopment has lured many
United States from 1790 to 1800.
wealthy suburbanites back to the city's core. In the
316
Cities of the United States
First Edition
Pennsylvania-Philadelphia
words of one city official, Philadelphia expects to
Births (1984)
emerge as "one of the world's most exciting and
Total number: 25,013 (17.9% of which were to
dynamic cities of the 21st century."
mothers under 20 years old)
Rate per 1,000 population: 15.02
Historical Information: Historical Society of Philadel-
phia, 1300 Locust Street, Philadelphia, PA 19107;
telephone (215) 732-6201
Deaths (1984)
Total number: 20,090
Rate per 1,000 population: 12.02
Population Profile
Money income (1979)
Per capita income: $6,053
1985 estimate: $8,807
Metropolitan Area Residents
1970: 5,749,093
Median household income: $13,169 (U.S. rank:
1980: 5,680,509
791st)
Percent of households with income of
1987 estimate: 5,890,600
less than $10,000: 39.4%
Average annual percent change, 1980-1987: 3.7%
U.S. rank in 1980: 4th
$10,000 to $19,999: 29.5%
U.S. rank in 1987: 5th
$20,000 to $29,000: 18.2%
$30,000 to $39,000: 7.7%
City Residents
$40,000 to $49,999: 2.9%
1970: 1,949,000
$50,000 and over: 2.3%
1980: 1,688,210
Percent of families below poverty level: 16.6%
1986 estimate: 1,642,900
(38.2% of which were headed by a female
Percent change, 1980-1986: -2.7%
householder with no husband present)
U.S. rank in 1980: 4th
U.S. rank in 1986: 5th
Crimes per 100,000 population: 4,426.6 (1987)
Density: 12,080 people per square mile (1986)
Racial and ethnic characteristics (1980)
White: 58.23%
Black: 37.84%
Municipal Government
American Indian, Eskimo, Aleut: 0.14%
Asian and Pacific Islander: 1.05%
Spanish origin (may be of any race): 3.77%
Philadelphia City and County are the same entity.
Percent of residents born in state: 73.0% (1980)
The city passed what is widely considered to be the
nation's first modern big-city charter in 1951; under
Males per 100 females: 85.8 (1984)
this charter the city council was removed from its
administrative role and the staff and powers of the
Age Characteristics (1984)
mayor were increased. Elections are held every four
Percent of population under 5 years old: 6.6%
years, at which time the mayor and seven council
Percent of population 5-14 years old: 12.8%
members are elected by all the voters and ten council
Percent of population 15-24 years old: 19.01%
members are elected by districts.
Percent of population 25-34 years old: 15.5%
Percent of population 35-44 years old: 10.8%
Percent of population 45-54 years old: 9.6%
Head Official: Mayor W. Wilson Goode (since 1983;
Percent of population 55-64 years old: 11.0%
current term expires January, 1992)
Percent of population 65-74 years old: 8.7%
Percent of population 75 years and older: 5.8%
Median age: 31.7 years (1980)
Total Number of City Employees: 30,000 (1989)
317
forfo
with
to every tax increase price WWII, the
Compress has spent 1.58pm every new dollar in
sevenue.
(Polline P.6)
THE WHITE HOUSE
WASHINGTON
July 18, 1990
MEMORANDUM FOR MARK LANGE
FROM:
BRUCE STEBBINSH
ASSOCIATE DIRECTOR
OFFICE OF POLITICAL AFFAIRS
SUBJECT:
POINTS OF INTEREST FOR PENNSYLVANIA AND NEW YORK
REPUBLICAN PARTY SPEECHES
PENNSYLVANIA REPUBLICAN STATE COMMITTEE LUNCHEON
The State Senate and State House of Representatives are
priorities. Republicans control the State Senate by a
redistration
margin of 27-23. We need to keep the Senate in Republican
hands and under the leadership of Bob Jubelirer. There is a
great State Senator in the Philly area who is running for
re-election and he needs your support. He is Joe Rocks.
We have the chance to win back the State House of
Representatives and make Matty Ryan, the next Speaker of the
House. Matty and John Perzel have been crisscrossing this
state recruiting qualified candidates to challenge House
Democrats.
Talk about Barbara Hafer and her run for Governor. The
President strongly supports her attempt to upset Governor
Bob Casey.
The message for this speech should concentrate on the need
for Republican leadership to help Pennsylvania. They have
strong leadership in the U.S. Senate with John Heinz and
Arlen Specter. Now Pennsylvania Republicans must work hard
toward the election of a Republican Governor, who will have
a Republican State Senate and State House of Representatives
to work with.
ACKNOWLEDGEMENTS:
Anne Anstine, GOP Chairwoman
Elsie Hillman, Republican National Committeewoman and close
friend
Herb Barness, Republican National Committeeman
Senator John Heinz
Senator Arlen Specter
JUL 17 '90 17:49 B HAFER FOR GOVERNOR
Talking Points
Barbara Hafer has been the underdog taking on an incumbent in
every race she ever entered. She has won them all, first as
Allegheny County Commissioner then as Auditor General. She's a
fighter willing to stand before the electorate and take the heat.
She doesn't run from problems nor does she blame anyone else as her
opponent is fond of doing.
He has ignored the needs of SEPTA (the Southeastern PA transit
Authority) but he blames the federal government for the problems.
He has ignored the crisis in Pennsylvania's prisons, but he
blames the State Senate for those problems.
He has ignored the need for the State to fund mandated
education programs. As a result, 75% of the state's school
districts will be forced to raise property taxes this year. He
blames this on the voters, for rejecting his tax referendum last
year.
He is to blame and he ought to admit it.
Barbara Hafer offers the voters of Pennsylvania an alternative
to the unchecked spending of the Casey Administration. She would
not have allowed a $350 million surplus inherited from Dick
Thornburgh's Administration to have been spent to the point where
Pennsylvania now faces a 1 billion dollar deficit by June of next
year.
Hafer has made a commitment to the parents and young people of
this State to fund education first when elected Governor. She has
proposed a constitutional amendment that would split the state
budget into two parts, Education and all other government programs.
Under the Hafer plan the education budget must be acted upon first
prior to spending being committed to other government programs.
She also supports a legislation that calls for all state mandated
programs to have an identified funding source before they become
effective.
Barbara Hafer has been taking her case to the people of
Pennsylvania. She's been talking about the issues about education,
mass transit, the disrepair of state's highway's. The democratic
administrations spending practices, and the frightening situation
in Pennsylvania's prison's.
JUL 17 '90 17:50 B HAFER FOR GOVERNOR
Her opponent is afraid to debate her on the issues. The
issues are on her side and the side of the Republican party. Every
time she brings up the issues, he hides. Hafer has accepted six
debate offers, Casey only one. He regretted that because as KYW
T.V. in Philadelphia put it "Hafer scored a TKO over Casey. " He
hasn't accepted any since then
no wonder.
Barbara Hafer stands for the good government, hands on
management polices of the Republican Party. She has served on
front lines of government in Allegheny County. From her days as
founder of the Allegheny County Center for the Victims of Violent
Crime through her service as Auditor General, she has always put
the people first. She has spoken for those who don't always have
a voice in government. She calls them as she sees them and stands
up for what she believes in.
Barbara Hafer has made a lot if good decisions. One of the
best was to marry a schoolmate of mine at Andover - Jack Pidgeon.
It's difficult to get Jack off the grounds of Kiski school where
he's Headmaster
but he came out on a weekend two years ago. He
and Barbara came to New Hampshire and campaigned for then Vice
President Bush.
John Pistranch (215) 893-1776
Joe Aoadah for !*! X1737
fundraiser for all Pean. Repub. cardidates
state Party
oxfater, yes, But also
Sente Cancy -
H2. " -
after N. Phila Gorm. Cte.
Cardidate Recruitant- - by push
A majority is within seach.
686-1786
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6TH STORY of Level 1 printed in FULL format.
Copyright (c) 1990 American Banker
July 12, 1990, Thursday
SECTION: THE LOBBYISTS; Pg. 4
LENGTH: 345 words
HEADLINE: Bank Directors Take Aim at Crime Bill
BYLINE: Robert M. Garsson, and Bill Atkinson
BODY:
A fledgling trade group representing bank directors has charged that a
crime bill sponsored by Chalmers P. Wylie, R-Ohio, could drive away directors
from serving on boards of banks and savings and loans.
The American Association of Bank Directors is taking issue with several
provisions in the Financial Crimes Punishment and Prevention Act of 1990, backed
by such heavyweights as House Banking Committee Chairman Henry B. Gonzalez,
D-Tex.; Frank Annunzio, D-I11.; and Doug Barnard Jr., D Ga.
In short, the legislation cracks down on bank and S&L executives who commit
financial crimes.
Although it agrees with the spirit of the law, the association charges that
the legislation is drafted so broadly that unwitting directors who sit on the
board of a failed institution could have their assets frozen as well as tax
returns released to banking agencies.
"It (the legislation) is overly broad," said David H. Baris, executive
director of the Washington-based trade association. "Those directors who read it
carefully will be scared."
Mr. Baris said the association believes that freezing assets may be
unconstitutional. Mr. Baris said the group has about 200 members, but he would
release only the names of the association's advisory committee, which includes
Alfred M. Pollard, director of federal government relations, Security Pacific
Corp.; Dana H. Cook, partner and national director of financial institution
capital markets, KPMG Peat Marwick; and William Resnik, senior counsel of
Seattle-based Seafirst Bank.
The association also takes issue with with an amendment made to the
legislation on June 28 that increased the financial risk to directors. The House
Banking financial institutions subcommittee took the action without holding a
hearing.
According to the association, the amendment permits a banking agency to have
a court issue a restraining order prohibiting any party subject to a civil cease
and desist order or other actions from withdrawing, transferring, or disposing
of assets.
The association has requested a hearing.
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18TH STORY of Level 1 printed in FULL format.
Copyright (c) 1990 The Washington Post
July 12, 1990, Thursday, Final Edition
SECTION: FIRST SECTION; PAGE A1
LENGTH: 807 words
HEADLINE: Crime Bill Bolsters S&L Enforcement
SERIES: Occasional
BYLINE: Helen Dewar, Washington Post Staff Writer
BODY:
Responding to mounting public furor over the savings and loan scandal, the
Senate yesterday approved broad new powers for the government to investigate and
prosecute fraud, penalize violators and recover losses -- with generous bounties
for informers.
The bipartisan proposal, drafted in consultation with the Justice Department
during the past few weeks, was approved overwhelmingly as part of an omnibus
anti- crime bill that was then passed and sent to the House by a vote of 93 to
6. The measure includes new penalties of up to life imprisonment for major S&L
crimes that could be applied retroactively to crimes committed before the bill
took effect.
House Democrats are drafting their savings and loan package that will be
unveiled shortly, House Speaker Thomas S. Foley (D-Wash.) said yesterday. The
S&L proposals "will go through Congress like a shot," said Sen. Timothy E. Wirth
(D-Colo.), a chief sponsor of the Senate package.
The anti- crime bill, threatened repeatedly during a month of rancorous
debate and partisan posturing, includes President Bush's proposal to reinstate
the death penalty for federal crimes and a modified version of his proposal to
curtail appeals by death-row prisoners. Under the bill, 34 federal crimes, four
more than Bush proposed, would be punishable by death. Most involve murder,
espionage and treason.
Over administration objections, the bill would expand Bush's ban on
importation of semiautomatic assault weapons to include some of the most
frequently used domestic models. Nine types of U.S. and foreign weapons would be
banned, including those most often used in drug-related violent crimes.
It would also tighten money-laundering curbs, authorize several thousand more
federal agents and prosecutors, increase federal aid to state and local law
enforcement agencies, strengthen federal efforts against child abuse and create
new rights for crime victims. Bush's proposal to allow courts to consider
evidence from warrantless searches was dropped.
The 99 to 1 vote in favor of the S&L provisions, with only Sen. William L.
Armstrong (R-Colo.) voting no, underscored the heavy pressure lawmakers are
feeling from constituents to contain the soaring costs of the industry's
cleanup, punish wrongdoers and prevent fraud in the cleanup effort.
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(c) 1990 The Washington Post, July 12, 1990
"American taxpayers have had their wallets picked clean" and are demanding
action, said Sen. John Heinz (R-Pa.), who joined Wirth in sponsoring the
proposal.
Senate Majority Leader George J. Mitchell (D-Maine) acknowledged that the
action came too late to prevent multibillion-dollar losses but said it was
essential to prevent repetition of the scandal. "Obviously it is a recurring
fact of human life that we learn from our mistakes,' Mitchell said.
The political pressure building around the thrift scandal was also reflected
yesterday in the House Appropriations Committee, whose members shouted approval
of a proposal authorizing a major new role for the Secret Service in
investigating savings and loan fraud. The action would result in assignment of
300 Secret Service agents to work with 600 Federal Bureau of Investigation
agents working on the probe, according to Rep. Edward R. Roybal (D-Calif.)
"This gives the government an additional tool to put those crooks in jail
[to] get those bandits," said Rep. Silvio 0. Conte (Mass.), the committee's
ranking Republican, who vied with Democrats at a boisterous committee session to
claim authorship of the enabling amendment to the 1991 Treasury and Postal
appropriations bill.
The S&L provision that was added to the Senate crime bill would create a
new "S&L kingpin" offense, punishable by life in prison, for violators who act
in concert with at least three others and reap more than $ 5 million from their
crimes over two years. The penalty of 10 years-to-life could be imposed on
violators indicted after enactment of the legislation, even if their offense was
committed before the bill took effect, senators said.
It would increase the maximum prison sentence for bank fraud and embezzlement
from 20 years to 30 years, impose mandatory minimum prison sentences in cases of
fraud exceeding $ 1 million and authorize the attorney general to bring suits
for bank fraud under the Racketeer Influenced and Corrupt Organizations (RICO)
law.
Bank fraud offenses would be added to the list of crimes for which wiretaps
may be authorized. The government's power to seize forfeited property would be
expanded, and violators could not go into bankruptcy to escape debts arising
from breach of their duties.
In an unusual move, people who provide information to the government on fraud
or location of assets would be eligible for cash "rewards" that could total $
300,000 or more depending on the amount of funds recovered.
Staff writer Dan Morgan contributed to this report.
TYPE:
NATIONAL NEWS
SUBJECT:
U.S. SENATE; CRIMINAL LAWS; CRIMES
ORGANIZATION:
RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS; JUSTICE DEPARTMENT
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(c) 1990 The Washington Post, July 12, 1990
NAMED-PERSONS:
THOMAS S. FOLEY; TIMOTHY E. WIRTH; WILLIAM L. ARMSTRONG; JOHN HEINZ
ENHANCEMENT:
SAVINGS-LOAN
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- 17
HR 5115--EQUITY AND EXCELLENCE IN EDUCATION ACT OF 1990--
UPDATE*
Committee on Education & Labor, H.Rept. 101-570
Introduced by Mr. Hawkins et al. on June 21, 1990
ISSUE INFORMATION
Vol. XIX, #23, July 13, 1990. (See also Vol. XIX, #22, July 5, 1990.)
HIGHLIGHTS
H.R. 5115 sets forth a number of goals for enhancing education in the U.S. The bill emphasizes:
preparing children for learning; high school graduation; adult literacy; math and science education;
teacher recruitment, flexibility and retention; and equal opportunity for postsecondary education. For
each of the goals set forth in the bill, a number of corresponding policies, educational initiatives and
changes to existing programs are enumerated. (The bill contains a modified version of the President's
education package; however, a number of provisions have been added on.) (See Digest, Vol. XIX, #22,
July 5, 1990 for a more comprehensive analysis.)
COSTS/COMMITTEE ACTION
A CBO cost estimate was unavailable at press time. The Committee ordered H.R. 5115 reported by
a 29-5 recorded vote on June 27, 1990.
ADMINISTRATION VIEW
An administration view was unavailable at press time.
RULE
The House adopted a rule (267-151), providing for a modified open rule with one hour of general debate.
The rule makes in order the Education and Labor Committee reported amendment in the nature of
a substitute original text for purposes of amendment. Only the 13 amendments printed in the report
accompanying the rule are in order and they are to be considered in the order printed (see below).
Finally, one motion to recommit is provided.
AMENDMENTS
Mr. Hawkins will offer an amendment requiring Education to use negotiated rule-making for all
regulations issued for its programs. [Under negotiated rule-making (1) regional meetings are
mandatory before Education may write regualtions and (2) Education is required to negotiate with
state and local representatives as they write regulations.] (Debatable for 10 minutes)
Mr. Hawkins will offer a second amendment prohibiting OMB from reviewing or disapproving
any report or evaluation conducted by Education. Furthermore, any OMB determination on such
*See the sections on the Rule and Amendments for updated information.
18 -
Mr. Miller (CA) will offer an amendment authorizing $10.0 million in FY 1991 and "such
sums" in FYs 1992-96 for Education to contract with the nonprofit "National Writing Project" to
establish a national writing project. Under this project, the nonprofit "National Writing Project" is to
subcontract with higher education or other educational providers to provide in-service training to
teachers in the area of writing. (Debatable for 10 minutes)
Mr. Smith (VT) will offer an amendment establishing a national demonstration program of
educational performance agreements between states and Education under which local authorities
develop proposals which enable students to achieve higher performance. Under such agreement,
selected local education authorities would be permitted to combine federal, state and local funds made
available for special needs education, drug education and training programs, for local performance
agreements. The amendment provides an exemption from corresponding federal and state laws and
regulations, but ensures that federal, state and local protections with respect to civil rights,
discrimination and safety will be upheld. (Debatable for 10 minutes)
Mrs. Roukema will offer an amendment making changes in the federal government's current
policies with regard to the student loan defaults.
The amendment would: (1) remove veteran's benefits from the CM formula, and treat all
veteran's benefits as resources in determining eligibility for Pell Grants and Stafford Loans; (2)
eliminate double-counting of student income and savings; (3) make changes in the definition of an
independent student; (4) discontinue work-study program subsidies when income exceeds the
determined need level by more than $200; (5) clarify that only parents enrolled at least half time in
a degree or certificate program may offset expenses; (6) allow financial aid administrators greater
professional discretion in adjusting low-income students eligibility; and (7) modify the student
contribution formula to take into account 50 percent of earnings rather than the current 70 percent.
The amendment would also make a number of changes to student financial assistance
programs. Specifically, the amendment:
*limits eligibility for a Pell Grant to the number of years required to complete an
academic program plus one year;
*reduces federal guarantee insurance from 100 percent to 95 percent for lenders who
have one-third or more of its principal balance of student loans with students attending
institutions with high default rates;
*prohibits guaranty agencies from selling certain Stafford Student Loan lists and
permits guaranty agencies to use state licensing agencies to help locate defaulting
borrowers; and
*requires eligible lenders to request pre-claims assistance from the appropriate guar-
anty agency for any delinquent loan within 10 days of the time such assistance is
available.
Additionally, the amendment limits deferment of PLUS loans; revises disclosure requirements
for Supplemental Loans for Students (SLS) Loans and provides for independent testing of ability-to-
benefit students, among other provisions. (Debatable for 30 minutes)
Mr. Gingrich and Mr. Gunderson will offer an amendment to the Adult Education Act
requiring states within, two years of enactment, to institute functional literacy programs in state
corrections institutions. (Debatable for 10 minutes)
- 19 -
Mr. Bartlett will offer an amendment adding a new "Access to Education" title to the bill (the
text of H.R. 3697). The amendment would amend Chapters 1 of the Elementary and Secondary
Education Act of 1965 to: (1) permit funds or services, at local discretion, to follow children who, as
part of a state or local open enrollment program or desegregation plan, transfer to a school that is not
eligible for Chapter 1 assistance; (2) provide notice of available services to parents of transferring
students; and (3) allow the adoption of choice as a mechanism to be employed under Chapter 1 program
improvement.
The amendment also amends:
*Chapter 2 of the Elementary and Secondary Education Act to permit LEAs to use
Chapter 2 assistance for planning and implementing open enrollment programs; and
*the Defense Dependent's Education Act of 1978 to require DOD to provide tuition (up
to the per pupil cost at the DOD school) to allow parents to send their children to non-
DOD schools.
The amendment also authorizes $40.0 million for an Open Enrollment Demonstration and
Research Program. Under this program, (1) state education agencies (SEAs) are awarded grants, on
a 50-50 matching basis, to support policy development, technical assistance and evaluation and (2)
LEAs are awarded grants to support open enrollment planning, parent information activities and
evaluation. Finally, Education is authorized to conduct research on open enrollment and disseminate
the results, directly or through grants, contracts and cooperative agreements. (Debatable for 30
minutes)
Mr. Hawkins will offer a substitute to the "Access to Education" amendment offered by Mr.
Bartlett. Under this substitute, participation of state and local agencies in open enrollment programs
under Chapter 1 and 2 would be conditioned on Education's certification that the state or local agency
has a fair system for financing its public schools. (Debatable for 30 minutes, and is to be considered
while the amendment offered by Mr. Bartlett is pending)
Mr. Panetta and Mr. Sangmeister will offer an amendment authorizing $30.0 million in
each of FYs 1991-93 for Education to make grants to SEAs for the establishment and operation of
foreign language institutes for the development and retraining of elementary and secondary teachers
in foreign languages and cultures.
In addition, the amendment would authorize another $5.0 million in each of FYs 1991-93 for
grants to SEAs, LEAs, institutions of higher education, and private nonprofit education entities to act
as a resource center for (1) coordinating the development and dissemination of foreign language and
culture instructional material and (2) expanding the use of technology in teaching foreign languages
and culture at the elementary level. (Debatable for 10 minutes)
Mr. Solomon will offer an amendment suspending student financial assistance to students
convicted of offenses involving the possession or sale of controlled substances. For those convicted of
possession of a controlled substance, the first offense renders the individual ineligible to receive
student financial assistance for one year, the second offense results in a two-year ineligibility period
and the third offense renders the individual indefinitely ineligible for student financial assistance. For
those convicted of the sale of a controlled substance, the first offense renders a student ineligible to
receive student financial assistance for a period of two years, and the second offense renders an
individual indefinitely ineligible to receive financial assistance.
A student whose eligibility has been suspended may resume eligibility before the end of the
period specified if the student satisfactorily completes a drug-rehabilitation program. (Debatable for
10 minutes)
20
Mr. Machtley will offer an amendment authorizing Education to (1) set up a pilot program
involving from between 10 and 100 institutions of higher education and (2) issue a report on the
program after three years. Under the program, college work-study funds would be used for "mentor"
activities for the benefit of disadvantaged youth who are at risk of dropping out of elementary or
secondary school. The mentor's responsibilities would include tutoring, support in educational and
recreational activities, counseling and helping the child to develop a better self-awareness and a self-
motivated desire to excel academically. (Debatable for 10 minutes)
Mr. Valentine and Mr. Roe will offer an amendment making changes to the National Science
Scholars Program in H.R. 5115. First the amendment would reduce the overall funding for this
program from $5.0 million to $4.4 million and the individual scholarship award from $10,000 per year
to $5,000 per year.
Secondly the amendment would establish a Science Career Scholarship program for students
in a baccalaureate degree program in physical, life or computer science, mathematics, or engineering.
These scholarship would go to those who are willing to commit themselves to teaching elementary and
secondary education for two years for every year of scholarship--maximum four years, or (1) complete
two years of service in a physical, life or computer science, math, or engineering capacity for the U.S.
or a corporation or other entity organized under the laws of the U.S. and at least 50 percent owned by
U.S. nationals; or (2) complete two years of postgraduate education in a physical, life or computer
science, math, or engineering program. The amendment would authorize $5.0 million in FY 1991,
$10.0 million in FY 1992 and $20.0 million in FY 1993 for this program.
If a student who receives an award under this act is convicted of possession or distribution of
a controlled substance, the student becomes ineligible to receive an additional award and must repay
the amount received under the award. (Debatable for 10 minutes)
Mr. Gunderson and Mr. Goodling will offer an amendment in the nature of a substitute.
This amendment includes much of the President's Education Package (H.R. 1675).
Presidential Schools of Distinction (Merit Schools)--The amendment authorizes $250.0 million
in FY 1991, $350.0 million in FY 1992 and $450.0 million in FY 1993 for grant awards to schools that
have improved student's education performance and reduced the drop-out rate.
National Science Scholars--The amendment authorizes $5.0 million in FY 1991 for a program
under which 570 annual college scholarships of $10,000 each will be awarded to high school seniors
to enable them to pursue post-secondary study in the sciences.
Presidential Awards for Excellence in Education--The amendment authorizes $5.0 million in
each of FYs 1991-93 for a program to award outstanding teachers. The $5,000 award is for their
professional development or educational use.
Non-traditional Routes to Teacher Licensure (Alternative Teacher Certification)--The amend-
ment authorizes $15.0 million in FY 1991 for a program to provide money to states for the design,
development and implementation of programs to enable alternative teacher and principal certifica-
tion.
Historically Black Colleges and Universities (HBCUs)--The amendment authorizes an addi-
tional $20.0 million for the endowment of HBCUs.
In addition to the President's proposals, the amendment includes several provisions relating
to literacy and the teaching profession.
- 21 -
Provisions relating to literacy include:
*the creation of an Interagency Task Force on Literacy to coordinate the various literacy
programs administered through different agencies;
*authorization of a National Instititue for Literacy to support research, provide
technical assistance and disseminate information on the best practices in the area of
literacy and adult education;
*authorization of a network of state and regional literacy research centers to interface
between the institute and local providers; and
*other amendments to the Adult Education Act to improve requirements for reporting
results from local programs and opening the grants to providers besides LEAs.
Finally, the amendment:
*includes a provision allowing loan forgiveness to teachers who commit to serving in the
teaching profession;
*authorizes $100.0 million for the establishment of (consortia) Professional Develop-
ment Academies to provide in-service training in institutions of higher education;
*modifies the Pell Grant program by excluding certain non-liquid assets, the family
farm and the family home, when determining student eligibility and need; and
*establishes a mechanism for Congressional participation in monitoring the achieve-
ment of the goals and standards through which that achievement could be measured by
including a National Summit Conference on Education. (Debatable for one hour)
STAFF CONTACT: Stuart Burns, 226-2305.
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10TH STORY of Level 1 printed in FULL format.
The Associated Press Political Service
The materials in the AP Political Service were compiled by The Associated Press.
These materials may not be republished without the express written consent of
The Associated Press.
HEADLINE: Questions Surface After Hafer's Weak Primary
DATE: May 25, 1990
DATELINE: HARRISBURG
KEYWORD: PA-ELN--Hafer Campaign
BODY:
Some Republicans are questioning the viability of Barbara Hafer's candidacy
for governor in the wake of her poor showing in last week's primary.
Others feel that unless she mounts a strong challenge against incumbent
Democrat Robert P. Casey, other GOP candidates on the fall ballot might be
endangered.
During a meeting earlier this week, the loose-knit Conservative Business
Coalition discussed the possibility of replacing Hafer as the party's nominee.
Around the Capitol, some Republican legislators expressed frustration with
Hafer's primary performance.
"The results of Tuesday's election are very disappointing to the conservative
wing as well as the middle of the road and the left. It was just a bad
election," said House Minority Leader Matthew Ryan, R-Delaware.
"Some people, I'm sure, think the thing to do is change candidates. But I
don't know how you do that," he said, adding that he felt Hafer's campaign could
be revived for a successful run against Casey.
In the May 15 primary, Hafer captured only 54 percent of the vote against a
poorly funded, virtually unknown candidate, Marguerite Luksik.
Hafer's campaign staff dismisses any suggestion that she would consider
stepping aside. Her campaign manager had described the prospect as "silly."
Once nominated in the primary, the only way a candidate can be removed from
the ballot is if he or she withdraws. The party would be responsible for naming
a successor.
Hafer's campaign has been plagued by verbal gaffs and a spate of bad
publicity. The controversy began after she labeled Casey a "redneck Irishman
from Scranton." She later was put on the defensive after an article in The
Pittsburgh Press revealed she had used state money to cover personal expenses,
which she later repaid.
Hafer also was criticized for comments she made about a visit by first lady
Barbara Bush, who came to the state to participate in a literacy conference with
Casey and his wife, Ellen.
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The Associated Press Political Service May 25, 1990
Senate President Pro Tem Robert Jubelirer, R-Blair, said he was unaware of
any organized effort to get Hafer off the ballot. He said any such talk is not
in the best interest of the party and "plays right into the hands of a guy named
Bob Casey."
Jubelirer said he was concerned that if Hafer is unable to mount a credible
challenge, Casey could funnel some of his war chest into legislative races.
Sen. D. Michael Fisher, R-Allegheny, said there was concern about Hafer's
poor showing and the effect on legislative races. But he added, "What needs to
be done is we have to get behind our candidate and fight like the devil."
Charles Gerow, an attorney who is a member of the Conservative Business
Coalition, said the discussion about replacing Hafer amounted to "Monday morning
quarterbacking.' He said Hafer had a chance to win the election. But, he added,
"It's an awful high hill to climb at this point."
Tom Druce, executive director of the State Republican Committee, said
suggestions that Hafer should step aside were coming from a "disgruntled" wing
of the party that has previously opposed her nomination.
Hafer's pro-choice position on abortion has distanced her from some
conservative factions. Her abortion stand was also considered part of the reason
for her weak showing in the primary. Luksik ran on an anti-abortion platform.
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20TH STORY of Level 1 printed in FULL format.
The Associated Press Political Service
The materials in the AP Political Service were compiled by The Associated Press.
These materials may not be republished without the express written consent of
The Associated Press.
HEADLINE: Hafer Gets Boost From Quayle Visit
DATE: June 6, 1990
BYLINE: By RICH KIRKPATRICK, Associated Press Writer
DATELINE: MIDDLETOWN, Pa.
KEYWORD: PA --Quayle Visit
BODY:
Republican gubernatorial candidate Barbara Hafer picked up a strong
endorsement from Vice President Dan Quayle while his visit to the state helped
Senate Republicans pocket over $$150,000 for their tough races this year.
In a 4 1/2-hour visit Tuesday, Quayle said he and President Bush are behind
Hafer, despite her pro-choice stand on abortion. He also praised her to party
supporters at a $$1,000-a-plate luncheon held at the estate of local businessman
Robert Mumma II.
Quayle addressed an airport rally with her beside him, joined raised hands
with her in a victory salute, and even gave her a bite of his chocolate-iced
doughnut at a campaign stop at a suburban supermarket.
"I'm here to tell you President Bush and I strongly support Barbara Hafer's
candidacy for governor," Quayle told several hundred supporters at the rally.
His support is important because he is viewed as the conservative connection
in the Bush administration and Hafer's greatest challenge is to win over
Republican conservatives in Pennsylvania. A poorly-funded, pro-choice
challenger won 48 percent of the vote against her in the May 15 primary. Such
challengers usually do no better than 25 percent.
Quayle said Hafer's victory and Republicans holding on to the state Senate
and winning control of the state House are crucial as Pennsylvania prepares to
redraw its congressional and legislative district lines next year. The
redistricting, which can affect each party's ability to win seats and power in
the Legislature and Congress, is done based on the census data being collected
this year.
Other pro-choice Republicans in Illinois, Rhode Island and California drew
his public endorsement, Quayle said.
"We do understand the differences of opinion on the issue of abortion," he
told reporters. "But we're not going to run out of the Republican Party
pro-choice Republicans. =
One sure way to ensure Republicans of continued minority party status is to
start enforcing litmus tests on such issues as abortion, Quayle said.
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The Associated Press Political Service June 6, 1990
Hafer could not be reached for comment after the vice president left, but her
campaign spokesman Ron Ruman said she was happy with Quayle's statements.
Robert Jubelirer, the Senate's most powerful Republican, said Quayle's
visit on behalf of the party's legislative caucus was an unusual show of support
and from the start was intended to help Hafer. However, the $$150,000 to
$$200,0 raised will go to help Republicans keep Senate control.
"He was anxious to come in and endorse Hafer," said Jubelirer, the Senate
president pro tem. "They wanted to make clear they are supportive of our
gubernatorial candidate regardless of what some would like to think."
Quayle said he will be back in Pennsylvania on behalf of Hafer and said he
expects Bush will also visit before the November election. Republican State
Chairman Anne Anstine had said in February that Bush would be the featured
speaker at a major fund-raiser in Philadelphia in May or June, but there are now
no definite plans for that.
Hafer, Jubelirer, Mrs. Anstine and other Republican leaders met briefly
with Quayle at the airport. Hafer pressed him on securing federal assistance for
mass transit, but he said he suggested she contact U.S. Transportation Secretary
Samuel Skinner.
"It's my chance to talk to the vice president and explain to him that the
federal government can't abdicate its responsibility," she told reporters before
the meeting.
Quayle said she aggressively made her points with him. He disputed Gov.
Robert P. Casey's statements that Congress and the Bush administration have held
the money to mask the size of the federal deficit. Skinner "has been very good
about releasing those monies," Quayle said.
"There's no desire to hold up federal highway trust funds to reduce the size
of the federal budget deficit," he said.
At the rally, Quayle made a point of praising embattled U.S. Attorney General
Dick Thornburgh as "an outstanding member of George Bush's Cabinet." Thornburgh,
the former two-term Pennsylvania governor, has been the object of a series of
national media stories depicting him as falling out of favor at the White House.
Asked about stories that he may be dumped from the ticket in 1992, Quayle
said people should listen carefully to Bush, who has said he will retain his
vice president. Asked what he thought of persistent perceptions that he is not
up to the job, Quayle said tersely, "Not much."
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5TH STORY of Level 1 printed in FULL format.
The Associated Press Political Service
The materials in the AP Political Service were compiled by The Associated Press.
These materials may not be republished without the express written consent of
The Associated Press.
HEADLINE: Republicans Back Flag Amendment; Luksik Causes Disruption
DATE: June 23, 1990
BYLINE: By MICHAEL BLOOD, Associated Press Writer
DATELINE: HARRISBURG
KEYWORD: PA -- GOP Fires
BODY:
Republican leaders united Saturday behind a constitutional amendment to
protect the U.S. flag, but a defeated primary candidate disrupted their harmony
with her anti-abortion crusade.
A resolution adopted by the Republican State Committee during a two-hour
organizational meeting urged Congress to pass a flag amendment and also
expressed support for President George Bush's efforts to guide the proposal
through the House and Senate.
In a related development, U.S. Sen. Arlen Specter, R- Pa. , said he would
support the amendment in the Senate, where it is expected to be debated this
week. U.S. Sen. John Heinz, R- Pa. , is a co-sponsor of the proposal, which was
rejected by the House on Thursday, 254-177.
"I think the Supreme Court was wrong," Specter said, referring to a June 11
court ruling that overturned a federal statute banning desecration of the flag
and prompted the effort to seek a constitutional change.
"I think the flag is an important value in our society," he added.
Committee members waved flags and sang "God Bless America" following the
vote. Barbara Hafer, the Republican candidate for governor, received a
standing ovation after saying she supported Bush in his efforts to push the
amendment through Congress.
Meanwhile, Marguerite Luksik, who was defeated by Hafer in the May primary,
circulated two statements sharply critical of GOP national committeewoman
Elsie Hillman and newly appointed national committeeman Herb Barness.
Luksik, who won 46 percent of the vote, ran on an anti-abortion platform;
Hafer, who tallied 54 percent of the vote, is pro-choice. Throughout the
election Hafer has encountered resistance from the right wing of the party,
especially on the abortion issue.
One statement described Barness as a "liberal pro-choice activist" whose
selection by party leaders alienated conservatives. Mrs. Luksik said it was
"deplorable that those who claim that the party is a 'big tent' have decided
that there is no room inside for conservatives.'
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The Associated Press Political Service June 23, 1990
The statement on Mrs. Hillman questioned her support for GOP candidates
because of her involvement in a pro-choice group in western Pennsylvania.
Republican leaders discounted Mrs. Luksik's statements, saying she was
damaging her standing in the party by refusing to support its leadership and the
state ticket.
"She has no standing. She is not a Republican in the truest sense," said
state Sen. Robert Jubelirer, R-Blair, the Senate top-ranking Republican.
"She certainly doesn't speak for the Republican Party," he added.
Party Chairman Anne Anstine said Mrs. Luksik was "not a team player."
"Why doesn't she ask what she can do to elect Republicans? = Mrs. Anstine
said. "I don't consider her a good Republican. =
Speeches throughout the meeting focused on Gov. Robert P. Casey and the
state's budget woes. Rep. John Perzel, R-Philadelphia, said the media was being
dishonest and overlooking the problem. The state has a $$226 million revenue
shortfall this year.
"You don't balance this budget on the backs of property owners, as this
governor is doing," Hafer said. She reiterated her support for a modest increase
in the gas tax to help pay for transportation improvements.
Casey's campaign could not be reached for comment Saturday.
In other action, the committee endorsed Chairman Anne Anstine for a two-year
term. Also elected were William Lamb of Chester County, vice chairman; Robert
Taylor of Bucks County, treasurer; and Grace Jesberger of Elk County, secretary.
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3RD STORY of Level 1 printed in FULL format.
The Associated Press Political Service
The materials in the AP Political Service were compiled by The Associated Press.
These materials may not be republished without the express written consent of
The Associated Press.
HEADLINE: A Taxing Day For GOP Candidate At White House
DATE: June 28, 1990
BYLINE: By JEFF BARKER, Associated Press Writer
DATELINE: WASHINGTON
KEYWORD: PA Hafer-Bush
BODY:
It was, a taxing Thursday for Pennsylvania GOP gubernatorial candidate
Barbara Hafer, who came to the White House hoping to talk about education but
was pelted with questions about President Bush's tax stance.
Hafer, the state's auditor general, did secure a pledge from Bush to travel
to Pennsylvania on July 24.
She said the visit would be a big boost to her underdog campaign.
"His popularity in Pennsylvania is at an all-time high," she said. "He's
coming in to campaign for me."
Hafer chatted with Bush privately inside the White House and filmed some
video spots with him. She emerged alone to face reporters.
Following her to the bank of microphones were GOP gubernatorial candidates
from other states who had also been granted an audience with Bush.
Hafer was asked about Bush breaking the "no new taxes" pledge that was at the
center of his 1988 campaign.
The president said earlier in the week that "tax revenue increases" must be
included in an overall package to reduce the federal budget deficit.
"I didn't tell the president anything about that," Hafer said. "We talked
about education and Pennsylvania's priorities."
Reporters persisted, asking Hafer directly what she thought of a tax hike.
"I don't
I'm not going to comment on that," Hafer said.
Later, she praised Bush for his leadership on the issue.
"He's not afraid, and I'm not afraid to talk about taxes," Hafer said.
"You're calling it a tax shift. It's my understanding he's talking about being a
leader and bringing people to the table."
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The Associated Press Political Service June 28, 1990
Bush has not offered any specific tax increase proposal, and says any
increase would have to be part of a package of cuts in both domestic and
military spending.
His remarks came as part of closed-door talks between leading lawmakers and
White House officials on the budget.
Tax increases have been part of Hafer's own arsenal against Democratic Gov.
Robert Casey.
By proposing low state funding for schools, Casey has forced school boards to
raise property taxes, Hafer claims. "While this governor continues to tell
people he hasn't raised taxes, in fact he has. When you get your school tax
bill, you're also getting the Bob Casey tax hike," she said on June 6.
Hafer has
Hafer aides billed Thursday's meeting as a chance for the candidate to brief
the president on education.
made ed.
AS governor, she said she would seek a commonwealth constitutional change to
split the budget into two parts, one for education.
central tompn.
Reports filed recently with the state Elections Bureau showed Casey had just
over $$1 million in the bank for the November election, nearly six times as much
as Hafer.
Hafer said money was coming in slowly, but that voters had not begun to focus
on the race yet.
Hafer told reporters she expected "a traditional, very close Pennsylvania
race."
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4TH STORY of Level 1 printed in FULL format.
Copyright (c) 1990 The New York Times Company;
The New York Times
June 21, 1990, Thursday, Late Edition - Final
SECTION: Section A; Page 16, Column 1; National Desk
LENGTH: 1499 words
HEADLINE: After Renaissance of the 70's and 80's, Philadelphia Is Struggling to
Survive
BYLINE: By MICHAEL deCOURCY HINDS, Special to The New York Times
DATELINE: PHILADELPHIA, June 20
BODY:
The urban renaissance here, marked by the frenzied construction of $5 billion
worth of downtown office buildings and the rebuilding of frayed neighborhoods in
the 1970's and 80's, is sputtering out. The new urban issue here, as framed by
the city's austerity budget for next year, is survival.
''If we raised taxes any more than we did, we would have had to expand the
highways to the suburbs for all the moving vans, said City Councilman John F.
Street, who earlier this month successfully pressed for $65 million in
reductions in city services, including programs for the homeless and street
cleaning.
Philadelphia's taxes are among the highest in the nation, and are three times
those in its suburbs, which have better schools, less crime and many jobs,
according to the Pennsylvania Economy League, a nonprofit research group.
City Is Facing Insolvency
But without more tax revenue, the city could become insolvent. Some city
officials, including the finance director and the controller, say deficits
expected in the next year or two could mean severe reductions in city services
and could set off a fiscal crisis.
On June 8, Standard & Poor's, the Wall Street rating agency, reduced the
city's bond rating two notches, to the lowest rating, BBB-, held by any major
city. St. Louis and Detroit, the two next lowest rated, are rated BBB.
Mayor W. Wilson Goode, whose proposal for more taxes was defeated last month,
says the city will be able to hold on until the state comes to its rescue after
the fall elections for governor and much of the State Legislature. But
incumbents have not shown much eagerness during the campaign season to help
Philadelphia.
The city wants to increase revenue by adding taxes on cigarettes and
gasoline; creating a new sales tax, and making its wage tax, now about 5 percent
for everyone, progressive like Federal taxes. The city needs the Legislature's
approval for these changes.
A Critical Stage
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(c) 1990 The New York Times, June 21, 1990
Urban specialists say most older Northeastern and Midwestern cities share
Philadelphia's problems, but they say the problems have reached a critical stage
here. ''Sadly enough, Philadelphia is showing the way,'' said George Sternlieb,
professor of urban planning at Rutgers University.
' 'We didn't genuinely redevelop our cities in the seven fat years we just
went through,' Professor Sternleib said, ''so we face some real troubles in the
seven lean years ahead. There was a momentary euphoria in downtown monument
building in the 1980's, but those monuments are beginning to look like
tombstones surrounded by the old crumbling cities.
Like many other cities, Philadelphia, the nation's fifth largest, is in a
desperate competition with its suburbs. More than 400,000 people, largely
middle-class whites and blacks, have moved to the suburbs since 1950, when
Philadelphia reached a peak population of 2.1 million. The flow out left behind
a city with an increasingly poor, elderly and needy population that is about 45
percent black and about 5 percent Hispanic and Asian.
One of every four Philadelphians, including almost half its homeowners, lives
below the poverty line. More than 260,000 residents receive public assistance,
representing about 40 percent of the state's caseload. The city also produces
about half of the prisoners in the state.
Decline in Federal Aid
While the city's population has shrunk and become poorer, problems like AIDS,
homelessness, drugs and crime have increased rapidly.
Federal aid to Philadelphia declined from more than $250 million in 1981 to
$54 million this year. County governments help other Pennsylvania cities like
Pittsburgh, but Philadelphia is a county unto itself and, thus, cannot raise
revenue from its suburbs.
Nor can the city tax its own residents as it wishes. State law limits the
city's taxing authority, said Betsy Reveal, the city's finance director.
' 'My favorite example, she said, ''is that all the Ma and Pa groceries
stores paid $3 million in taxes in 1988 while all the banks paid less than
$500,000.' The state limits the revenue taxes Philadelphia can impose on highly
regulated business like banks and insurance companies.
Philadelphia has the nation's highest wage tax and the nation's highest
transfer tax on real estate sales; both are about 5 percent. In addition, the
city has the nation's highest automobile insurance rates, state officials say.
People here also pay the highest fares for public transportation and taxi cabs.
Housing, however, is relatively inexpensive, averaging $68,500 a house.
'An Evacuation Mentality'
Some academics say the city has spun out of control. ''I believe there is a
total lack of faith in city government,' said Jay Lamont, director of the Real
Estate Institute at Temple University. There is definitely an evacuation
mentality that has been accelerating in the last 12 months, particularly in
Center City,' he said, referring to the neighborhoods in and near downtown.
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(c) 1990 The New York Times, June 21, 1990
the State Legislature will approve.
The budget also makes no provision for uncontrollable expenses, including pay
and benefit increases for city employees and higher borrowing costs. Officials
say those expenses could exceed $200 million. In lowering the city's bonding
rating, Standard & Poor's said the new budget 'does not bode well for
restoration of fiscal stability.' Moody's Investors Service, the other large
rating agency, has already given the city its lowest investment-grade rating and
is considering reducing it further.
The reduction in bond rating could increase the city's borrowing costs,
possibly by $10 million a year if Moody's also reduces the city's rating, said
Ms. Reveal, the city's finance director.
She said the city could become insolvent if unbudgeted expenses rose to $100
million.
' 'The next 18 to 24 months are real touch and go, but if we get through those
rocky waters we should be in for some smooth sailing,'' she said. If, that is,
the State Legislature permits Philadelphia to revise its taxes.
GRAPHIC: Photo: With taxes among the nation's highest, Philadelphia made a $65
million cut in services, including street cleaning and programs for the
homeless. Trash littered 17th Street in Philadelphia recently. (Bill Cramer for
The New York Times); graph of average local taxes for a family of four with a
household income of $25,000 for each city's 1988 fiscal year. (source:
Pennsylvania Economy League)
SUBJECT: TAXATION; ECONOMIC CONDITIONS AND TRENDS; FINANCES; BUDGETS AND
BUDGETING
NAME: GOODE, W WILSON (MAYOR); HINDS, MICHAEL DECOURCY
GEOGRAPHIC: PHILADELPHIA (PA)
LEXIS® ® NEXIS® LEXIS® NEXIS® ®
JUL 17 '90 11:22 REPUBLICAN ST. COMMITTEE OF PA.
P.1
STATE COMMITTEE
STATE REPUBLICA MEMATASHINGA JB
Republican State Committee of Pennsylvania
112 State Street
Harrisburg, Pennsylvania 17105
(717) 234 - 4901
Fax (717) 231 - 3828
Date:
2/17
Time:
To:
CAROLYN CAWLEY
Department:
The White HOUSE
Telecopier Number:
Number of pages including cover sheet:
5
Message:
Info on MASS transit ANd
SEPTA Funding
Sent From:
Name:
Tom DRUCE
Department:
Telecopier Number:
If all pages are not received, please call (717) 234 - 4901
ICAN
ST.
COMMITTEE
OF
pr.quirer
An Independent Newspaper
ROBERT J. HALL
EUGENE L ROBERTS JR:
Publisher and Chairman
Executive Editor and President
DAVID R. BOLDT
Editor of the Editorial Page
Wednesday, May 23, 1990
Page 18-A
EDITORIALS
Hafer on SEPTA
The Republican gubernatorial candidate
says some things worth listening to
Most people, especially the smat-
the sales tax and part of the gas
tering of Pennsylvania Republicans
tax.
who bothered to vote last week,
To be sure, Gov. Casey did pledge
found themselves somewhat under-
a substantial increase in state aid for
whelmed by the gubernatorial candi-
SEPTA in the coming year. However,
dacy of Auditor General Barbara
he has been cool to the idea of pro-
Hafer, who made the mistake of
viding the transit agency with a
thinking she could take the primary
source of funding that it could plan
for granted.
on from year to year.
But before consigning her to polit-
Ms. Hafer, for her part, says that a
ical oblivion on the basis of her un-
predictable transit funding source
impressive primary vote, it might be
would be "tough to sell for a Republi-
worth taking a look at what she was
can in the heartland, in the center of
saying on one significant issue, be.
the state," but she added that "you
cause what she had to say showed
have to sell the importance of mass
her to be, at least on this issue, a
transit and what it means in terms of
more courageous politician than
taking people to markets, and the
Gov. Casey, whom she will oppose
product to people. We're only as good
this fall.
as our center cities, essentially Phila-
The area was funding for mass
delphia and Pittsburgh, and if our
transit in general, and SEPTA in par-
center cities aren't healthy, then the
ticular. In her conversations with
rest of us are not healthy. We cannot
the Editorial Board of The Inquirer,
just think regionally."
Ms. Hafer said without equivocation
Ms. Hafer said she gained her ap-
that she favored allowing the gaso-
preciation for the need to support
line tax to be used for mass transit.
transit as a former Allegheny County
She said she would advocate amend-
commissioner, who chaired a sub-
ing the state constitution, which at
committee for the Southwestern
present says the gas tax can only be
Pennsylvania Regional Planning
used to build highways.
Commission. "We really helped turn
Ms. Hafer also made it clear that
around the Allegheny County Port
her commitment to mass transit went
Authority, which oversees the six-
beyond advocacy of the gas tax. "If
county transit system around Pitts-
you can't get the constitutional
burgh, primarily a bus and subway
amendment through," she said, "we
system."
should persist and insist on creating
Pardon us while we take a deep
a predictable funding source until
breath. It's just that we aren't accus-
there is fair and full funding for
tomed to hearing a Republican of.
transit."
ficeholder from Western Pennsylva-
She asked, "Why don't we go to
nia talk so convincingly about the
true tax reform? Get rid of some of
worth of saving Philadelphia and its
the property taxes and nuisance
transit system. Ms. Hafer's comments
taxes and look at the income tax."
are some of the most encouraging
Mass transit, she asserted, "may re-
words we've heard so far in this
quire part of the income tax, part of
campaign.
JUL 17 '90 11:23 REPUBLICAN ST. COMMITTEE OF PA.
P.3
Source Pittsburgh Post Gazette
Date 7/14/90
Hafer advocates
raising gasoline tax
6 cents a gallon
Wants funds for roads, mass transit
HERSHEY, Pa. (AP) - Barbara
Hafer, the Republican candidate for
invested $4.2 billion in highway and
bridge improvements during Casey's
governor. says Pennsylvania should
first term
raise its gasoline tax by 6 cents a
regital
gallon, or 50 percent, to pay for
Despite the spending, such major
improved highways and mass
links as U.S. 30 in Lancaster County
transit.
need. extensive renovations, said
In a speech yesterday to the
Hafer's campaign manager, Ratrick
American Legion Convention, she
Killian. Among the groups favoring
briefly mentioned that mass transit
more gasoline taxes, be said are the
chambers of commerce in Longas.
needs a predictable source of money,
ter. Erie, Monessen, Johnstown the
but she did not refer to the higher gas
tax.
Harrisburg area and State College:
Lycoming and Berks counties and
She outlined her tax proposal
the Pocono Mountains, as well the
Thursday in Philadelphia, saying 4
Pennsylvania Travel Council, and
cents should be added for highways
Pennsylvania Business Roundtable.
and 2 cents for mass transit.
Hafer said lawmakers weuld have
"A package for mass transit has to
to be educated about mass transit's
be developed," she told a reporter
needs. Two cents from the reseline
after her speech yesterday. "We're
tax would give the state's $0 mass
one of the few states that don't have
transit systems an additional SLIO
a predictable funding source for
million a year for capital projects.
mass transit. It really is the life
blood of many communities east and
She said she also favored boosting
the state's share of capitol bond
west."
funding above the 50 percedt level
A constitutional amendment is
now set, in law.
required before gas tax money can
"I believe it will pass the hert
be used for mass transit. The Demo-
time it comes through the Legisla-
cratic-controlled state House reject-
ture," she said.
ed the proposal 113-87 on June 27.
Pennsylvania boosted aid tomass
Pennsylvania now imposes a 12-
transit by 4.5 percent, to-5239.7
cent per gallon tax at the retail level
million in the fiscal year that started
and a 6 percent tax on the wholesale
July 1.
price of gasoline that equals 5.4
Atim
cents a gallon.
"In terms of transit, Pennsylvania
already contributes more to arean
Hafer, who is running against
Gov. Casey, said business groups
mass transit each year for operating
subsidies than any other state-in the
across the state support a gasoline
tax increase.
said. nation except New York, McCarron
"Time is money and businesses
At the American Legion conven-
are losing money while their trucks
tion, Hafer said she supported a
sit in traffic on overly congested
constitutional amendment Changing
roads," she said in a statement
flag burning, moving veterans -af-
issued Thursday. "This costs Penn-
fairs from the Department of Mili-
sylvania jobs."
tary Affairs to a separate Veterans
The state Transportation Com-
Commission, appointing his special
mission, an advisory group of law-
assistant to the governor. for weter-
makers and local officials, called on
ans affairs and expanding rights for
Casey in 1987 to support more more
overseas military people to vote by
money for highways. The unspoken
absentee ballot.
intent was to have him support a
Hafer also told the veterens Her
higher gasoline tax.
priorities is governor would
Legislation proposing a 5-cent-a.
cation.
human
Extended Page
3.1
gallon boost surfaced briefly in June
transporta-
tion and the drug war.
1989 in the House. but did not come
used
to a vote. In April 1989, the House
and Senate Transportation commit-
tees approved bills to shift state
police expenses out of the motor
license fund SO $187 million more
could be spent on highways. No
further action was taken, however.
Casey has repeatedly rejected in-
creasing the gasóline tax.
"The taxpayers are already sup-
porting a highway and bridge con-
struction program that has reached
record levels in the last four years."
said PennDOT spokesman James
McCarron. He said the state had
JUL 17 '90 11:24 REPUBLICAN ST. COMMITTEE OF PA.
P.4
d12010pa--
r P.. AM-PA--ViewingHarrisburs Bjt 07-15 0577
AM-PA--Viewing Harrisburg, Bjt,700
An AP News Analysis
Eds: Moved in advance for Sunday editions and after.
By RICH KIRKPATRICK
Associated Press Writer
HARRISBURG (AP) - Republican gubernatorial candidate Barbara Hafer,
known for speaking her mind, is telling voters they can have better
highways and mass transit as long as they are willing to dig a little
deeper into their pockets.
It's not the kind of thing candidates usually say. The risk is your
opponent will run a 30-second television ad accusing you of - horrors -
wanting to boost gasoline taxes.
But when a candidate is considered the underdog, risks may be a little
easier to take.
Hafer said last week she favors B 6-cent a gallon increase in the
gasoline tax: 4 cents for highways and 2 cents for mass transit.
One of her points is that her proposal would offer rural lawmakers the
incentive that was missing when the House rejected a constitutional
amendment to allow part of the gasoline tax to be used for mass transit.
The June 27 vote was 113-87 against the amendment.
The House vote was not surprising, given that on its face it offered
nothing to areas of Pennsylvania that don't rely heavily or at all on mass
transit. If rural lawmakers can bring home more money for their local
highway needs, then they might be convinced to vote for earmarking a
portion for mass transit.
Hafer said the 4-cent increase for highways would add $220 million a
year to the state's road building and improvement budget.
She is not alone in calling for more highway revenue. Three years ago,
the state Transportation Commission adopted a 12-year plan calling for
$11.7 billion in highway spending. But the bipartisan group of lawmakers
and local officials on the commission acknowledged that taxes in place
would only generate $8.6 billion. The commission then turned to Gov. Robert
P. Casey and said, Your move. He said: "No tax increase.'
Pennsylvania business groups have also urged that gasoline taxes be
raised. Hafer said farmers in Lancaster County have complained to her that
they can't get their produce to markets because of bad roads.
Transportation Department spokesman James McCarron said Lancaster County
is not the example to use. The debate over whether new highways should go
through prime farmland has held up new construction in the county, he said.
Reflecting the Casey line, McCarron said the administration has put
together a record $4.2 billion highway and bridge improvement program in
its first 3 1/2 years without boosting taxes.
In terms of mass transit, Pennsylvania ranks second only to New York in
its support for operating costs, McCarron said. Pennsylvania's aid is
increasing 4.5 percent, to $239.7 million this year for the state's 20 mass
transit systems.
But Hafer points out that more needs to be done. The state's highway
network has gaps. And mass transit shouldn't have to guess year-to-year
where the dollars will come from to keep the systems in good shape.
"A package for mass transit has to be developed, she said. ``We're
one of the few. states that don't have a predictable funding source for mass
transit.'
She said she expects the mass transit amendment will be voted again and
pass.
"I think we can educate some of the other legislators that it's not
just good money after bad, that we're on a crisis position for capital
improvements, preventative maintenance of systems we've invested so much in
already that just have to be taken care of, she said.
Casey has said Washington must first release 8 $6 billion transit fund
that has been frozen as part of deficit reduction efforts. Hafer has
Extended Page 4.1
called on the federal government to make more money available.
600 natel IND elso
about calling for higher gasoline taxes.
when questioned by a reporter last week, Hafer didn't seem concerned
``I think you have to be honest and tell the truth to people, " she
said. Highway construction is absolutely necessary. You can't get
something for nothing.
"It's a matter of articulating the issue and being bold enough to stand
haven't heard any negatives.
up and say, 'I'm not afraid to talk about raising the gasoline tax.' And I
(Rich Kirkpatrick has covered the Capitol since 1973.)
AP-NY-07-15-90 1239EDT-
JUL JUL 73 REPUBLICAN ST. COMMITTEE OF PA.
50 0 FIRT FUR GOVERNOR
P.5
P.3/4
The Philadelphia Inquirer
An Independent Newspaper
ROBERT J. HALL
EUGENE L. ROBERTS JR.
Publisher and Chairman
Executive Editor and President
DAVID R. BOLDT
Editor of the Editorial Page
Sunday. July 15, 1990
Page 6-C
EDITORIALS
Score one for Hafer
Unlike Casey, she's not spooked by the gas tax
Republican gubernatorial candi-
his mouth shul. Indeed, according to
date Barbara Hafer's announcement
Rep. Gordon Linton (D., Phila.), the
last week that she favors a gasoline
governor's aides had promised that
tax increase to help mass transit is a
he wouldn't do anything to scuttle
further reminder of how Gov. Casey
the measure.
took a walk on this issue at a time
But on June 28. two days before
when his support was sorely needed.
the legislature adjourned. the gover-
Last month, in the final days of
nor effectively wiped out the effort
the Pennsylvania legislative session,
10 pick up a few fence-sitters by re.
backers of # constitutional amend-
marking that the amendment was a
ment to allow a portion of gas tax
"thinly velled tax" - while saying
revenues to be used for mass transit
nothing about the crying need for
came within five votes of getting the
new highways and improved mass
measure through the House of Repre-
transit. Senate GOP leaders immedi-
sentatives. If they had succeeded in a
ately used the governor's "sniping
last-ditch follow-up vote, Senate
from the sidelines," as a reason to
backers were hopeful of a narrow
bury the bill.
victory there as well.
Ms. Hafer makes no bones about
The prime sponsors of the meas-
her reason for supporting the amend.
ure were Democrats. but they were
ment. She wants to raise the gas tax by
getting Republican help from Phila-
6 cents per gallon to support highways
delphia's suburbs. Having long since
and mass transit. We suspect that 8 lot
given up on the Democratic gover.
of voters, particularly in a Democratic
nor taking a leadership role, they
city that is SO dependent on mass
were counting on him merely to keep
transit, share her point of view.
Services of Mead Data Central
PAGE
2
1ST STORY of Level 1 printed in FULL format.
The Associated Press Political Service
The materials in the AP Political Service were compiled by The Associated Press.
These materials may not be republished without the express written consent of
The Associated Press.
DATE: July 14, 1990
BYLINE: By RICH KIRKPATRICK, Associated Press Writer; Rich Kirkpatrick has
covered the Capitol since 1973.
DATELINE: HARRISBURG
KEYWORD: PA --Viewing Harrisburg
BODY:
Republican gubernatorial candidate Barbara Hafer, known for speaking her
mind, is telling voters they can have better highways and mass transit as long
as they are willing to dig a little deeper into their pockets.
It's not the kind of thing candidates usually say. The risk is your opponent
will run a 30-second television ad accusing you of - horrors - wanting to boost
gasoline taxes.
But when a candidate is considered the underdog, risks may be a little easier
to take.
Hafer said last week she favors a 6-cent a gallon increase in the gasoline
tax: 4 cents for highways and 2 cents for mass transit.
One of her points is that her proposal would offer rural lawmakers the
incentive that was missing when the House rejected a constitutional amendment to
allow part of the gasoline tax to be used for mass transit. The June 27 vote was
113-87 against the amendment.
The House vote was not surprising, given that on its face it offered nothing
to areas of Pennsylvania that don't rely heavily or at all on mass transit. If
rural lawmakers can bring home more money for their local highway needs, then
they might be convinced to vote for earmarking a portion for mass transit.
Hafer said the 4-cent increase for highways would add $$220 million a year to
the state's road building and improvement budget.
She is not alone in calling for more highway revenue. Three years ago, the
state Transportation Commission adopted a 12-year plan calling for $$11.7
billion in highway spending. But the bipartisan group of lawmakers and local
officials on the commission acknowledged that taxes in place would only generate
$$8.6 billion. The commission then turned to Gov. Robert P. Casey and said,
"Your move." He said: "No tax increase."
Pennsylvania business groups have also urged that gasoline taxes be raised.
Hafer said farmers in Lancaster County have complained to her that they can't
get their produce to markets because of bad roads.
LEXIS® ® NEXIS® LEXIS® NEXIS ®
Services of Mead Data Central
PAGE
3
The Associated Press Political Service July 14, 1990
Transportation Department spokesman James McCarron said Lancaster County is
not the example to use. The debate over whether new highways should go through
prime farmland has held up new construction in the county, he said.
Reflecting the Casey line, McCarron said the administration has put together
a record $$4.2 billion highway and bridge improvement program in its first 3 1/2
years without boosting taxes.
In terms of mass transit, Pennsylvania ranks second only to New York in its
support for operating costs, McCarron said. Pennsylvania's aid is increasing
4.5 percent, to $$239.7 million this year for the state's 20 mass transit
systems.
But Hafer points out that more needs to be done. The state's highway network
has gaps. And mass transit shouldn't have to guess year-to-year where the
dollars will come from to keep the systems in good shape.
"A package for mass transit has to be developed," she said. "We're one of the
few states that don't have a predictable funding source for mass transit."
She said she expects the mass transit amendment will be voted again and pass.
"I think we can educate some of the other legislators that
it's not just
good money after bad, that we're on a crisis position for capital improvements,
preventative maintenance of systems we've invested so much in already that just
have to be taken care of," she said.
Casey has said Washington must first release a $$6 billion transit fund that
has been frozen as part of deficit reduction efforts. Hafer has also called on
the federal government to make more money available.
When questioned by a reporter last week, Hafer didn't seem concerned about
calling for higher gasoline taxes.
"I think you have to be honest and tell the truth to people," she said.
"Highway construction is absolutely necessary. You can't get something for
nothing.
"It's a matter of articulating the issue and being bold enough to stand up
and say, 'I'm not afraid to talk about raising the gasoline tax.' And I haven't
heard any negatives."
LEXIS® NEXIS® ® LEXIS® NEXIS
Services of Mead Data Central
PAGE
6
4TH STORY of Level 1 printed in FULL format.
Copyright (c) 1990 The Bureau of National Affairs, Inc.;
Daily Report For Executives
July 11, 1990, Wednesday
SECTION: TAXATION, BUDGET AND ACCOUNTING; DER No. 133; PG. G-1
LENGTH: 846 words
HEADLINE: U.S. Budget, BUSH ADMINISTRATION SUPPORTS BALANCED BUDGET AMENDMENT,
DARMAN SAYS
BODY:
Office of Management and Budget Director Richard Darman told a House
subcommittee July 10 that the Bush administration ''strongly supports' House
and Senate resolutions that would amend the Constitution to require a balanced
federal budget.
Such an amendment, Darman told a hearing of the House Judiciary Subcommittee on
Economic and Commercial Law, would provide the additional incentive needed to
force the executive and legislative branches to bring the budget into balance.
The House resolution (HJRes 268), which carries 248 cosponsors, is on a fast
track for floor consideration July 17, having attained enough signatures to be
discharged from the Judiciary Committee in June. The Senate version (SJRes 183)
was favorably reported out of committee June 14 (116 DER G-5, 6/15/90).
Resolution On Fast Track
House Speaker Thomas Foley (D-Wash), who opposes a constitutional amendment,
put HJRes 268 on next week's calendar. Rep. Charles Stenholm (D-Texas), who
introduced the resolution initially in 1984, predicts it will be approved or
defeated by a margin of five to 10 votes. Foley normally would have scheduled
discharged measures on a Monday-a day when members are traveling, an aide to
Stenholm said, but because of the nature of the resolution, the speaker opted to
put it on the calendar July 17-a Tuesday-hoping for a vote of the full body.
Amendments to the Constitution must be approved by a two-thirds majority of both
houses and ratified by 38 states before becoming law.
Although the House vote is scheduled, Rep. Jack Brooks (D-Texas), chairman of
the Judiciary Committee, said the hearing was in order because the committee has
the authority to investigate and hold hearings on budget matters. Rep. Chuck
Douglas (R-NH) reminded Brooks that he had requested a hearing on the issue last
February, without success.
Brooks said he opposes a balanced budget amendment as an unworkable gimmick
that would give an unelected judiciary power over the budget if the president
and Congress cannot agree on an estimate of total receipts for a fiscal year as
the base measure upon which outlays would be calculated.
But Darman said that Congress' fear of judicial control over the budget would
LEXIS® ® NEXIS® LEXIS® NEXIS
Services of Mead Data Central
PAGE
7
(c) 1990 Daily Report For Executives, July 11, 1990
be ''a powerful incentive'' to negotiate with the executive branch to achieve a
balanced budget, which he said should be phased in by 1994 if the amendment
becomes law.
Darman told reporters before the hearing that the Bush administration and
Congress have the potential to complete a federal deficit-reduction agreement
before Congress adjourns in August, although much work remains. ' ' How far down
the path we are, that's just really very speculative at this point,' he said.
''Formally, we're not very far down the path at all.'
Addressing the subcommittee, the budget director said Congress lacks ''the
political will'' to reduce spending and take other steps to reduce the federal
debt. But under questioning by Rep. Dan Glickman (D-Kan), who joined other
Democrats on the committee in opposing an amendment, Darman agreed that the
administration's last submitted budget did not have support in Congress from the
president's own party.
' ' I think that it is clear that however you'd like to parcel out the blame
.the combination has produced this result,' Darman said. ''The current system
is not adequately restraining the growth of debt
There would appear to be a
systemic fault.'
Incentive Mechanism
Darman also advocated another incentive mechanism that would levy civil
penalties on government personnel who authorize the expenditure of funds in
excess of certain levels. ' 'They become legally obligated not to spend, Darman
said, adding that such pressure would force negotiation between Congress and the
executive branch.
Also testifying July 10 in opposition to the HJRes 268 were former
Congressional Budget Office directors Alice M. Rivlin and Rudolph G. Penner,
Charles L. Schultze, former chairman of the Council of Economic Advisers, and
former OMB Director Roy L. Ash. They objected to an amendment as unnecessary and
unworkable.
Under HJRes 268, Congress and the president would have to agree on estimated
receipts for a fiscal year. Total outlays for that year could not exceed that
amount unless approved by three-fifths of each house of Congress. The same vote
would be needed to raise the public debt. Any bill that would increase revenue
also would have to be approved by a majority of each house by roll call vote.
Total receipts would include all receipts except those borrowed, while total
outlays would include all spending except for repayment of debt principal.
The federal government has not operated with a balanced budget since fiscal
1969. The federal deficit escalated from $2.8 billion in 1970 to a current
estimate of almost $3 trillion.
The issue of a balanced budget requirement has repeatedly emerged since the
1930s, with the most recent votes on a constitutional amendment occurring in
1982 and 1986.
LEXIS® NEXIS® ® LEXIS® R NEXIS ®
July 17, 1990
MEMORANDUM
TO:
CAROLYN CAWLEY
MARK LANGE
FROM:
CAROL BLYMIRE
SUBJECT: PHILADELPHIA GOP
The pre-advance to Philadelphia was quite a treat. They had
no information or talking points, therefore Bruce Stebbins will
get it to you today. Below, please find a list of names that must
be included in the acknowledgements or elsewhere in the speech.
See Bruce for further guidance:
-- Barbara Hafer: she's running for Governor and has no
chance in the world to win
-- Matty Ryan: House Minority Leader; it's important to make
him Speaker of the House
-- John Perzel: House Campaign Chairman; recruited a lot of
candidates
-- Bob Jubelirer: Senate President Pro Temp; we hold the
Senate by four seats, and we need to keep the Senate
-- Joe Rocks: local Senate candidate (Phila.), he is a top
target in the Senate race
-- Anne Anstein: Chairman of PA GOP
-- Elsie Hillman: National Committee of Women, and very good
friends with the President.
The President will speak before 400-500 attendees in the
Wyndham Ballroom at the Franklin Plaza Hotel Tickets sell for
$1,000 each, $10,000 for a table.
Enclosed also find a list of people with whom we met for
this lovely event. Your Philly contacts for this trip are:
-- Tom Druce
PA State GOP (717) 234-4901
-- Joe Waldholtz
Elsie Hellman's office (412) 471-8312
-- Rick Odorisio.
Dir. of Sales at the hotel (215) 448-2000
Tim Simonson will be with the Advance team for this, and
he's really good and really helpful.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
01. List
Contact Sheet for GOP fundraising lunch in Philadelphia,
07/16/90
(b)(7)(e), (b)(7)(f)
Pennsylvania. (1 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Speechwriting, White House Office of
Series:
Speech File, Backup
Subseries:
WHORM Cat.:
File Location:
Pennsylvania GOP Fundraiser 7/24/90
Date Closed:
10/20/2004
OA/ID Number:
08314
FOIA/SYS Case #:
Re-review Case #:
2004-2265-S
P-2/P-5 Review Case #:
MR Case #:
Appeal Case #:
MR Disposition:
Appeal Disposition:
Disposition Date:
Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advise between the President and
information [(b)(4) of the FOIA]
his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of personal
P-6 Release would constitute a clearly unwarranted invasion of personal
privacy [(b)(6) of the FOIA]
privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of gift.
(b)(8) Release would disclose information concerning the regulation of
financial institutions [(b)(8) of the FOIA]
PRM. Removed as a personal record misfile.
(b)(9) Release would disclose geological or geophysical information
concerning wells [(b)(9) of the FOIA]
City/State: Philadelphia, PA
Event: GOP Fundraising Lunche
the
Date: July 16, 1990
OFFICE OF PRESIDENTIAL ADVANCE
CONTACT SHEET
Name
Office
Phone Number
Presidential Advance Office
202/456-7565
Presidential Advance Fax Number
202/456-2820
Lucy muckerman
WH advance
202/456-7565
Tim SIMONSON
11
11
a
11
Brian D. Montgomery
WH Advance
202/456-7565
SPENCERGEISSINGER
WH ADVANCE
202/456-7565
JAY PARMER
WH ADVANCE
202/456-7565
Carol Blymire
WH Speechwriting
202/456- 7750
CRA'S RAY
WH Advance
202-106-7565
John Stufflebeem
WH MIL OFC
202-395-1747
(6)(7)(e),
6)(7)(f)
John Pastucric RNC
202-863-8710
Christi CAsteel
RNC
202-863-8710
Bruce Stebbins
WH Political Affairs
202-456-6510
Joe Waldholte
LLE - Hilman
412 471 0312
Joseph Carpenter
Pepublice_StateComm 215-344-6068
Charles Dexter
Repa Statem State Comittee(0) 917-234490/(8)70.393)1230
Tom Hughsted
Franklin Plaza Catering
215-448-2844
JIM HAMBY
WHITE HOUSE COMMUNICATIONS 202-395-2000
LARRY FEAST
White House Communications Agency
202-395-4040
Mike Gould
WH Military office
202-395-1747
CHuck wexcer
office of National Dry Cortal Policy
202 673 2532
KRIS GOODWIN
WH Advance
2021456-7565
July 16, 1990
MEMORANDUM
TO:
MARK LANGE
FROM:
CAROLYN CAWLEY
RE:
PENNSYLVANIA GOP FUNDRAISER
(( Per conversation with Tom Druce, Exec Dir of PA GOP ))
I. ISSUES TO COVER
A. Education (Statewide issue)
Governor Casey is trying to balance the budget on
the backs of property tax payers. He has
consistently cut funding to local school districts;
while commit. Fed.
(contrary
currently it stands at 39%, the lowest ever.
Thornburgh, the lowest it ever got was about 43%)
(Under lead)@ to about may
Druce is sending more info on this -- press clippings
etc. -- along with the names of specific schools
that will be hardest hit.
B.
MASS TRANSIT (Philadelphia issue)
funding for SEPTA (Philly's mass transit system)
is erratic and unstable. Governor Casey won't
discuss the issue and won't find a stable source; so,
every year, the system is practically broke. Casey
says Sam Skinner is responsible for SEPTA's woes
because he is "sitting on millions of dollars and
won't spend a nickel". Skinner made the point in
Pittsburgh recently, which was picked up by the
statewide media, that Casey has never once called
him to discuss funds for mass transit
-Barbara Hafer has proposed a 6 cent tax to give
SEPTA a continual and dedicated source of funding.
(( See Nexis articles ))
--The idea of a well funded and efficient mass transit
system is no-lose: less traffic, better for the
environment, etc
C. DRUGS (Statewide issue)
Pennsylvania has a very good anti-drug program. The
only issue is actually spending the money. The state
government must spend within 2 years; last year they
held over the money in the interest of keeping
spending down, but they are set to allocate it now.
D. STATE LEGISLATURE
THIS IS THE ISSUE THAT THE STATE GOP IS CONCENTRATING
ON. The profit from this fundraising luncheon will
go to State party coffers, and most of that will go
to State legislature races. They need to maintain
their majority in the Senate and gain it in the
House.
Republicans are the current majority in the State
Senate: 27-23. Though they have the majority, they
could lose it in this election.
Republicans are a few seats away from the majority in
the State House: 103-99.
Druce is sending the names of the incumbents to
re-elect and the first time runners to elect. The
three candidates to concentrate are:
O Joe Rocks (State Senator; party switcher I
mentioned in the first memo)
the candidate from York County
Mr. Wilt, candidate from Eerie.
E. Acknowledgements
--a quick sketch of who will be there. Definitives to
come at a later date.
Sen. John Heinz
Sen. Arlen Specter
GOP Gubernatorial Candidate Barbara Hafer
(currently state Auditor General)
Ernie Preate (( Pree-ayte ))
State Attorney General
Anne Anstine
State Party Chair
RNC Commiteewoman and Committeeman
Elsie Hillman
Herb Barness
Bob Jubelirer
President Pro Tem of State Senate
Matt Ryan
House Republican Leader
former Speaker when they had the majority; could
hold this position again if they win it back.
F. HUMOR
Druce suggested making a joke of Barbara Hafer
getting uptight about Mrs. Bush traveling with
Governor Casey and his wife on a literacy event
in the state. Hafer had been trying to get
Mrs. Bush to visit the state for the Republican
cause. "Well, Barbara, I know you'd been trying
to get Bar here
but you got me instead."
Something along these lines.
(took a
-clunderstood criticized Barbara tor coming
to PA w/ an answory character
July 13, 1990
MEMORANDUM
TO:
MARK LANGE
FROM:
CAROLYN CAWLEY
RE:
PA GOP EVENT
Pennsylvania GOP fundraising luncheon
Philadelphia, PA
July 24, 1990
Mood
-Republicans are definitely an embattled group in PA.
-Need to mention Barbara Hafer, the gubernatorial candidate.
She had serious trouble early on for name calling etc.
on her opponent. Also, when Mrs. Bush was in town
for a literacy event, she was accompanied by the
Democratic Governor and Hafer took shots at
Mrs. B. for this.
--Abortion is a particularly touchy issue in the state:
the current Democratic Governor is pro-life and the
Republican challenger is pro-choice.
The main emphasis for the State Party: maintaining the
majority in the State Senate and achieving a majority
in the State House (they are only a few seats away.)
Others to mention:
-perhaps mention Joe Rocks, a party switcher. He was a Democrat
in the State Senate; switched parties and ran for a city
seat, which he lost. He is now running for the State Senate
again, as a Republican.
-Elsie Hellman -- the PA RNC Committeewoman. She is close
friends with the Bushes; when she comes to D.C. she
stays here at the WH with them.
Herb Barness -- new PA RNC Committeeman.
Hest -New natil Committers.
Anne Anstine -- State Chair
Bof. Jubilier Son
bad
Borness
Matt Ryan Hz. Carca bader
John fuicell feed
Committee
CONTACTS FOR THE PENNSYLVANIA GOP FUNDRAISING LUNCHEON
Bruce Stebbins -- WH Political
( (In Chicago; reach through Signal) )
John Pistuovic -- RNC Political -- (717) 234-4901
Tom Druss -- Executive Director of State GOP and the luncheon
( (In Chicago; reach through Bruce Stebbins))
Next week: (717) 234-4901
SENT BY:Xerox Telecopier 7021 ; 7-16-90 :12:07PM ;
2028638657-
2024566218:# 1
Republican
National
Committee
Leo Atwater
Chairman
FACSIMELE TRANSMITTAL
DATE: 15 D,July 1990
TO: Caroline Cawley
COMPANY:
FAX NUMBER:
2021 456 - 6218
FROM: Alner MacGillivray
NUMBER OF PAGES
(including the cover sheet) 8
FAX NUMBER:
(202) 863-8657
Dwight D. Elsenhower Republican Center # 310 First Street Southeast e Washington, D.C. 20003 . (202) 863-8700
SENT BY:Xerox Telecopier 7021 ; 7-16-90 :12:07PM ;
2028638657-
2024566218;# 2
PENNSYLVANIA
POLITICAL BRIEFING
Political Update
THE PRESIDENT will be in Philadelphia on July 24 for a State Party
Fundraiser.
GOVERNOR SUNUNU was in Allegheny County for a meet and great
for Allegheny County major donors on June 19.
The VICE PRESIDENT was in Pennsylvania on June 5th for the State
Senate. He also attended a rally of welcome from the State Party which
featured gubernatorial candidate BARBARA HAFER.
MRS. BUSH was in Philadelphia May 14 to speak to the University of
Pennsylvania graduation. She also did photo ops with Senate and House
candidates.
BILL BENNETT was in Harrisburg June 20 to address the State
Legislature. The Republican Leadership and the Hafer campaign were
angry because BENNETT would be accompanied by Governor Casey.
Abortion is playing a major role in the 1990 campaigns in Pennsylvania;
it is affected nearly every candidate in the primary election. Often
times, the roles are being reversed where Democrats favor restrictions on
abortion and many Republicans oppose restrictions.
The Pennsylvania primary election was held on May 15 with
gubernatorial candidate BARBARA HAFER narrowly defeating Pro-life
candidate Peggy Luksik 54.3% to:45.7%.
In other races, Democratic Governor Robert Casey defeated Pro-choice
candidate Philip Berg 77% to 23%. Casey is Pro-life and Berg is Pro-
choice. Pro-life Lt. Governor Mark Singel defeated Edward Mezvinsky,
a Pro-choice candidate 71% to 29%.
DREW LEWIS resigned as National Committeeman in late May. His
successor, HERB BARNESS was appointed by ANN ANSTINE.
BARBARA HAFER's running mate is State Representative
HAROLD F. MOWERY, JR..
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EARL BAKER announced to the press in late September that he would
resign his position as State Party Chairman in February of 1990. The
new Chairman is ANN ANSTINE.
Republican incumbent Philadelphia District Attorney RON
CASTILLE won re-election to that post defeating Democrat
challenger Walter Phillips 56% to 44% on November 7th.
The RNC contributed $5000 to the CASTILLE FOR DISTRICT
ATTORNEY Campaign.
CASTILLE is often mentioned as a potential candidate for Mayor of
Philly against Wilson Goode in 1992.
Republican KEN SMITH won the Bethlehem Mayoral race
defeating Democrat Paul Marcincin 64% to 36% on November 7th.
*
Republican STATE SENATOR JOSEPH ROCKS was defeated by
Democrat John Saidel by a slim margin in the race for Philadelphia City
Comptroller.
Republican ANITA BRODY was defeated by Democrat Ralph Cappy
56% to 44% in the race for Pennsylvania Supreme Court.
Despite a recount, Republican JACK BRADT was narrowly defeated by
Democrat Jerry Seyfried in the North Hampton County Executive race -
49.5% to 50.5%.
A new group, Pennsylvanians for Justice and Freedom of Choice, has
been formed to target leaders like Steve Freind and other anti-abortion
legislators. They plan on raising hundreds of dollars to defeat selected
anti-abortion lawmakers.
State Party/Caucus activities
a.
State Party goals and plans -
*
The State Party's priority is to coordinate activities with the HAFER
campaign, the Senate Caucus Campaign Committee, and the House
Caucus Campaign Committee to most effectively utilize their resources.
The Republican State Party intends to begin a large-scale voter
registration program targeted at new movers, new residents and BUSH
'88 voters. The GOP will also be involved in a series of workshops with
regard to Political Education -- campaign planning workshops and
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campaign college seminars will also be a part of these workshops.
The Republicans will conduct surveys to assist local candidates and
county party organizations in an effort to assist State Legislative
candidates - seats will be targeted in this effort. They will update voter
files and develop a political communications program which will
enhance communications between the GOP and its membership.
The Republican Party's needs include assistance in 1990 planning,
strategy, and research as well as financial assistance for Legislative races
and planning for the Governor's race -- Political Education support,
various programs such as voter registration projects, and special
elections, voter file update, polling, communications and fundraising
activities.
The State convention was held. The State Committee passed a resolution
supporting a constitutional amendment to protect the flag.
b.
Party Budget --
As of January 1st, the State Party had approximately $48,000 in its State
account and approximately $1275.00 in its Federal account. The State
Party is generally in good financial shape. The State Party has brought
in an outside consultant to re-evaluate their fundraising programs.
C. Candidate Recruitment --
The Pennsylvania State Senate is targeted by the RNC -- Republicans only hold the
State Senate by a 2-seat margin. The State Assembly is also a major focus for the
RNC.
Political Profile
1989 races:
District Attorney race --
Republican Incumbent Philadelphia District Attorney RON CASTILLE won re-
election to that post defeating Democrat challenger Walter Phillips 56% to 44% on
November 7th. The RNC contributed $5000 to the CASTILLE FOR DISTRICT
ATTORNEY Campaign,
CASTILLE is often mentioned as a potential candidate for Mayor of Philly against
Wilson Goode in 1992.
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Bethlehem Mayoral race --
Republican KEN SMITH won the Bethlehem Mayoral race defeating Democrat Paul
Marcincin 64% to 36% on November 7th.
Philadelphia City Comptroller race --
Republican STATE SENATOR JOSEPH ROCKS was defeated by Democrat John
Saidel by a slim margin in the race for Philadelphia City Comptroller.
Pennsylvania Supreme Court --
Republican ANITA BRODY was defeated by Democrat Ralph Cappy 56% to 44% in
the race for Pennsylvania Supreme Court.
North Hampton County Executive race --
Despite a recount, Republican JACK BRADT "was narrowly defeated by Democrat
Jerry Seyfried in the North Hampton County Executive race - 49.5% to 50.5%.
Legislative Special Election -
In 1989, there was a Special Election on May 16th for a State House seat in Armstrong
County. The late Democrat Henry Livengood held the seat for more than a decade.
The Hampton Democrats outnumber the Republicans in Pennyslvania-60.
The Republican candidate, JIM SCAHILL, who has been a Coal Lobbyist for 10
years, lost to Democrat candidate Tim Pasci, who has been the Armstrong County
Comptroller for 14 years.
On the May 15 primary date, there was a special election in the 166th House District.
Steven Freind defeated
1990 races:
Governor's race --
The Republican candidate is BARBARA HAFER. HAFER has been getting a lot of
negative press ranging from calling Governor Casey a "redneck Irishman" to criticizing
MRS. BUSH for being in Harrisburg with Governor Casey to show support for the
National Literacy Conference. PEGGY LUKSIC, a pro-life democrat switched
all
get behind of our
and announced her candidacy for Governor in the Republican primary.
More recently, HAFER's press has improved by sticking to the issues.
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Democrat Governor Robert Casey, who is very well-liked in the State, announced his
intention to seek re-election in 1990. Governor Casey is pushing a tax reform package
(tax increase) which was defeated when May 16th voters rejected it.
Lt. Governor
Democrat and current Lt. Governor Mark Singel defeated Edward Mezvinsky in the
primary election on May 15.
Democrat Edward Mezvinsky ran his campaign for Lt. Governor solely on the position
that women have a right to abortion. He opened his campaign on May 3rd, only 12
days before the Pennsylvania primary. He was endorsed by the National Abortion
Rights Action League.
Democrat and current Lt. Governor Mark S. Singel claimed that abortion would play a
key role in the primary election, but that the issue is irrelevant since the Lt. Governor
cannot introduce not vote on the legislation. Mr. Singel spent $400,000 on his
campaign.
Congressional races
(8) Republicans are targeting Congressional District 8. The Democrat incumbent is
Peter Kostmayer. Republican AUDRIE SCHALLER, who served in the Reagan
Administration is running for the seat.
(18) RICK SANTORUM is challenging Democratic incumbent Doug Walgren. This
seat is in suburban Pittsburg and is a target of the NRCC.
Legislative races
Because the GOP controls the State Senate by only a 2-seat margin, Republicans plan to
target the Upper Chamber of the Legislature in an attempt to protect it or possibly
increase its advantage. The Democrats control the House with a 5-seat margin.
Legislative Special Election -- State Senate
Legilative Task Force Involvement
The Pennsylvania Senate is a top priority for the RNC's Legislative Task Force in the
lash
1990 elections. Republicans control the chamber by narrow two seat margin (27
Republicans to 23 Democrats). One half of the 50 Senate seats are up for election this
year. The campaign effort is being spearheaded by Senate President Pro Tempore Bob
Jubelier, who expects a tough fight from the Democrats for control of the chamber.
The Democratic National Committee's Project 500 and the state Democrat Party have
targeted the Pennsylvania Senate. Sensing vulnerablility, Jubelier recruited quality
believe in
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candidates and set an aggressive fun raising goal of $1.5 million for the Senate
Republican Campaign Committee. The RNC is assisting the HRCC primarily in the
areas of survey research and fundraising.
The RNC has also designated the Pennsylvania House as a top priority. Democrats
control the chamber by a margin of 103 - 99, with one vacancy. The 1990 effort is the
most aggressive atttempt the Republicans have made to recapture this chamber since
losing control in 1982. House Republican Campaign Chairman John Perzel and ED
DOn Raymond are primarily responsible for this well coordinated campaign. The
committee has been successful in candidate recruitment on targeted districts, and is
a within majority
continuing to raise money to fulfill their $2.5 million goal. To date, they have raised
three times as much money as their Democrat counterparts. The RNC has provided
staff support, survey research, political education, and voter programs for targeted
races around the state.
Major Speakers Bureau Activity in the State
(speakers from April 1990 to present)
ROBERT MOSBACHER - Pittsburg; Chemical Bay Dinner; 4/11/90
CLAYTON YEUTTER - Harrisburg; Farmers Association Fundraiser; 4/17/90
MANUEL LUJAN - Philadelphia; Official Business; 4/30/90
5/9/90 CHARLES HESS - University Park; Rock Springs Agricultural Research Center;
JACK KEMP - Lancaster; Water Street Rescue Mission Annual Banquet; 5/15/90
SAM SKINNER - Pittsburg; PA GOP Lincoln Day Dinner; 5/16/90
ROBERT GENTILE - Pittsburg; Appalacian Energy Group Seminar; 5/17/90
NICHOLAS BRADY - Philadelphia; Official Business; 5/20/90
VICE PRESIDENT QUAYLE - Fundraiser for State Senate, Welcome rally at
airport; 6/5/90
WILLIAM REILLY 6/15/90 - Philadelphia; Public Interest Research Group Town Meeting;
BILL BENNETT - Harrisburg; Address the State Assembly; 6/20/90
SAM SKINNER - Philadelphia; Speech for Chamber of Commerce; 6/22/90
GOVERNOR SUNUNU - Allegheny County; Allegheny County GOP meet & greet
for major donors; 6/19/90
CHARLES HESS - Hershey; Speaker Lincoln Fellowship of PA, Commemorating the
Gettysburg Address; 8/1/90
JACK KEMP - Gettysburg; Speaker - Lincoln Fellowship of PA, Commemorating the
Gettysburg Address; 11/19/90
Redistricting/Reapportionment
Pennsylvania is currently expected to lose 2-3 Congressional Districts. A Commission
comprising of a representative of each party (each majority and minority) plus one
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neutral person, develops the legislative map. The plan created by this commission will
become law without going to the floor of either House or the Legislature for approval.
A Commission is formed, which is comprised of the Majority and Minority Leaders of
both branches of the Legislature. The Commission must convene no later than 60 days
following the official certification by the chief officer of each respective body. The
eight must select a ninth member to Chair the Commission. The ninth member cannot
be a compensated State Official. If they fail to select a ninth member, the duty falls to
the State Supreme Court. The Commission then has 90 days to draft a plan. The
Commission has another 30 days where it awaits public reaction. The Commission has
another 30 days to respond to any changes filed by the public. After final changes, the
Commission's pton plan has the effect of law within 30 days.
The Congressional plan is drawn by the Legislature and subject to the veto of the
Governor. A 2/3 vote is needed to override the Governor's veto.
Redistricting. The House and Senate Caucuses are collecting data and formulating their plans for
Date:
15, July 1990
RPD:
Jill Hanson
DRPD:
John Pastuovic
RFC:
Adrien MacGillivray
JUL 16 '90 16:02 REPUBLICAN ST. COMMITTEE OF PA.
P.1
STATE COMMITTEE
OF PENNSYLYANIA REPUBLICAN
Republican State Committee of Pennsylvania
112 State Street
Harrisburg, Pennsylvania 17105
(717) 234 - 4901
Fax (717) 231 - 3828
Date:
7/16
Time:
To:
CAROLYN CAWLEY
Department: The white HOUSE
Telecopier Number:
202/456-6218
Number of pages including cover sheet:
8
Message:
CAROLYN - Im still gathering info ON
Education and SEPTA (with Local Examples)
Sent From:
Name: DRUCE
Department:
Telecopier Number:
If all pages are not received, please call (717) 234 - 4901
JUL 16 '90 16:02 REPUBLICAN ST. COMMITTEE OF PA.
JOHN M. PERZEL
7330 FRANKFORD AVENUE
REPUBLICAN POLICY CHAIRMAN
PHILADELPHIA, PENNSYLVANIA 19136
PHONE: (215) 331-2600
HOUSE P.O. BOX 164
MAIN CAPITOL BUILDING
HARRISBURG, PENNSYLVANIA 17120-0028
PHONE: (717) 787-2016
HOUSE OF REPRESENTATIVES
COMMONWEALTH OF PENNSYLVANIA
HARRISBURG
Dear Neighbor:
Recently, you may have been made aware of the current budget
negotiations taking place here in Harrisburg between the governor's office
and the legislature. Attached is an analysis which clearly details the
significant difference of opinion that has developed between the Democrats
and Republicans on Pennsylvania's budgetary status. I hope you find the
analysis informative.
As you may know, the Democrats, led by Governor Casey, claim that
Pennsylvania's budget is in balance and even has a surplus. Yet, as the
enclosed analysis clearly details, Pennsylvania is facing a budgetary
crisis of Massachusetts proportions.
Just as Mike Dukakis denied his state's pending one billion dollar
revenue shortfall during the 1988 presidential campaign, Governor Casey is
attempting to mask the Commonwealth's current one billion dollar fiscal
nightmare.
How can Casey continue to hide all of this red ink? He can'till
All he can do is delay the inevitable until after the November general
election. Then, after a performance worthy of an Academy Award, we will
all be told that a fiscal crisis is "suddenly" upon us and, therefore,
taxes will have to be raised.
As you will note in the attached analysis, Governor Casey's "spending
proposal" is filled with budgetary gimmicks, inflated revenue projections,
and a large amount of deception. I believe that Governor Casey's attitude
toward this dilemma is in the public's worst interest, especially
considering the consequence of his inaction - higher taxes for us all.
Certain people may contend that we are exposing this issue because of
"politics." I submit to these individuals that we are merely attempting to
draw to the public's attention the huge fiscal crisis currently facing
Pennsylvania. Indeed, it is our hope that Governor Casey acknowledges this
concern and sits down today with the House and Senate in an effort to work
toward the common goal of a fiscally sound Commonwealth.
Please take the time to read the attached analysis. If I can provide
you with additional information on this or any other concern, feel free to
contact me.
Sincerely,
John M. Perzel Pariel
JUL 16 '90 16:03 REPUBLICAN ST. COMMITTEE OF PA.
P.3
INTRODUCTION
During his February 6, 1990 budget address to the General Assembly, Governor
Casey stated that "Pennsylvania is in sound fiscal shape." He further
stated that "not many states can say that this year, especially those in the
northeast. They're running deficits, raising taxes, slashing programs or all
of the above."
However, despite the Governor's statements, Pennsylvania is one of the
northeastern states in fiscal disarray. Last year, the Commonwealth enjoyed &
budget surplus of $385 million. However, a deficit in excess of $100 million
in the current fiscal year can likely be expected. The projected $100 million
budget deficit is even considered conservative in some quarters.
Even though the Governor presented a balanced budget to the General Assembly
on February 6, it was achieved through budgetary gimmicks, and in the hope
that tax collections would increase to their previous estimated levels. The
objective of this analysis is to examine the "hidden deficit" in the Casey
budget. This objective will be achieved by examining the funding strategies
or lack thereof employed by the Casey Administration.
The Governor stated in his budget address that, in part, our budget 1s
balanced because the Commonwealth is "spending within its means." One does
not have to search very far to find out that this is simply not true.
GOVERNMENT EXPENDITURES
Pennsylvania Economic Revitalization Fund
Instead of funding the Pennsylvania Economic Revitalization Fund (PERF) via
General Fund revenues, the Governor proposes that the Commonwealth issue a $94
million bond to fund the programs. No matter what the Administration labels
this action, funding economic development programs through a bond issue must
be considered deficit financing. Contrary to the Governor's statement in his
budget address, the Commonwealth is not spending within its means.
Since PERF was established as a permanent economic development fund in the
1988-1989 budget, the $94 million bond issue represents a "quick fix" to the
problem. The question must be asked as to how the Governor proposes to fund
future PERF programs. According to the Governor's 1990-1991 budget, the
Administration plans to switch PERF funding back to General Fund revenues in
1991 and each fiscal year thereafter. If the Governor can only afford to
transfer $8.5 million from the General Fund to PERF in the 1990-1991 budget
and fund the rest of the program through a $94 million bond issue, where will
the Governor obtain the $122 million he plans to transfer from the General
Fund to PERF in the 1991-1992 fiscal year?
JUL 16 '90 16:03 REPUBLICAN ST. COMMITTEE OF PA.
P.4
2
State Workmen's Insurance Fund
Over the last two fiscal years, the Governor has insisted that the General
Assembly transfer funds from the reserve account of the State Workmen's
Insurance Fund to fund various unrelated state programs. The State Workmen's
Insurance Fund (SWIF) was originally intended to provide an alternative means
for Pennsylvania companies to meet the requirement of carrying workmen's
compensation insurance on their employees.
In the 1990-1991 proposed budget, the Governor proposes the following
transfers from the SWIF Fund:
$10 million to the Sunny Day Fund
--$25 million to the Tax Stabilization Fund
-$127 million to the General Fund
It should be noted that, before the Governor began transferring funds from
SWIF, funding for both the Sunny Day Fund and the Tax Stabilization Fund was
provided by the General Fund. In essence, the SWIF Fund is subsidizing the
General Fund. This is just another example of the Governor juggling funds in
an attempt to balance his budget, at least on the surface. Once again, the
question must be asked as to what the Governor will do next year when $162
million from the SWIF Fund will not be available.
Pennsylvania Industrial Development Authority
The Governor also fails to provide funding for the Pennaylvania Industrial
Development Authority (PIDA) within the Economic Development Partnership
Program. PIDA funds were traditionally used to make loans to local industrial
development agencies to stimulate economic activity in areas of high
unemployment. In the 1989-1990 budget, $12.5 million was appropriated to the
PIDA Fund. The Governor does not appropriate one dollar to the fund in his
proposed 1990-1991 budget.
The Governor was also quick to point out in his budget address that his
1990-1991 budget does not contain a tax increase. He failed to mention,
however, that he does propose to increase various state fees in the amount of
$12 million.
Camp Hill Prison Riots
Another area of the budget which contains questionable financing on the part
of the Governor is the clean-up and reconstruction of the Camp Hill Prison in
the aftermath of the October riots. Not only did the Governor fail to
mention the worst debacle of his Administration in the budget address, he
declined to mention how he was going to pay for it. According to the
Assistant Superintendent of the Camp Hill Prison, the cost of the Camp Hill
Prison riot has exceeded $56 million as of March 8, 1990.
JUL 16 '90 16:04 REPUBLICAN ST. COMMITTEE OF PA.
P.5
3
The following is 8 breakdown of the expenditures:
$14 million in damages to 14 of the 31 buildings
$15 million to rebuild the damaged and destroyed buildings
$9.24 million (as of March 8) to house 900 inmates in federal prisons
over the past six months
$12 million (as of March 8) to pay over-time to State Police and prison
staff for the last five months
$6 million in clean-up, medical and other costs
There are a couple of points which should be mentioned in regard to the prison
costs. First, four months prior to the riots, the Commonwealth purchased a
new insurance policy to cover damage of $1 million or more to any state
building. The policy covers up to $100 million per claim. Therefore, it
appears that the state will not have to pay anything with regard to the
damaged buildings at Camp Hill. However, this is not to say that the state
won't pay a large increase in its insurance premiums for the foreseeable
future.
The Governor also fails to provide any reimbursement dollars to the State
Police for their expenses incurred as a result of the Camp Hill Prison Riot.
As mentioned above, the cost incurred by the State Police to date has reached
$12 million. Approximately 51 State Troopers are still working 12-hour shifts
at the heavily damaged facility. Consequently, the figure of $12 million is
going to 80 substantially higher, since the cost of over-time, lodging and
meals for these officers must be computed from October 25, 1989, to the
present.
As mentioned previously, it has presently cost the state over $9 million to
house Camp Hill prisoners in federal prisons. The Commonwealth is reimbursing
the federal government at a rate of $51 per day per prisoner. It is costing
the Commonwealth approximately $320,000 per week for each week the Camp Hill
prisoners remain in federal prisons.
In the Governor's proposed 1990-1991 budget, only $13.8 million is allocated
to the Department of Corrections for nonrecurring costs as a result of the
riots. Even if the reconstruction cost of the buildings is covered by an
insurance policy, the cost to date of housing prisoners in federal prisons,
for clean-up and medical expenses exceeds $15 million. If the $12 million in
expenses from State Police are added, the Governor has failed to pay for over
$13 million in bills resulting from the riots.
Catastrophic Loss Trust Fund
Another area of the Governor's budget which masks a "hidden deficit" is the
Catastrophic Loss Trust Fund. The CAT Fund was established by Act 11 of 1984.
The purpose of the fund was to pay medical and rehabilitative expenses in
excess of $100,000 to residents of Pennsylvania injured in motor vehicle
accidents. The CAT Fund was repealed by Act 144 of 1988, but all existing
statme RTP required to be paid.
JUL 16 '90 16:04 REPUBLICAN ST. COMMITTEE OF PA.
P.6
4
At the present time, there are about 1,300 seriously injured accident victims
who are dependent upon the CAT Fund to pay their medical bills. The Insurance
Commissioner, Constance Foster, recently disclosed at a budget hearing that
the fund is on the verge of a deficit.
In regard to this issue, the Governor projected in his 1989-1990 budget that
total disbursements from the CAT Fund for medical claims would not exceed
$32.7 million. The available figures for the 1989-1990 fiscal year now show
that total disbursements from the CAT Fund actually exceeded $69 million. The
Governor underestimated his projection by almost $37 million.
Moreover, in the Governor's current budget proposal, he makes another
questionable estimate on CAT Fund disbursements. The Governor projects that
only $30.7 million in disbursements will be made from the CAT Fund in the
1990-1991 fiscal year. The $30.7 million projection 18 $39 million less than
the fund disbursed in the prior year. Considering that the CAT Fund, in
February 1990 alone, paid out $11 million in disbursements, one would have to
surmise that the Governor's projection of $30 million for the entire 1990-1991
fiscal year is faulty.
Education
Perhaps the area of the budget which best reflects the Governor's budgetary
juggling act is education. For starters, the Governor proposes that teachers'
starting salaries be increased from $18,500 to $21,000 effective July 1, 1990.
The problem with this proposal is that the Governor doesn't want to pay for
it, at least not in this fiscal year. The Governor also proposes to reimburse
school districts for the cost of the salary increase in the 1991-1992 fiscal
year. Until that time, however, many local school districts will be forced to
raise property taxes to cover the cost of this salary increase. Even though
the Governor's budget proposal does not contain a tax increase, his policies
are placing an increased financial burden on local governments who will need
to implement tax increases to pay for them.
Another example of the Governor passing off the cost of education to local
governments is the Instructional Support Team (IST) Program. The IST Program
is essentially a prescreening device which requires school districts to
evaluate elementary students, and provide them with additional regular and
special education services prior to placement in a special education program.
Recently, the staff of the House Education Committee estimated the cumulative
cost of the IST Program to exceed $229 million for the first five years, based
on data provided by the Administration. The cost of the IST Program will not
be paid in the current fiscal year by the Governor, but over the next two
years. Even the first-year training costs of $5 million will not be paid in
the current year. Once again, the Governor is placing a heavy financial
burden on the shoulders of local school districts.
JUL 16 '90 16:05 REPUBLICAN ST. COMMITTEE OF PA.
-P.7
5
Up until this point, this analysis has focused on the expenditure side of the
Governor's budget proposal. As this analysis has pointed out, the Governor's
so-called "balanced budget" was achieved, in large part, by underestimating
program costs (CAT Fund), passing on costs to local government (education),
transferring funds from previously "untouchable" accounts (SWIF), and simply
through deficit spending (PERF).
The Governor may be able to mask this "hidden budget deficit" through
budgetary posturing, but if Commonwealth revenues do not generate what the
Governor anticipated, the budget deficit will be out in the open for all to
see. It is important to note that, as of February, 1990, there is a shortfall
in revenue collections for the current fiscal year in the amount of $119.5
million. Revenues through February are 1.8% below the Governor's official
estimate. In April of last fiscal year, the Commonwealth was running a
surplus of $90.5 million, or 1.3% above the Governor's official estimate at
the time. In little more than one year's time, there has been a 3.1% negative
shift in Commonwealth revenues. If there is not a significant increase in
revenue collections within the next few months, the Commonwealth will be
facing its first budget deficit in a number of years. It should also be noted
that, if the Governor did not engage in the questionable financing tactics
illustrated above, the budget deficit would be much higher.
Furthermore, the projected $100 million budget deficit for the current fiscal
year could seem small if only one or two of a number of pending court cases
are decided against the state. One case, in particular, holds important
significance due to the fact that the state has already lost the decision.
On December 7, 1987, the Supreme Court of Pennsylvania ruled in County of
Allegheny V. Commonwealth of Pennsylvania that the current funding mechanism
of the Pennsylvania court system violated the State Constitution. Article 5,
Section 1 of the Pennsylvania Constitution provides that "The judicial power
of the Commonwealth shall be vested in & unified judicial system." Since
funding for the Commonwealth's judicial system comes from both state and local
dollars, the court ruled that the present system is not unified, as provided
in the Constitution.
The court further provided that "the mandate for a unified judicial system
requires the state to provide for the funding of that system." The court
stayed its judgment to afford the Commonwealth an opportunity to enact an
alternative funding system.
The Secretary of the Budget estimated that the state would need an additional
$363 million in fiscal year 1991 to fund a unified court system. More than
half of the Governor's term has elapsed and he has yet to put forth an
alternative funding mechanism plan. No doubt, the $363 million price tag has
deterred the Governor's efforts.
JUL 16 '90 16:06 REPUBLICAN ST. COMMITTEE OF PA
P.8
6
Since the Governor has ignored the court funding problem over the last couple
of years, the Pennsylvania judicial system has deteriorated. Two studies
which have recently been released concluded that the Philadelphia judicial
system is among the most mismanaged in the entire country. There were two
notable deficiencies listed in the report about the Philadelphia judicial
system. First, it takes a court case twice as long to be tried in a
Philadelphia court than if the case were tried in another major city across
the country. For example, standards employed by the National Conference of
State Trial Judges require that a criminal case be tried within 120 days of
the time charges are filed. In Philadelphia, it takes an average of 243 days
to try criminal cases. The report also stated that the Philadelphia judicial
system is one of the most expensive to operate in the country. Not only has
the Governor failed to take responsibility for funding the entire court
system, he has let the system, especially the Philadelphia system, deteriorate
to one of the most mismanaged and poorly run in the country.
If you consider the $363 million in unpaid court costs, the $94 million PERF
bond, the $162 million SWIF transfer, the $12 million in unfunded state Police
expenses, the unfunded PIDA program, the underestimation of CAT Fund expenses,
not to mention the educational costs being passed on to local school
districts, the Governor 1s actually facing a deficit upwards of $700 million.
Once again, this figure could be made higher if just one of the pending court
cases goes against the Commonwealth.
The time has come for the Governor to recognize the fiscal dilemma facing the
Commonwealth. The Governor can only mask the deficit temporarily. Since the
taxpayers of this Commonwealth will ultimately have to pay for this deficit,
the Governor should at least take responsibility and make them aware of the
fiscal crisis now facing the Commonwealth.
From: The Public Speakers Treasure chest ed. Merbert V. Prochrow
E PUBLIC SPEAKER'S TREASURE CHEST
INTERESTING LIVES AND INTERESTING FACTS
329
tacts will not make the same kind of bond that sorrow lived through
ic servants, paid by the people to serve
together will create.-Eleanor Roosevelt
S of America are owned by more than
2188 Benjamin Franklin
ugh some of their leaders act that way.
Famous was the toast given by Benjamin Franklin when he was dining,
rica. By doing without things, by self-
as the American emissary, with the English Ambassador and the French
ted stores, bought government bonds,
Minister at Versailles. The story was first published in 1797.
dustry-money which buys machines
"George the Third," proposed the British Ambassador, "who, like
their savings earn is taken away from
the sun in its meridian, spreads a luster throughout and enlightens the
world."
n their character never to waste, they
ere would be no new capital to create
"The illustrious Louis the Sixteenth," proposed the French Minister,
make better jobs, no profitable enter-
"who, like the moon, sheds his mild and benignant rays on and influ-
ences the globe."
rica going.
p America alive. Let's be sure the laws
"George Washington," thereupon proposed witty Benjamin Frank-
lin, "commander of the American armies, who, like Joshua of old, com-
& Swasey, Cleveland
manded the sun and the moon to stand still, and they obeyed him."
rury Lane Theatre together watching
2189 Webster and Crockett
aid to Johnson, "Garrick is not himself
After hearing Daniel Webster speak, Davy Crockett said to him: "I had
ied, "No."
heard that you were a very great man, but I don't think so. I heard your
ced to act superbly, and Boswell re-
speech and understood every word you said."
has changed and changed for the bet-
"and did you notice at what point he
2190 Mark Twain
e when Edmund Burke came into the
Mark Twain, as Samuel Langhorne Clemens (1835-1910) chose to call
himself, was known to be eccentric-Mrs. Clemens called him "care-
less"-in his dress. As many a man did before him, and many another
has done since, Mark Twain went calling one day without his necktie.
volume at eighteen.
when he rolled back the Asiatic hordes
He had been visiting Harriet Beecher Stowe, of "Uncle Tom" fame, and
uropean civilization almost at its birth.
be was not aware of his lack of haberdashery until Mrs. Clemens called
attention to it on his return.
y at twenty-five.
ed at thirty-seven after writing their
A little later Mrs. Stowe answered her door to find a messenger, who
gave her a small package. Opening it, she found a black silk necktie
rtals.
Inside and a brief note:
atest discoveries before he was twenty-
"Here is a necktie. Take it out and look at it. I think I stayed half an
ever equaled Chatterton at twenty-one
hour this morning without this necktie. At the end of that time, will you
at fifteen. Many of the world's greatment
kindly return it, as it is the only one I have. Mark Twain."
3191 Rudyard Kipling
When the report went around that Rudyard Kipling was getting a shill-
S and sorrow with another human best
ing # word for his writings, some Oxford students sent him a shilling,
ems able to break. People can be beart
accompanied by this message:
contacts very pleasantly, but such
"Please send us one of your words."
(Lange/Cawley)
July 18, 1990
8:500 A.M.
[PHILAGOP.DOC]
PRESIDENTIAL REMARKS: PHILADELPHIA G.O.P.
FRANKLIN PLAZA HOTEL
TUESDAY, JULY 24, 1990
[time]
Thank you. Senators John Heinz and Arlen Specter
Republican National Committeewoman and my close friend, Elsie
Hillman
Herb Barness, your new Committeeman, and Anne
Anstine, State Chair
[[ It's nice to get out of Washington for a while. You know,
that town was built on a swamp. Climate gets pretty hostile.
So hostile, in fact, they say the tide went out and refused to
come back //
Which reminds me of a story about a hostile tribe of
cannibals, whose chief pays the warriors a certain number of
goats for whoever they manage to catch. One day the tribe's best
warrior brings in an archeologist, an explorer, and a Democratic
Senator.
The chief says "I'll give you 15 goats for the explorer
20 goats for the archaeologist
and, well
Okay -- one goat
for that Democratic Senator."
"One goat!?" says the warrior. "Why so little?"
And the cannibal chief says, "I'll tell you. You ever try
to clean one of those things?" // ]]
Well, it's a pleasure to be here. And it's easy to
understand why the Republican party held its very first national
convention here in Philadelphia -- and why this was the first
2
nation's capital. Because for three centuries now, Philadelphia
has shown the world the true meaning and measure of freedom.
Here, William Penn founded a colony -- considered an
unusual, even impossible experiment then -- where people of
diverse ethnic and religious backgrounds could live peacefully
together, free to work and worship as they chose.
Here, less than a mile from where I stand, the Declaration
of Independence and the American Constitution were signed.
Documents the free world has always admired -- bearing ideals
that now inspire people newly-free, from Gdansk to Managua.
And here, leaders committed to the abolition of slavery did
their work. Immigrants of every description were encouraged to
begin new lives. The Sullivan principles for South Africa were
drafted.
In fact, this city's status as a focal point of freedom --
a center of intellectual, economic, and humanitarian development
-- has been secured by three centuries of revolutionary ideas.
Today, in this room, the revolution continues -- carried on
by those who believe in limited government, and the
accountability of leaders.
There is room in the Republican Party for differences on
some issues -- but on principles, we stand united. Because there
is work to be done. And we Republicans know what works.
We believe that power has only one purpose: to help people.
We believe that America transcends adversity, and finds her
greatest strength, in diversity.
3
We're working for a revolution of limited government -- but
unlimited empowerment. Quiet strength. Tolerance. Faith.
And freedom.
A Republican revolution. //
The other party has taken too much for granted, for too
long. It seems to believe voters will have infinite patience for
the failed, tax-and-spend policies of the past -- and that
they'll have the wallet for unlimited spending sprees.
Down in Washington, in the "House the Democrats Built," four
of the seven appropriations bills reported out of Committee have
already busted our 1991 budget.
In fact, a couple of weeks ago a Democrat in Congress -- who
was talking about compassion for the poor and disadvantaged in
this anniversary month of American independence -- referred to
another budget-busting appropriation as "America's Bill."
While he went on, members of the Committee -- true story --
started humming "The Battle Hymn of the Republic" -- and then
broke into a verse of "Glory, Glory, Hallelujah" that dissolved
into laughter.
Well, as long as tax-and-spend Democrats control Congress,
the joke is on the American people. There will be no glory until
the Congress shows some guts -- and stops spending money it
doesn't have and didn't earn.
There's nothing patriotic or compassionate about building
ever-larger, centralized bureaucracies -- and adding to the
deficit to pay for them.
4
Right now, we're trying to work out a budget agreement. I
told the Congress, and the American people, that I was willing to
put everything on the table to keep those budget talks going.
But in the six-point strategy I offered to jump-start the budget
negotiations, what got the Democrat's attention was the tax
revenue issue.
They're still looking for new ways to spend the people's
money -- and new ways to get more of it. Still measuring success
by dollars spent and bureaucracies built. Still asking, "How
much" instead of "How well.
Let me give you an example. Back in February, I requested
$800 million in dire emergency funds for immediate assistance to
the new governments of Nicaragua and Panama. These fragile
democracies needed American help after being bankrupted by
totalitarian regimes.
Well, it took Congress three long months to act. When the
bill finally came back, it had doubled in cost -- not with
emergency aid, but with over one billion dollars of new,
unrequested domestic spending. For three months, the hard-won,
fragile freedom of the brave people of Nicaragua and Panama
swayed in the balance while Congress calculated how long it could
hold the bill hostage -- and how much pork it could load on.
That wild spending habit seems to affect everything the
Democrats do.
Our Excellence in Education Act -- tripled with unnecessary,
unrelated and expensive additions.
5
Our Crime Bill -- made more costly, and less effective.
And our child care legislation -- tripled in cost, to take
choice out of the hands of parents, pile more red tape on
providers, and build larger, federally-controlled day-care
centers to warehouse kids.
You know, the average American, in an eight-hour workday,
works nearly three hours to pay their tax bill. Every day --
three hours, from nine A.M. to noon. [[ Thinking about that
literally ruins your whole morning
]] And with every tax
increase since World War II, the Congress has spent $1.58 for
every new dollar in revenue.
Remember that little old lady who used to run around
yelling, "Where's the Beef?" Well, we need legislators willing
to ask, "Where's the Pork!"
And here in Pennsylvania, we need Republican leadership that
understands the value of limited government -- and the power of
the people themselves.
You've already got two outstanding U.S. Senators in John
Heinz and Arlen Specter. Now, Pennsylvania needs a Republican
Governor. For education reform -- for mass transit and better
highways -- for better government, that never would have allowed
a 350 million dollar surplus inherited from Dick Thornburgh's
administration to be spent into a one billion dollar deficit by
June of next year -- Pennsylvania needs Barbara Hafer. //
We need to keep the Senate in Republican hands, under the
leadership of Bob Jubelier. We need State Senators like Joe
6
Rocks here in Philly, and outstanding new Republican challengers
here and across the state. //
And this year, we have a chance to give Republican
leadership back to the State House of Representatives -- and make
Matty Ryan the next Speaker of the House. //
You know, Matty and John Perzel have been all over the
state, recruiting outstanding candidates. And the candidates for
both Houses -- and all of you here today -- are letting
Pennsylvania know that there is an alternative to the invasive,
destructive tax-and-spend policies of the Democrats.
The Democrats define empowerment as giving government more
power to control the people, and their lives. But we in the
Party of Lincoln understand that empowerment means individual
freedom -- and government exists to serve.
Those who still struggle in this society want opportunity,
not paternalism. A hand up, not a hand out. Not the servitude
of welfare and public warehousing -- but jobs, private property,
and prosperity.
Nobody wants to be dependent. They want a new declaration
of independence.
So keep fighting into the fall here in Philadelphia. Keep
reminding the people of Pennsylvania how we stand for good
government. And keep the Republican revolution alive.
Thank you. God bless you. And God bless the state of
Pennsylvania.
# # #
July 17, 1990
MEMORANDUM
TO:
CAROLYN CAWLEY
MARK LANGE
FROM:
CAROL BLYMIRE
SUBJECT: PHILADELPHIA GOP
The pre-advance to Philadelphia was quite a treat. They had
no information or talking points, therefore Bruce Stebbins will
get it to you today. Below, please find a list of names that must
be included in the acknowledgements or elsewhere in the speech.
See Bruce for further guidance:
--- Barbara Hafer: she's running for Governor and has no
chance in the world to win
-- Matty Ryan: House Minority Leader; it's important to make
him Speaker of the House
-- John Perzel: House Campaign Chairman; recruited a lot of
candidates
-- Bob Jubelirer: Senate President Pro Temp; we hold the
Senate by four seats, and we need to keep the Senate
Joe Rocks: local Senate candidate (Phila.), he is a top
target in the Senate race
Anne Anstein: Chairman of PA GOP
Elsie Hillman: National Committee of Women, and very good
friends with the President.
The President will speak before 400-500 attendees in the
Wyndham Ballroom at the Franklin Plaza Hotel. Tickets sell for
$1,000 each, $10,000 for a table.
Enclosed also find a list of people with whom we met for
this lovely event. Your Philly contacts for this trip are:
Tom Druce
PA State GOP (717) 234-4901
Joe Waldholtz
Elsie Hellman's office (412) 471-8312
Rick Odorisio
Dir. of Sales at the hotel (215) 448-2000
Tim Simonson will be with the Advance team for this, and
he's really good and really helpful.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
02. List
Contact Sheet for GOP fundraising lunch in Philadelphia,
07/16/90
(b)(7)(e), (b)(7)(f)
Pennsylvania. (1 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Speechwriting, White House Office of
Series:
Speech File, Backup
Subseries:
WHORM Cat.:
File Location:
Pennsylvania GOP Fundraiser 7/24/90
Date Closed:
10/20/2004
OA/ID Number:
08314
FOIA/SYS Case #:
Re-review Case #:
2004-2265-S
P-2/P-5 Review Case #:
MR Case #:
Appeal Case #:
MR Disposition:
Appeal Disposition:
Disposition Date:
Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advise between the President and
information [(b)(4) of the FOIA]
his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of personal
P-6 Release would constitute a clearly unwarranted invasion of personal
privacy [(b)(6) of the FOIA]
privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of gift.
(b)(8) Release would disclose information concerning the regulation of
financial institutions [(b)(8) of the FOIA]
PRM. Removed as a personal record misfile.
(b)(9) Release would disclose geological or geophysical information
concerning wells [(b)(9) of the FOIA]
(
City/State: Philadelphia, PA
Event: GOP Fundraising Lunche
Date: July 16, 1990
OFFICE OF PRESIDENTIAL ADVANCE
CONTACT SHEET
Name
Office
Phone Number
Presidential Advance Office
202/456-7565
Presidential Advance Fax Number
202/456-2820
Lucy muckerman
WH advance
202/456-7565
Tim SIMONSON
11
11
a
11
Brian D. Montgomery
WH Advance
202/456-7565
SPENCERGEISSINGER
WH ADVANCE
202/456-7565
JAY PARMER
WH ADVANCE
202/456-7565
Carol Blymine
WHI Speechwriting
202/456-7750
CRA'S RAY
WH Advance
202-106-7565
ohr.Stufflebeem
WH MIL OFC
202-395-1747
(b)(7)(e),
6)(7)(f)
John Pastneric RNC
203-883-8710
Christer CAsteel
RNC
202-863-8710
Bruce Stebbins WH Political Affairs 202-456-6510
Joe Waldholte
LLE - HilmAn
412 471 0312
Joseph Carpenter Pepublice_StateComm 215-344-6068
Charles Dexter
Repa Statem State 917-234490/(R)70.392)1230
Tom Hughsted
Franklin Plaza Catering
215-448-2844
JIM HAMBY
WHITE HOUSE COMMUNICATIONS 202-395-2000
LARRY FEAST
White House Communication Agency
202-395-4040
Mike Gould
WH Military office
202-395-1747
CHuck wexcer
office of National Dry.Conthl Policy
202 673 2532
KRIS GOODWIN
WH Advance
2021456-7565