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Opportunity Action Plan 2/27/91 [OA 6855] [2]
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Opportunity Action Plan 2/27/91 [OA 6855] [2]
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Records of the White House Office of Speechwriting (George H. W. Bush Administration)
Speech Backup Chronological Files
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Originally Processed With FOIA(s):
FOIA Number:
S
S
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
Record Group/Collection:
George H.W. Bush Presidential Records
Collection/Office of Origin:
Speechwriting, White House Office of
Series:
Speech File Backup Files
Subseries:
Chron File, 1989-1993
OA/ID Number:
13747
Folder ID Number:
13747-012
Folder Title:
Opportunity Action Plan 2/27/91 [OA 6855] [2]
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26
21
2
7
OCAL PROGRAM-AWARENESS
Dallas Chapter of the Institute of Real Estate Management
Dallas, TX
Backed by the clout of the Dallas Mayor's office, Adopt-A-Block began citywide in
1988 with the goal of reducing crime in Dallas "one block at a time." Much more than an
area crime watch, the program is designed to renew deteriorating neighborhoods and to
work with residents as they strive to take responsibility for their homes, their neighbors,
and their quality of life. Blocks in targeted areas are "adopted" by associations,
corporations, churches, and other groups.
The endorsement of the Mayor's office greases the wheels of red tape inherent in
assisting these designated areas. City agencies and Dallas police have proven very
responsive to any and all requests from Adopt-A-Block sponsors.
The Dallas Chapter of the Institute of Real Estate Management adopted one block in
the Fair Park area, one of Dallas's toughest neighborhoods, in January 1989. Being
professional property managers, the first order of business was to evaluate the block's
physical problems and interview residents regarding their concerns and needs. Home
improvements are provided only to homeowners. Negligent landlords are made to feel
increased pressure from the city. Twice each year, the chapter spends a Saturday clearing
trash; making home repairs; mowing and removing debris; and visiting with residents.
Special T-shirts identify the group. They have succeeded in getting tremendous support
from area suppliers and contractors such as landscaping firms, electricians, and plumbers
who provide not only expertise but manpower.
Crime has been significantly reduced. Illegal dumpsites have disappeared; trash is
less apparent; yards are neatly mowed and edged; homes boast new porches, screens,
electrical, and plumbing; and elderly residents are receiving assistance from "Meals On
Wheels" and other programs. Residents willingly come out of their homes to greet the
volunteers and pitch in to help their neighborhood.
The chapter will spend less than $500 this year for all expenses including the special
T-shirts. The chapter's eventual goal is to become an area captain. They plan to have a
number of member firms adopt blocks under their identity umbrella while they coordinate
efforts thereby significantly expanding their service area.
CONTACT: Janet M. Lawson, (214) 368-2181
Starting Date: January 1989
Number of People Involved: 12 Committee Members,
Unlimited number of volunteers
Type of Program: Community Clean Up
LOCAL PROGRAM-AWARENESS
Greenwich Health Association
Greenwich, CT
Teen Heart Throb is a collaborative heart risk reduction program developed in 1985
by Greenwich Health Association in cooperation with Greenwich Hospital and the
Greenwich Department of Health and piloted at a local high school in January 1986. The
ultimate goal is to reduce premature death and disability due to heart disease by providing
early heart health education and screening services to secondary school students in all of
the public and private schools in Greenwich.
The program has several components, including: height and weight check, blood
pressure screening, cholesterol/HDL screening using a venapuncture drawing of blood
(not a finger prick test), a computerized health risk appraisal (HRA), and one-on-one or
group counseling by health professionals (nurses/physicians) for all of the participating
teenagers.
Teen Heart Throb is now offered annually to 350-500 students, usually freshmen or
sophomores, at all six secondary schools in Greenwich. This program has discovered 20-
25% of teenagers "at risk" for heart disease based on elevated cholesterol readings. The
program also addresses other risk factors: family history, blood pressure, exercise,
smoking, stress, and the like. The Greenwich Health Association knows they have had an
impact on students themselves, and perhaps some of their families, in terms of making
lifestyle changes to reduce their chances of heart disease in the future.
Teen Heart Throb involves staff and volunteer manpower, including: nurses,
program assistants, physicians, laboratory technicians, and teachers. The number varies
depending on the size of the school and the number of teenagers being screened and
educated.
CONTACT: Peter J. Flierl, (203) 869-0200 (days) or
(203) 637-3417 (evenings)
Starting Date: 1985, Ongoing
Number of People Involved: Between 25-50 Volunteers
Type of Program: Youth Wellness
LOCAL PROGRAM-DONATED PROFESSIONAL SERVICES
Home Builders Association of Panama City-Bay County
Panama City, FL
Since 1988, the Home Builders Association of Panama City-Bay County has
organized projects to repair and refurbish homes of economically disadvantaged
individuals, building better living conditions, and closer relationships.
The HBA decided to undertake one community service project each quarter. A
committee was appointed to evaluate hardship cases brought to the HBA's attention by the
State Department of Health and Rehabilitative Services. After examining numerous cases,
the committee made their recommendations to the board, which approved the choices.
The HBA organized their first Saturday work day in March 1988. All association
members were asked to participate. Local media were contacted and asked to cover the
work day. Throughout the week, volunteers prepared the materials needed for the job.
Approximately 15-20 HBA members turned out for the work day to build and
refurbish roofs, porches, and decks for homes and centers. The event generated a very
positive response from numerous segments of the community who had seen news
coverage of the event. As a result, the HBA decided to continue the program.
After the success of the first Saturday Work Day, several other projects were
undertaken utilizing the same basic planning procedures.
In 1989, after several more work days directed at helping needy individuals, the
committee chairman proposed a project be undertaken for a local school for mentally and
physically handicapped children. A 30-foot gazebo was constructed for the children.
At present, the association is in contact once again with the school to construct picnic
tables, a deck and planters for the gazebo; also with a needy family for an air conditioning
system for their home that sustained major fire damage (this air conditioning system to
make for a more comfortable life for one of the children who was severely burned in the
fire); and a local organization that shelters abused and/or neglected children, to renovate a
building to allow more children to be cared for.
CONTACT: Jerry L. Fulcher, (904) 784-0232
Starting Date: March 1988
Number of People Involved: 15-20 Members
Type of Program: Help for the Working Needy, Handicapped
LOCAL PROGRAM-DONATED PROFESSIONAL SERVICES
Lansing Mechanical Contractors Association, Inc.
Lansing, MI
Project HEAT'S ON stands for "Handicapped & Elderly Assistance: To Serve Our
Neighbors." The Lansing Mechanical Contractors Association participated in the program
on September 29, 1990 for the second time, providing free heating equipment safety
inspections for people in the Lansing, MI, area. Member contractors donated the use of
their trucks and tools for the project, and their employees, members of Local 388 of the
United Association of Plumbers and Pipefitters, contributed their time and skills. There
were a total of 52 homes inspected.
Project HEAT'S ON began in 1988 by the Service and Maintenance Bureau of the
Mechanical Contractors Association of America. Through SMB, local chapter associations
work cooperatively with local units of the United Association of Plumbers & Pipefitters to
check and service the furnaces and heating units of people who are handicapped and/or
elderly and who have a low income.
Lansing MCA worked with the Emergency Response Unit of the Ingham County
Department of Social Services in Lansing to find people with low incomes who wanted the
free safety inspection. They also worked with the Behler-Young Company, a wholesale
supplier of heating parts and equipment, who provided replacement filters, belts, and
other parts at cost to the association. Smoke detectors were also provided in each home
inspected.
CONTACT: Michael H. West, (517) 485-7716
Starting Date: 1989, Annual
Number of People Involved: 67 Volunteers
Type of Program: Elderly & Handicapped Assistance
LOCAL PROGRAM-DONATED PROFESSIONAL SERVICES
Wisconsin Ready Mixed Concrete Association
Hales Corners, WI
The Southeastern Wisconsin members of the Wisconsin Ready Mixed Concrete
Association (WRMCA) saw an opportunity to help enrich Southeastern Wisconsin with a
varied range of financial aid to Channel 10, the Public Television station in Milwaukee.
Through a joint venture effort with more than 100 area tradesmen, builders and
suppliers, WRMCA members helped construct a custom-built "Dream Home" that was
donated to the annual Channel 10 auction. The building and sale of the Dream Home was
coordinated by the Metropolitan Builders Association of Greater Milwaukee (MBA).
WRMCA members' primary objective was to give something back to the community
where they derive their livelihood. Additional objectives were to promote the Ready Mix
industry; to create and enhance relationships with members of the MBA; to create
awareness of the benefits for builders and homeowners in specifying ready mixed concrete
for driveways, patios, and basements; and to increase market share for ready mixed
concrete in the patio, driveway, and basement construction markets.
WRMCA members donated 165 cubic yards of quality ready mixed concrete,
including concrete for the footings, basement walls, basement and garage slabs, stoops,
walkways, patio, and driveway. Members also donated employee time and labor and
helped facilitate the donation of labor for the construction of the footings and basement
walls and slab. Estimated cost of the WRMCA members' donation was $9,000.
WRMCA members' efforts helped to raise more than $85,000 for Channel 10. In the
four years that the MBA has donated a Dream Home to the auction, they have raised more
than $250,000 for the station. (WRMCA members have donated to the Dream Home since
1988.)
CONTACT: Barbara Wesener, (414) 529-5077
Starting Date: 1988, Annual
Number of People Involved: Over 100 Volunteers
Through Joint Effort
Type of Program: Fund Raising
LOCAL PROGRAM-FUND RAISING
San Luis Obispo Board of Realtors
San Luis Obispo, CA
Each year, the San Luis Obispo Board of Realtors participates in a different project
during the American Home Week in which at least 130 individuals are involved.
In 1990, the Board of Realtors held a St. Patrick's Day Bowl-A-Thon with individuals
soliciting pledges for number of pins bowled. Upon completion of three games, the
individuals collected the promised money for the project chosen. The proceeds went
toward the building of the Children's Museum of San Luis Obispo.
The museum is geared toward youngsters who have unlimited curiosity of how
"things" are made. The Board members sponsored the construction of a 1/2 built house
and Architect's studio. Children can see the interior of walls including plumbing and have
hands on experience with laying floor tiles or drawing plans for a home using a computer.
The $8,500 raised was the largest single contribution given by any organization or
individual.
Another project that the San Luis Obispo Board of Realtors participates in is the
Christmas Cantree project which is now in its fifth year. The Board has 277 members and
nearly all participate in one way or another. Participation level at its lowest is donating a
few dollars and/or canned goods and, at the highest, collecting canned and packaged items
in front of grocery stores during the holiday season. Additionally, funds are raised
through raffles of prizes at the annual picnic and installation luncheon.
An annual golf tournament is held with proceeds going into the cantree fund
(people getting together, having fun and, doing something worthwhile).
The money and the food collected are donated to the local Salvation Army who feed
those in need throughout the year in the community. The 1990 goal is $3,000.
CONTACT: Gail Smith, (805) 541-2282
Starting Date: 1985, Annual
Number of People Involved: Over 250 members
Type of Program: Fund Raising
LOCAL PROGRAM-SCHOOL CROSSING GUARD PROGRAM
The Fresno Life Underwriters Association, Inc.
Fresno, CA
The Guard-A-Kid Fundraiser is an annual public service project of the Fresno Life
Underwriters Association, Inc., since 1981.
Over $125,000 in net proceeds have been donated to the Adult Volunteer School
Crossing Guard Program, administered by the Fresno Volunteer Bureau. These funds help
to defray the cost of uniforms for the volunteer guards, administration of the program,
insurance, and also special recognition of the school crossing guards and their families
(Christmas party and summer picnic). This money accounts for one third of the funding
for the guard program, with the balance from City and County governments.
The fund raiser is a barbecue beef tri-tip dinner, with a live and silent auction.
Money is also raised through a drawing of donated prizes. Law firms, the Fresno Police
Department, the Volunteer Bureau Board, and participating schools also donate auction
items and cash to support this program. The average monies donated each year is over
$13,000, with the 1990 donation reaching over $15,600.
Over 100 of our total membership of 450 were involved in the planning of this year's
event. A total of over 500 members and guests attended the event, which was held on
July 20, 1990 in a country ranch setting.
To our knowledge this local Volunteer School Crossing Guard Program is unique in
the nation, and much needed for the protection of our school children in our City of over
350,000 and growing.
CONTACT: Dee Moody, (209) 439-4087
Starting Date: 1981, Annual
Number of People Involved: Over 100 members
Type of Program: Fund Raiser
LOCAL PROGRAM-VOLUNTEER EFFORT
Interfraternity Council
University of Texas
Austin, TX
The Greek system contributes significantly to this campus and this community.
In the past year, Greek organizations have performed an estimated 75,000 hours of
community service work in Austin. Fraternal organizations on this campus also
contributed more than $70,000 to charitable organizations.
Last Thanksgiving, the IFC and Panhellenic Council organized a dinner for the
homeless in which the fraternities and sororities prepared and served over 700 meals to
Austin's less fortunate.
At Christmas time, the Greek community donated more than 13,000 items of canned
food to Austin's hungry. And in the first Greek Week held during Round-Up, Greek
chapters performed 20 different service projects in this community.
CONTACT: Dan A. Medlin, (512) 476-8616
Starting Date: Ongoing
Number of People Involved: 2,700 volunteers
Type of Program: Help for the Homeless, Disadvantaged
STATE PROGRAM-AWARENESS
Arizona Cable Television Association
Phoenix, AZ
Arizona Cable Television Association's (ACTA) "No. 1 Without Drugs & Alcohol"
Awareness Program is designed for junior high and high school-aged children. The
program, co-sponsored by the Arizona Interscholastic Association (AIA), combines video
PSAs featuring local high school graduates who are now student athletes at local
universities with correlating posters. In addition, there is a spot that utilizes ACTA's
president, and AIA's executive director. The posters, sponsored by ACTA and displayed
in every junior high and high school in Arizona, feature graphic anti-drug and anti-alcohol
abuse messages. All of the composition, production, etc., of the posters and video spots
were done in-house.
The budget for this project is $5,000 and comes from ACTA funds. All air time is
donated. The budget includes the cost of production, posters, mailing, and ads in the AIA
program. Production of the video PSAs was done by two Arizona cable companies.
Athletes were arranged by the AIA.
Ads that duplicated the posters ran in every high school football program in the
state as well as the AIA Football Championship Program. In addition, messages reminding
students that ACTA and AIA wanted them to be "No. 1 Without Drugs & Alcohol" ran on
high school scoreboards that had marque capacity.
The third year of this program has been the best. Previous years campaigns have
received a citation from the President's Citation Program for Private Sector Initiative and
the Governor's Office of Substance Abuse. Local cable operators have received letters of
thank you from high school principals. The combination of video messages from their
peers and hard-hitting posters help re-enforce an important message, particularly to young
people in rural Arizona where substance abuse problems among high school students have
increased in the last several years.
CONTACT: Susan Bitter Smith, (602) 257-9338
Starting Date: 1988, Ongoing
Number of People Involved: 6 members who developed
program, 90 cable companies participating
Type of Program: Drug Prevention
STATE PROGRAM-AWARENESS
Vermont Retail Association
Essex Jct., VT
In 1988, the Vermont Retail Association used its resources to help the homeless and
needy during the winter months. Using the VRA newsletter, they asked for retailers to
volunteer to place boxes in their stores for the collection of warm outerwear (parkas, coats,
snowsuits, hats, mittens, gloves, scarfs). Twenty-four retailers responded and agencies
working with the needy in the towns having collection sites were contacted.
A collection point was matched with an agency. The collection site then contacted
the agency when a pick up was needed.
The Vermont Retail Association provided posters and publicity. They also arranged
through a local trucking agency for shipment of excess clothing to areas without a
collection site. The collection period ran for one month only, ending well before retailers
went into their Christmas rush.
The number of coats, etc., collected varied. One store reported collecting over 1,000
items.
CONTACT: Nancy Schlieper, (802) 879-6999
Starting Date: 1988, Occurs during winter months
Number of People Involved: 1 staff, 24 members
Type of Program: Help for the Homeless, Disadvantaged
STATE PROGRAM-CONSUMER INFORMATION
Pacific Water Quality Association
Huntington Beach, CA
The goal of the Public Relations Committee of the Pacific Water Quality Association
is to help the consumer get information from an unbiased resource as to water quality in
their neighborhood, generic information about water treatment technology, technical
information concerning water treatment, and help in locating service, replacement parts,
and qualified companies.
In 1986, a consumer hotline was established to help the consumer receive this
information. The audience for this 800 number is statewide, but calls are received from all
over the west and Hawaii and Alaska on the regular number.
The EPA, health departments, water purveyors, and legislators regularly refer
consumers to this hotline.
CONTACT: Carolyn J. Fahnestock, (714) 960-2428
Starting Date: 1986, Ongoing
Number of People Involved: 2
Type of Program: Consumer Information
STATE PROGRAM-DISADVANTAGED YOUTH
Nebraska Farm Bureau Federation
Lincoln, NE
The AgLink program was developed by a Nebraska Farm Bureau member who had
observed how urban teenagers responded to life on his farm. Because he was also
concerned about Omaha teenagers who encounter drugs, violence, and gangs in their
environment, his idea was to bring rural and urban interests together to offer selected
youngsters some time out of their regular environment.
He brought together representatives of Nebraska Farm Bureau, the Omaha Public
Schools and Douglas County to determine their interest in putting together a program
which would allow Omaha teens to spend a few weeks on a Nebraska farm. Farm Bureau
was enthusiastic about the program and assumed responsibility for finding farm and ranch
host families among its membership. The Omaha Public Schools worked with junior high
guidance counselors to identify teens who could benefit from exposure to a different
lifestyle and involvement with a strong family. Douglas County provided coordination.
Later, the Boys Town organization, headquartered in Omaha, became involved and
provided orientation training for both Farm Bureau host families and Omaha youngsters.
The result of these efforts was AgLink, launched June 16, 1990, with 24 Omaha
youngsters aged 12 to 15 paired with 24 Farm Bureau member families scattered across
Nebraska. The youngsters were to live with the farm and ranch families for three weeks,
participating fully in the work of the family, as well as its social and recreational activities.
Youngsters were given time out from their daily pressures and exposed to a
different lifestyle, and that there's more available to them than what they see in Omaha day
to day. The program was not seeking to make the youngsters farmers.
Some of the teens stayed more than three weeks and many have revisited their Farm
Bureau host families. One of the advantages for the host families was the opportunity to
get to know someone from a different race well; Nebraska outside of the urban areas is not
racially diverse.
The AgLink sponsors learned a great deal from the first year's program and will
modify it for the second year. Yet they remain enthusiastic about the program and the
long-term impact it can have on participating teenagers.
CONTACT: Cheryl Stubbendieck or Tom Beachell, (402) 421-4400
Starting Date: 1990, 3 Weeks during Summer
Number of People Involved: 24 Members
Type of Program: Youth Awareness
STATE PROGRAM-DISASTER ASSISTANCE
Consulting Engineers Council of Illinois
Springfield, IL
The Consulting Engineers Council of Illinois (CECI), a statewide trade association of
engineering firms, established a Professional Engineers Disaster Response Volunteer
Program with the Illinois Emergency Services Disaster Agency (IESDA). The purpose of
this program is to assist the State with engineering expertise in responding to emergencies
resulting from disasters, such as an earthquake, tornado, or flood.
Following a disaster, IESDA, working with local emergency service agencies,
responds by coordinating rescue, medical, damage assessment, clean-up, and financial
assistance programs. Under certain scenarios, the emergency assistance of professional
engineers would be needed to protect the public. As an example, professional engineers
could be used to determine if a building is safe for occupancy, inspect bridges to determine
if they are safe for the motoring public, assist in rescue efforts, inspect dams to protect the
public, and assess financial losses necessary for applying for federal emergency aid. In
essence, because professional engineers design our built environment, they can be
instrumental in serving the public safety when a disaster strikes.
CECI has provided a list of professional engineers to IESDA who have volunteered
to be on call to the Agency in the event of a disaster. To date, 91 professional engineers and
six other firms have agreed to participate in the program.
In the event of a disaster, IESDA will contact volunteers based upon IESDA's needs.
The volunteer, if available, would travel at state expense to the site and report to an IESDA
Coordinator. IESDA volunteers are covered under the State's Worker's Compensation
program and are also granted certain liability protection.
Luckily, the program has not been utilized to date. Nevertheless, CECI will
continue to promote volunteerism from amongst its membership in anticipation of such a
fateful event.
CONTACT: David E. Kennedy, (217) 528-7814
Starting Date: 1989, Ongoing
Number of People Involved: 9.1 Members, 6 Outside Firms
Type of Program: Disaster Response
STATE PROGRAM-DONATED PROFESSIONAL SERVICES
Illinois Optometric Association
Oak Brook, IL
The program offered free eye examinations and low cost glasses to the "working
poor" of Illinois during "Save Your Vision Week 1989," and again in 1990. Approximately
200 Illinois Optometric Association members were recruited by the IOA to participate for
one day during a two-day program in March 1989. These doctors saw approximately 1,200
working poor patients who were screened on the basis of income by local agencies such as
the Salvation Army, Catholic Charities, the Lyons Club, and local civic organizations.
Screenings were based on guidelines provided by the IOA. The program was geared
toward the employed not covered by Public Aid, Medicare, or insurance.
Individual OD participants were responsible for recruiting labs to supply glasses to
those who were found to need them. Many individual doctors who have in-office labs
donated that service as well. There was a $20 fee for glasses in some areas. The fee covered
lab expenses, where applicable. Many labs donated the service and the fee was waived in
these cases.
The 1989 program was considered a success. Approximately 1,200 hours of
optometric services were donated totaling $43,200 in professional eye care services. This
amount does not include extra time that each doctor donated to coordinate and promote
the program, nor does it include the amount of money that the glasses would be worth if
purchased by the general public. Approximately two-thirds of all patients receiving free
eye exams required glasses.
Several IOA doctors decided to continue the program in their community by
accepting pre-screened patients throughout the year. The number of patients seen by these
doctors is not known as these doctors are basically doing the program on their own and not
reporting to the IOA.
CONTACT: Kathryn A. Frankenberger, (708) 573-8012
Starting Date: 1989, Occurs 2 days annually
Number of People Involved: 200 Volunteer Optometrists
Type of Program: Wellness
STATE PROGRAM-DONATED PROFESSIONAL SERVICES
New Jersey Dental Lab Association
Parsippany, NJ
In cooperation with the New Jersey Foundation of Dentistry for the Handicapped,
the New Jersey Dental Lab Association participates in the Donated Dental Services (DDS)
Program which aids indigent, handicapped, and elderly people; people who previously
considered dental care to be beyond their reach.
Since the program's inception, 1,645 applications have been requested and 801 have
been returned requesting care. Approximately 350 have been approved for care; treatment
has been completed for 220 patients and there are 120 patients under care. The total value
of treatment rendered is over $204,500 averaging $900 per case. There are 634 dentists and
60 dental laboratories participating in the program.
These services have been accomplished by raising some $52,000 in private funds
from private companies and foundations.
The goals of the DDS are participation of 1,000 dentists, 100 dental laboratories,
treatment for 1,500 patients annually, and delivering $1 million in care annually.
This program is in the process of being implemented on a national scale and is
on-going.
CONTACT: Jeanne O'Donnell, (201) 887-4920
Starting Date: 1987, Ongoing
Number of People Involved: 634 Dentists, 60 Dental Labs
Type of Program: Wellness
STATE PROGRAM-EDUCATION
The Kentucky League of Cities
Lexington, KY
In 1985, the Kentucky League of Cities Board of Directors established a scholarship
program for deserving students pursuing a masters in public administration at the
University of Kentucky's Martin School of Public Administration.
The annual appropriation of $3,000 provides two, full-time scholarships to deserving
students pursuing their masters program. The League selects one city official to sit on a
selection committee, with two other representatives from the University, to make a
determination as to the award winners. To date, recipients have graduated and pursued
careers in public health, education, and other areas of public administration. Last year, the
scholarship recipients were two League employees who were enrolled at the Martin School
on a part-time basis. One League staff member is the Manager of Information Service and
the other is the Assistant Director of Intergovernmental Services, responsible for the
administration of applications through a $170 million pool bond program.
The League's Board of Directors went on record in establishing the scholarship
program by expressing strong interest in the future of public administration and the
proper, professional management and planning for Kentucky's cities. While it is but a
small representation of the funds necessary to support students interested in public service,
it does demonstrate the commitment that current city officials have for assisting the
leadership of the future.
CONTACT: Executive Director, (606) 277-2886
Starting Date: 1985, Ongoing
Number of People Involved: Committee of 3
Type of Program: Public Administration Scholarships
STATE PROGRAM-EDUCATION
Michigan Technology Council
Ann Arbor, MI
The Michigan Science and Technology Quest project of the Michigan Technology
Council (MTC) was started in the Fall of 1987. The program is available for junior high
school and high school age youth and is a private, not-for-profit educational program. The
program is statewide-with planned participation of all of MTC's regional chapters: Ann
Arbor, Detroit, Grand Rapids, Lansing, and Traverse City.
Michigan Science and Technology Quest has three objectives: 1) to motivate
students to learn by showing them their future personal potential if they will stay in school
and learn; 2) to give teachers the tools to motivate their students by using the 600 MTC
member companies as a resource for experience with technologies used in the real world of
business and industry; and 3) to improve the overall work-readiness of students entering
the work force by making exposure to the real-world application of math, science,
technology, and communication skills part of the teaching process.
Young people attend MTC technology briefing events, and are exposed to current
and topical developments in science and technology. They participate in lively discussions
and dialogue with current science and technology professionals, entrepreneurs, and
managers.
Opportunities for internships and mentorships are made available for outstanding
students. Continuing reinforcement of initial program opportunities is maintained through
MTC student membership and by subscriptions to MTC's monthly newsletter, the MTC
Update.
Seminars for parents reinforce the need for family support of math and science
programs as stepping stones to future career choices. A special effort is made to include all
minorities, women, and handicapped young people in this program.
Each program is run by a regional MTC action committee composed of leaders from
local private industry, education, and government. Regional Science and Technology
Quest committees enter into formal relationships with specific schools and other
organizations, forming Science and Technology Quest clubs for the purpose of carrying on
Quest activities.
CONTACT: William Cassell, MTC, (313) 763-9757 or
Albert Ward, Office of the Governor, (313) 256-1003
Starting Date: 1987, Ongoing
Number of People Involved: 65 member companies
Type of Program: Youth Education
STATE PROGRAM-FITNESS
Virginia Recreation and Park Society
Mechanicsville, VA
From concept to reality, Golden Olympics was nearly two years in the making. The
concept was presented at a meeting of the Senior Citizen's Committee of the Virginia
Recreation and Park Society in 1977. This group, now known as the Senior Citizen's
Section of VRPS, is made up of professionals who work in leisure service programming for
the elderly.
In May 1979, the first Golden Olympics began at the University of Richmond with
258 participants. Three-day events ranged from the non-physical (checkers, bridge, etc.) to
the very physical (track and field, swimming, tennis, etc.). Fellowship and socialization
were also considered a high priority, therefore, the first Golden Olympics and all since
have included activities such as a talent show, wine and cheese reception, square dance,
and a "big band" dance.
Media coverage on the local, state, and national level has been given to Golden
Olympics since the first event was held. The publicity from this coverage has made the
Golden Olympics a pioneer in senior adult olympic programs. Numerous requests have
come from all over the nation concerning how to start a similar event.
The biggest change took place in 1985 when the committee was asked by
Lynchburg's Bicentennial Commission to move Golden Olympics to Lynchburg for the
1986 games as part of its bicentennial celebration.
In June 1987, 67 senior athletes represented Virginia's Golden Olympics at the first
U.S. National Senior Olympics in St. Louis, MO.
Due to the great response by participants, it was decided in 1987 that the Golden
Olympics would continue to move around the state to provide greater access to the event.
In 1988, Norfolk was the host site for the Golden Olympics with 777 people registered for
the event. In addition, medal winners were once again qualified to compete in the U.S.
National Senior Olympics to be held in June 1989.
CONTACT: James C. Stutts, (804) 730-9447
Starting Date: May 1979, Annual
Number of People Involved: Over 200 Volunteers
Type of Program: Fitness
STATE PROGRAM-FUND RAISING
Associated Builders and Contractors, Inc.
Manheim, PA
The Building Wishes Run was started three years ago as a way for the Associated
Builders and Contractors members to give something back to the community in which they
live and work. The goal was to raise at least $20,000 to be donated to the Make-A-Wish
Foundation to be used to fulfill the wishes of children between the ages of 2-1/2 and 18
who are suffering from a life threatening illness, and to include their families in every
aspect of the wish.
A Building Wishes Committee was established, which consisted of volunteers from
member firms, which met monthly to discuss how to make the program better, generate
company participation by donations of money or time, and to organize details for the race.
A runner's application was developed and distributed to previous runners, fitness clubs,
health spas, other races (in the area and out of state), and at sporting good stores. With the
local TV station being a major sponsor, ideas were discussed on producing the Public
Service Announcements using a Make-A-Wish child for the commercials.
Over 100 volunteers gave freely of their time by helping with set up, registration for
the runners, directing the runners on the course, working at the food stand, handing
balloons out to the children, calculating runners' times, and participating in the Awards
Ceremony.
To get the ABC members more involved with the Building Wishes Run, an ABC
Team Contest was added.
Another new event in 1989 was the wheel chair competition. The wheel chair
participants were given a five minute head start from the runners so that the runners
would not be in the way.
The Third Annual Building Wishes Run raised over $21,000 to be contributed to the
Make-A-Wish Foundation, which is their single largest contribution. The last three years
over $50,000 has been turned over the the Foundation and over 20 special children have
been able to have their wishes granted.
CONTACT: Richard M. Honabach, (717) 653-8106
Starting Date: 1987, Annual
Number of People Involved: Over 100 Volunteers
Type of Program: Fund Raising
STATE PROGRAM-FUND RAISING
The Professional Insurance Agents Association of
Virginia and the District of Columbia, Inc.
Richmond, VA
The Professional Insurance Agents Association of Virginia and the District of
Columbia, Inc. selected Special Olympics as their charity in 1983 and started having golf
tournaments that year to raise money for them. Golfers pay a fee which includes their
greens, cart, lunch, dinner, reception, and prizes, with the amount left over going to Special
Olympics. In addition, insurance companies and agencies act as sponsors of the event.
This year, the tournament is changing slightly and PIA is asking for sponsors of each hole
as well as sponsors of the putting contest, lunch, etc. Hopefully, this will get more
participation and, so far, it seems to be working well. Approximately, 100 golfers
participate each year.
In 1987, PIA began having bowling tournaments to raise even more money for
Special Olympics. The tournaments are held in four or five locations in Virginia and the
District of Columbia and the number of bowlers range from 10 to 110. Bowlers get
sponsors of 3 cents per pin, collect the money, and send it to PIA within a month of their
tournament. PIA then has drawings for those who get 10, 20, and 30 sponsors.
Since these tournaments have begun, PIA has raised $91,000 for Special Olympics.
The amount collected is divided between Virginia Special Olympics and the District of
Columbia Special Olympics according to the percentage of members PIA has in each
jurisdiction. The funds are presented annually during PIA's convention to someone from
Special Olympics.
CONTACT: Elsie Reamy, (804) 264-2582
Starting Date: 1983, Annual
Number of People Involved: Over 25 Volunteers
Type of Program: Fund Raising
STATE PROGRAM-FUND RAISING
Texas Association of Realtors
Austin, TX
The Texas Association of Realtors (TAR) has adopted fund raising to support the
restoration of the Capital of Texas as a three-year statewide service project. The 71st Texas
Legislature appropriated funds to support building an office extension and conducting
structural work on the century-old building; however, private donations will be necessary
to restore the late nineteenth century Victorian interiors and historical grounds. Because
the restoration of buildings and revitalization of neighborhoods are both Realtor projects of
long standing, the association adopted Operation Restoration as the first statewide project
in its history.
TAR's Board of Directors voted in 1989 to allow Boards to put a statement on their
1990-1992 dues billing requesting an optional $2 donation from individuals to go toward
the fund. So far about one-third of the 118 local boards have put the statement on their
dues and the results have been quite successful. Local boards also conduct various projects
and accept individual donations at conventions and meetings.
The three-year plan includes a new activity each year in addition to the optional
dues donation. During the first year, Operation Restoration buttons were introduced to
raise moderate funds. Even more important, the buttons got the word out among the
Realtors about the project. The second year project will be a junior high essay contest.
Students will write about what the Capital means to them. TRA hopes to make families
aware of the deteriorating condition of the Capital as well as show that Realtors care about
their communities and young people. The Realtors' Community Service Committee
(RCSC) is still formulating plans for the third year.
TRA has raised well over $10,000, and with new Boards adding the optional
statement to their dues billing for 1991, they hope to triple that by the end of next year. The
funds to be presented at the end of the three-year period will help assure that the Texas
Capital will remain a cherished cultural legacy and become an outstanding national
example of historic preservation.
CONTACT: Gretchen Raiff and Panchita Garrett, TRA, (512) 480-8200 or
Daphne Hamilton, RCSC, (915) 592-8100
Starting Date: 1990, Three-year project
Number of People Involved: Approximately 40 Boards
Type of Program: Restoration Fund Raising
STATE PROGRAM-MEDICAL ASSISTANCE
Tennessee Medical Association
Nashville, TN
The TMA Tennessee Medicare Access Program (TMA-TMAP) is a voluntary
Medicare assignment program designed to help increase the availability and affordability
of medical care from medical doctors for approximately 65,000 senior citizens in the state
who forego proper medical attention due to rising costs.
TMA-TMAP is for those senior citizens age 65 and over, who do not qualify for
Medicaid or the Qualified Medicare Beneficiary Program but have yearly cash incomes less
than $9,000 for individuals, $12,000 for couples. Most programs consider assets in regard
to payment potential, but TMA-TMAP only looks at a patient's disposable income available
to pay bills.
Senior citizens can fill out an application at any of 138 senior citizen centers or
nutrition sites affiliated with the Tennessee Commission on Aging. At the registration
sites, qualified applicants receive their TMA-TMAP Patient Care, written guidelines as well
as verbal instructions fully explaining TMA-TMAP and its benefits, and have access to a list
of all physicians in their area as well as statewide treating TMAP patients.
TMA-TMAP is free to qualifying Tennessee citizens. Physician participation is
strictly voluntary and not restricted to TMA members.
Sponsors of the TMA-TMAP include the Tennessee Medical Association, the
Tennessee Commission on Aging, and the State of Tennessee through the Department of
Health and Environment.
To date, TMA-TMAP has enlisted 1,300 physicians to serve TMAP patients in all
areas of medicine with the greatest emphasis on general/family practice, general surgery,
internal medicine, and ophthalmology. TMA-TMAP has prepared centers in all of
Tennessee's 95 counties as official registration sites and completed the training process for
centers in April 1990.
CONTACT: Russ Miller, (615) 327-1451,
FAX: (615) 329-0004
Starting Date: 1989, Ongoing
Number of People Involved: 1,300 Physicians
Type of Program: Wellness
STATE PROGRAM-VOLUNTEER EFFORT
The Georgia State Association of Life Underwriters
Dunwoody, GA
The National Association of Life Underwriters' (NALU) Million Hour Pledge
campaign was designed by the Public Service Committee to express the unique
contribution life underwriters make to their communities. This unprecedented pledge
of one million hours of public service called for each local association member to commit to
one day (8 hours) of volunteer service.
The response was overwhelming, with the final tally nationally exceeding the
original goal by 60 percent and with most local associations surpassing their pledge two
and three times over. The final total was 1.6 million hours of public service.
The 35 local associations in the state of Georgia pledged 39,480 hours of service and
made 277 percent of their goal. Projects in which members participated were: The Georgia
Society to Prevent Blindness-Vision Van screeners; The Brain Tumor Foundation-golf
tourney; The Sunshine Foundation for critically ill children-golf tourney; Soup kitchens;
Big Brothers & Big Sisters; Nursing home holiday parties; March of Dimes Walkathon,
Atlanta Hunger Walk; Lions Club Eye Bank; Salvation Army bell ringers; Empty Stocking
Fund; Special Olympics; Dreams Come True; and the Eagle Ranch boys' home.
The pledge lasted one year. Over 3,000 Georgia life insurance agents of their 4,800
members participated in at least one activity.
The golf tourneys raised large amounts of money. The rest of the projects involved
long hours of hands-on community service.
CONTACT: Nancy Buchanan, (404) 455-4459
Starting Date: 1989
Number of People Involved: 35 Chapters
Type of Program: Community Involvement
STATE PROGRAM-YOUTH FITNESS EDUCATION
Illinois Park & Recreation Association
Palatine, IL
The Illinois Park & Recreation Association and several other organizations sponsor
the Run to Fitness program. Run to Fitness is a running and fitness program designed for
children 7-14 years old. The program encourages children to participate in a six week
fitness training session and then enter a number of events to test their fitness levels.
The objectives of the program are to encourage children to develop good fitness and
health habits; to provide children with a fun and positive experience in improving their
fitness levels; and enable them to enter and complete any of the Run to Fitness events.
IPRA coordinates the True Value Fitness Fun Day which is a Run to Fitness event.
This event brings over 3,000 children to participate in nine fitness exercises and games.
This program will run throughout the summer.
CONTACT: Kay Forest, (708) 991-2820
Starting Date: 1990, Annual
Number of People Involved: 1 Staff, Committee of 15,
150 Volunteers
Type of Program: Fitness Education
NATIONAL PROGRAM-COMMUNITY PROGRAMS
The American Legion
Washington, DC
Each year more than 200 American Legion community service projects costing more
than $5 million touch the lives of millions of Americans. Special emphasis is placed on
safety campaigns, the elimination of fire hazards, establishment of playgrounds, and the
building of living memorials. Only a few are listed here.
Blood Donations-As members on the board of directors of the American Blood
Commission, the Legion encourages posts to establish blood donor programs, especially
during the holidays when accident rates are high and hospital blood stocks are low. Thirty
of the 58 departments now have active blood donor programs. Legionnaires donated more
than 2.5 million units of blood in post drives between 1985 and 1989, making The American
Legion the largest identifiable blood donor group in America.
Oratorical Contest-Each year, thousands of high school students across the country
address a vast audience of the American public, informing them about the substance and
meaning of the U.S. Constitution. Hundreds win scholarship prizes at the post, district,
and department (state) level. Department winners who compete in 12 regional contests
receive $1,000 to pursue their education beyond high school. At sectional semifinals, the
eight non-finalists receive an additional $3,000 each. The four finalists compete for
scholarships of $12,000, $14,000, $16,000, and a top prize of $18,000 from the American
Legion Life Insurance Trust Fund. In addition to this $138,000 distributed at the national
level, local American Legion posts gave more than $1.5 million in other scholarships in the
1988-89 reporting year.
Educational Assistance-Every year the Legion publishes "Need-A-Lift," called by
educators the most comprehensive and up-to-date handbook available on loan,
scholarship, and career opportunities for high school students. The booklet is mailed free
of charge by the National Headquarters directly to the guidance offices of more than 23,000
public and private high schools in the United States. Sample copies are distributed through
Legion departments to local posts, which are urged to order more for libraries and youth-
service organizations. 120,000 copies of the 39th edition (1990) are now available. Single
copies can be ordered for $2 each from The American Legion, National Emblem Sales, PO
Box 1050, Indianapolis, IN 46206.
CONTACT: John Hanson, (202) 861-2790
Starting Date: Ongoing
Number of People Involved: Thousands of Volunteers
Type of Program: Community Programs
NATIONAL PROGRAM-COMMUNITY PROGRAM FOR
ELDERLY, DISABLED, ILL
Delta Society
Renton, WA
As the leading international information clearinghouse and action center for human-
animal interactions and animal-assisted therapy, the Delta Society responds to over 1,000
requests per month for information and assistance in developing people-animal programs
to serve the needs of people that are ill, disabled, elderly, or institutionalized.
Volunteers of the San Diego Chapter of the Delta Society have participated in the
Chapter's pet visitation program for over three years. Volunteers visit 15 different facilities
including hospitals, nursing homes, and schools on a regular basis. The Chapter has
provided a monthly vaccination clinic for low-income and elderly people for more than a
year and features public education programs about the human-animal bond and animal-
assisted therapy. More than 20 people volunteer their time and energy in these on-going
programs. Expansion of all programs occurs as more volunteers are trained.
A volunteer coordinator for the Delta Dog program of the California Desert Chapter
of the Delta Society trains volunteers and their dogs to provide visits to stroke centers,
psychiatric hospitals, and rehabilitation programs. Over 10 volunteers have participated in
this project which was started in May 1988. The project is being expanded to include
animal-assisted therapy to selected patients. In this project, volunteers will be a member of
the patient's treatment team to develop treatment goals. The Chapter also sponsors a pet
loss support group for bereaved pet owners. Several therapists volunteer their time in an
on-going basis to provide monthly group sessions.
Over 25 facilities receive visits from the human and animal volunteers of the San
Antonio Chapter of the Delta Society. This two-year-old program is supported by the
contribution of time and energy by more than 20 people. The program's coordinator says
that there are more requests than they can fill. As many as 40 volunteers work in the
program throughout the year. In addition, the Chapter facilitates a pet loss task force to
educate the public and health professionals about the needs of bereaved pet owners.
CONTACT: Maureen A. MacNamara, (206) 226-7357,
FAX: (206) 235-1076
Starting Date: 1988, Ongoing
Number of People Involved: 50
Type of Program: Animal-Assisted Therapy
NATIONAL PROGRAM-DONATED PROFESSIONAL SERVICES
Alpha Omega International Dental Fraternity
New York, NY
Alpha Omega, in conjunction with the Jewish Family Services and the Council of
Jewish Federations, has undertaken the responsibility for the dental care for thousands of
Jewish refugees from the Soviet Union. Project D.A.R.E. (Dental Aid for Russian Emigres)
has been instituted in all of the major cities in North America where there has been a large
influx of Soviet immigrants. Members of Alpha Omega have volunteered to provide dental
services to the emigres deemed to be "in need" at a reduced fee or at no cost. Presently, 22
chapters participate in Project D.A.R.E. with more chapters expected to adopt the program.
In conjunction with Project D.A.R.E., the students at Gamma Chapter (Tufts
University) have spearheaded the D.E.S.K. Program (Dental Evaluation for Soviet Kids)
which is a prototype program aimed at giving the children of Eastern Europe who have
recently emigrated to America, the best dental care available at the absolute lowest cost.
Volunteers from Tufts and Alpha Omegans from Boston University performed tasks
such as recording height and weight, organizing paperwork, oral hygiene instruction, and
the dental exams themselves.
Immediate provisions were made for any child that was in pain and, within three
weeks, appointments had been made for all of the children in need of immediate dental
care at the Tufts University Pediatric Dental Clinic.
Not only have provisions been made for every child that was sent to the clinic, but a
special program has been established for those children that are not eligible for any federal
benefits. For these especially needy children, the Tufts Pediatric Clinic will treat them for
$10 per visit regardless of the amount of dentistry that they need.
More than 10,000 Soviet immigrants have been treated in some manner through
these two programs.
CONTACT: Sheila Guston, (212) 683-4155,
FAX: (212) 683-0027
Starting Date: 1990, Ongoing
Number of People Involved: 22 Chapters
Type of Program: Wellness
NATIONAL PROGRAM-DONATED PROFESSIONAL SERVICES
American Society of Interior Designers
New York, NY
Shelter Resource Partners is a community service project founded by the American
Society of Interior Designers (ASID) and Best Western International to benefit transitional
homeless shelters throughout North America. ASID and Best Western work together to
improve transitional homeless shelters for the economically disadvantaged, chronically
disabled or those suffering severe personal crises, such as battered women and runaways,
through the contribution of professional interior design services, furniture, fixtures, and
equipment.
The Shelter Resource Partners project is designed to benefit tax-exempt, non-profit
501(c)3 shelters, as defined by the Internal Revenue Code. The National Alliance to End
Homelessness, a non-profit membership organization dedicated to addressing the long-
term problems of the homeless, identifies those shelters eligible to participate in the Shelter
Resource Partners project.
As founding partners in this project, ASID and Best Western encourage other
organizations to become involved. Individuals or organizations that provide goods or
services to supplement or complement those contributed by Best Western and ASID are
designated as "cooperating partners." Goodwill Industries of America, Inc. and SHR
Design Communications of Scottsdale, AZ, were the first two organizations to be identified
as cooperating partners.
Goodwill Industries of America, Inc. participates on a project-by-project basis, where
opportunities exist for a local Goodwill to provide assistance with donations. In the event
of Goodwill participation, Best Western hotels are encouraged to consider making
additional materials available for contribution to the participating Goodwill.
Founding partners and cooperating partners may also individually contribute to
homeless projects outside the scope of the Shelter Resource Partners project.
CONTACT: Jeff Bergman, (212) 944-9220
Starting Date: 1989, Ongoing
Number of People Involved: Over 100 Volunteers
Type of Program: Help for the Homeless, Disadvantaged
NATIONAL PROGRAM-EDUCATION
American Consulting Engineers Council
Washington, DC
SEE, or Students Engaged in Engineering, is an academic outreach program
sponsored by the American Consulting Engineers Council. The program is designed to
introduce middle school students to engineering through hands-on demonstrations, case
histories, field trips, and other creative teaching techniques. Engineers visit students in a
particular school at least once a month and work with them on a one-on-one basis. Those
who participate in SEE activities experience personal rewards from serving their
community, working one-on-one with students and helping the future of the profession by
attracting our youth.
The objectives of the SEE program are two-fold: 1) to reverse the frightening trends
that will result in a tremendous shortage of engineers; and 2) to enhance the image of the
engineering profession.
ACEC expanded the program to the national level in October 1989. The first year
(1989-90) of its existence, the SEE program had a budget of $20,000. The second year (1990-
91), it was funded by a dues assessment of $1 per index number, which translates to
$23,500.
Currently, the primary objective is to encourage ACEC's 51 member organizations
to adopt, operate, and fund programs in their local areas. So far, 10 member organizations
have done so. Ten more are targeted for special promotional efforts this year. Once the
SEE program is up and running at the state level, ACEC will act as a clearinghouse of
information, advice, activity exchange, etc.
CONTACT: Sally Keene, (202) 347-7474,
FAX: (202) 898-0068
Starting Date: 1989, Ongoing
Number of People Involved: 10 Member
Organizations
Type of Program: Youth Education
NATIONAL PROGRAM- FUND RAISING AND SUPPORT FOR THE
SEVERELY HANDICAPPED
Pi Kappa Phi Fraternity
Charlotte, NC
The members of Pi Kappa Phi support PUSH-People Understanding the Severely
Handicapped. PUSH provides service and educational programs to create a greater
understanding of people who have disabilities. Since 1978, more than 130 chapters across
the country have raised more than 1.3 million dollars for PUSH-more than any other
national fraternity has ever raised for a single charitable organization. Along with their
fund-raising efforts, chapters gave thousands of hours to organizations and facilities
serving people with disabilities in their areas. PUSH, in turn, offers a chance for fraternity
volunteers to develop leadership through service.
One of its greatest resources, the "Give-a-PUSH Weekends" have become the big
excitement in fraternity service. The first was held in October 1989 at Holy Angels, a
residential facility outside of Charlotte, NC with more than 80 fraternity members from as
far off as New Jersey and Florida drove in for a weekend of intense work and brotherhood.
In two days, the men were able to build a picnic shelter, refurbish outdated
playground equipment, install new swings, landscape, and assemble an adaptive outdoor
playground unit. At many times, they worked hand-in-hand with the children who would
later enjoy the playground, funded in part by a $20,000 PUSH grant. Local hotels and
restaurants sponsored the event.
A new PUSH program gave collegiates the chance to put their love into action. The
program, "Kids on the Block," involved two collegiates giving up a semester of classes to
travel with an innovative puppet show featuring disabled and non-disabled puppets. In 15
weeks, the interns traveled to seven states and 106 third-grade classrooms, helping 8,000
students better understand the challenges of life with a disability. There are several
hundred "Kids on the Block" troupes across the nation, but the PUSH team is the first non-
professional team to travel.
Through service, Pi Kappa Phi is offering the blueprint for the fraternities of the
Nineties.
CONTACT: Ken Kaiser, (704) 522-7874
Starting Date: 1978, Ongoing
Number of People Involved: Over 130 Chapters
Type of Program: Fund Raising and Support for the
Severely Handicapped
LOCAL PROGRAM-DONATED PROFESSIONAL SERVICES
Home Builders Association of Greater Columbia
Columbia, SC
The Brown House is an abandoned 3,500 square foot home located on the grounds
of Richland Memorial Hospital. The hospital will renovate the home for two primary
purposes: (1) to house cancer patients and their families who are undergoing cancer
treatment at any of the Columbia area hospitals, and (2) to hold educational programs for
community cancer patients and community members at large.
The facility will be named "The Caring House" and will be a community project
making it available to families from all community hospitals. The house is intended to be
managed by a live-in resident manager. The structure is over 100 years old and the
required renovations have been estimated at over $350,000. The Brown House project is
targeted to be complete in the spring of 1991.
The Home Builders Association of Greater Columbia, along with its Remodelors
Council, has pledged to manage the renovation and solicit donations of funds, building
materials, and labor. The Center for Cancer Treatment and Research at Richland Memorial
Hospital has approved support of the project and will underwrite any costs incurred
beyond donations from the Home Builders Association and We Care, Inc.
An advisory board consisting of members from community hospitals; the Home
Builders Association; We Care, Inc., and the Center for Cancer Treatment and Research will
oversee the renovation.
CONTACT: Earl E. McLeod, (803) 256-6238
Starting Date: 1990, One-time project
Number of People Involved:
Type of Program: Wellness
LOCAL PROGRAM-ENVIRONMENTAL AWARENESS
Brunswick-Glynn County Board of Realtors
Brunswick, GA
The benefits of recycling to the environment are generally known and accepted.
Most Glynn County residents are unaware, however, of the problems facing the
community in the near future. A system for recycling household waste is currently in
place, operated by the Easter Seals Speech & Hearing Center. Most residents are unaware
of this system or how to recycle at home.
The Brunswick-Glynn County Board of Realtors chose to aid the Easter Seals
recycling project and the efforts of the city and county governments to promote recycling at
home by sponsoring two activities within the school system: a newspaper drive and
competition for elementary schools, and a sixth grade science project on recycling.
The purpose of the project was three-fold: (1) to raise funds to print a brochure on
"How to Recycle at Home" to be included in local "Welcome Packages" for distribution to
area residents; (2) to increase the awareness of the need to recycle at home; and (3) to
create a reason for a large number of households to begin recycling at home.
April 1990 was targeted as the month to implement the project to coincide with the
third anniversary of the recycling project, the 20th anniversary of Earth Day, and the
beginning of American Home Week.
Over 31 tons of newspaper were collected in five days which generated enough
revenue to print the brochures. Eight elementary schools participated in the newspaper
drive involving over 5,200 students and their families. The sixth grade science project
involved three middle schools and 800 students and their families. Many of the Realtors
who committed to recycle during American Home Week have continued to do so.
Easter Seals asked the Board to sponsor the newspaper drive again next year. A
commitment was made by the sixth grade teachers to continue the science project next year
and the executive director for Glynn Clean & Beautiful agreed to spend time next year in
the schools during the week of the recycling project and instruct each class involved.
CONTACT:
Starting Date: April 1990, Annual
Number of People Involved:
Type of Program: Environmental Awareness
LOCAL PROGRAM-FINANCIAL HOUSING ASSISTANCE
Traverse City Board of Realtors
Traverse City, MI
In 1988, the Traverse City Board of Realtors addressed the issue of families in
various states of housing crises, due to low wages and a shortage of affordable rental
housing and home ownership opportunities, with the formation of the Homestart! project.
Initially, Homestart! was funded entirely by donations and fund-raising activities
within the Realtor membership. During the first year, $5,000 was raised through these
activities, and two families were assisted in finding housing. Families were referred to
TCBR by the staff at the local Emergency Lodge. The criteria was that the prospect would
be an employed family unit with the desire and motivation to achieve self-sufficiency.
Homestart! then loaned the applicant the necessary deposit monies on an interest-free basis
and structured a repayment program which met budget constraints.
During 1990, the Homestart! Committee refined the program, which now consists of
the following components: 1) referral and screening; 2) housing availability; 3) Homestart!
interview; and 4) follow-up support.
The objectives of the Homestart! program are: 1) to solve an immediate housing
crisis for a family in need by providing funds and, if necessary, assistance in housing
placement; 2) to assist an applicant in understanding budgeting and financial
responsibility; and 3) to provide long term assistance and support (usually up to one year),
enabling the applicant to avoid future housing crises.
CONTACT: Judith Lindenau, (616) 947-2050
Starting Date: 1988, Ongoing
Number of People Involved:
Type of Program: Financial Assistance
LOCAL PROGRAM-HOME BUYERS EDUCATION
Western Wayne Oakland County Association of Realtors
Farmington, MI
In an effort to provide a free service to the general public, while enhancing the
image of Realtors, the Western Wayne Oakland County Association of Realtors sponsored
a "Homebuyers Seminar" in May 1986, in conjunction with American Home Week. The
Homebuyers' Seminar is a strictly generic, non-selling program.
The program includes a welcome by the current president, who serves as the
moderator, followed by short (15-25 minute) presentations by a Realtor, a Lender, and an
Attorney. Committee members then answer written questions from the audience. The
moderator reads the questions and directs them to the appropriate speaker. The question
and answer period is very popular.
Participants also receive a copy of the "Home Guide," a magazine produced by the
National Association, which contains an abundance of information for the potential
homebuyer. Other handouts include one outline sheet from each speaker, an equal
housing pamphlet, a lending program pamphlet, a pad of paper and a pencil.
Promotion efforts include flyers sent to all members encouraging them to pass on
the information to prospects or to people in their "farm areas"; press releases sent to all
area print and broadcast media, and Public Service Announcements to all of the Detroit
metropolitan area radio stations; and an article published in the local newspaper.
The Public Relations Committee, which coordinates the event, has recently begun
holding an annual month-long Canned Food Drive in cooperation with the Salvation
Army. As a kick-off to the Food Drive, each Homebuyers' Seminar attendee was asked to
bring a canned food donation in lieu of any charge for the seminar. The result was over 400
cans of food collected for those in need, well-informed and knowledgeable future
homebuyers, and a positive image of Realtors passed on to the general public.
CONTACT: Chris Sheldon, (313) 478-1700,
FAX: (313) 478-2849
Starting Date: May 1986, Annual
Number of People Involved:
Type of Program: Home Buyers Education
LOCAL PROGRAM-HOMELESS
Fredericksburg Area Builders Association
Fredericksburg, VA
The Fredericksburg Area Builders Association, in cooperation with The Board of
Realtors and the Chamber of Commerce, planned and produced a fundraising auction and
picnic for the purpose of helping the working homeless. The project was entitled "Lend-A-
Hand" and the proceeds were given to the Virginia Housing Coalition for disbursement.
The funds were used as a starting point for those that could not come up with
enough money for a security deposit for rent, or in some cases, a down payment on a
house. The money was loaned, interest free, to get them into some type of housing, and
administered by the Coalition.
The auction was produced by asking builders and suppliers to donate excess, or
discontinued items, left in storage. These items were collected, centrally located, and sold
at a community-held auction. The proceeds gathered $4,000.
The picnic was a community event. Tickets were sold to raise money and businesses
were asked to sponsor certain items, i.e., band, tend, food, etc. The picnic was a complete
sellout and raised over $11,000 for the Lend-A-Hand project.
The picnic seems to have become an annual event and other local housing charities
have been added to receive the proceeds. This year, five organizations divided over $9,000
to help them in their work in providing shelter for the needy.
CONTACT: Gary W. Parker, (703) 898-2730
Starting Date:
Annual
Number of People Involved:
Type of Program: Help for the Working Homeless
LOCAL PROGRAM-HOMELESS
Third District Minnesota Nurses Association
Minneapolis, MN
The Nurses' Clinic at the Minneapolis Salvation Army Harbor Light Shelter was
started in February 1986 by the Third District Minnesota Nurses Association. The Nurses'
Clinic provided health care to persons who were homeless and staying at the shelter. The
labor was provided by volunteer nurses and the supplies were donated. Third District
Nurses provided the management via a task force that was responsible for the clinic.
In 1989, the Task Force on Health Care for the Homeless was instrumental in
obtaining a McKinney Grant that funded public health nurses in all Minneapolis shelters.
Once that system was firmly established, the Nurses' Clinic ceased operating.
The Task Force on Health Care for the Homeless now serves as a health care
advisory board to the Salvation Army Harbor Light Shelter which is presently moving to a
larger facility where they will be providing expanded services.
CONTACT: Ellen M. McVay, (612) 874-6480
Starting Date: February 1986, One-time Project
Number of People Involved:
Type of Program: Wellness for the Homeless
LOCAL PROGRAM-MULTIPLE COMMUNITY SERVICE PROGRAMS
Greenville Association of Realtors, Inc.
Greenville, SC
The Greenville Association of Realtors, Inc. is actively involved in a wide variety of
community service programs. Only a few are listed here.
The Red Ribbon Campaign is a drug public awareness program. In 1990,
approximately 100 volunteer hours were spent providing 150 large red ribbons for
members to put on their office doors, 500 medium red ribbons for members to put on their
real estate yard signs and their mailboxes, and 1,100 lapel ribbons for members to wear
and/or give to their customers.
The Board also provided 612 "Sing NO to Drugs" kits to Greenville schools. This
was one kit consisting of a cassette tape and song book for each kindergarten, first, and
second grade class to use to promote National Red Ribbon Week, October 20-28. The
association arranged for one school to sing at the Greenville Red Ribbon Kickoff ceremony
on October 19 and another sang the songs for about 200 Realtors and U.S. Senator Fritz
Hollings on October 25.
This part of the Greenville Association of Realtors' Red Ribbon program is reaching
more than 20,000 children or approximately 80,000 people including their families.
For the fifth year, the association adopted the residents of Carolina Retirement
Center (a Medicaid facility near the office) at Christmas. A party was held for them,
complete with Santa Claus and entertainment. The residents were asked to prepare a
"wish list" of two to three items that they needed or would like to have. The member
companies adopted one or more residents and each resident had at least two brightly
wrapped gifts under the tree.
The association purchased 5,000 pencils with the Realtor and Fire Department logos
on them and the statement "I've Been Through the Greenville Fire Safety House" for
firemen to give to children who participate in the fire safety training given through the Fire
Safety House Program. This is also a continuing program with the Fire Safety House, the
robot, "Hydro," and Puppet Show being funded by the association over the past four years.
CONTACT: Doris G. Bramlett, (803) 232-1810 or
(803) 232-1819
Starting Date: Ongoing
Number of People Involved:
Type of Program: Multiple Community Service
Programs
LOCAL PROGRAM-MULTIPLE COMMUNITY SERVICE PROGRAMS
San Jose Real Estate Board
San Jose, CA
Since its founding in 1896, the San Jose Real Estate Board has been very actively
involved in promoting and supporting the health of the Santa Clara Valley through a wide
variety of community service activities. Through the years, SJREB members have raised
funds for many community needs, rehabilitated properties, sponsored educational
programs, provided opportunities for minority homebuyers, and raised more food for
hungry people in Santa Clara County than any other single organization.
Realtors Helping Their Community (RHTC) is a newly established fund comprising
a portion of Realtors' commissions from closed escrows. Funds are directed to urgent
needs in the community, currently the problem of homelessness. The Emergency Housing
Consortium is receiving a portion of the fund's principal and interest to support their
shelters and rehabilitation programs for the homeless in Santa Clara County.
The Santa Clara County Spelling Bee is sponsored by the Board each year to support
and promote good education. Winners go to the State Spelling Bee (which is sponsored by
the California Association of Realtors) and winners of the State competition go on to the
National competition in Washington, DC (which is sponsored by the National Association
of Realtors).
American Home Week is a week of community service activities, including
rehabilitation of senior citizens' homes, group homes for children, and other residences in
need of major rehabilitation. For American Home Week in 1990, members of the SJREB
built a playground on Emergency Housing Consortium property for children of homeless
families, and co-sponsored a fund-raising event for battered women and children.
CONTACT: Diane Brazil, (408) 998-7300,
FAX: (408) 920-0355
Starting Date: Ongoing
Number of People Involved:
Type of Program: Multiple Community
Service Programs
LOCAL PROGRAM-WELLNESS
Greater Cleveland Hospital Association
Cleveland, OH
The nation's first voluntary program to measure and compare the quality of patient
care is a collaborative effort of the Greater Cleveland Hospital Association, representing
over 60 area hospitals; the Academy of Medicine of Cleveland, representing 4,000
physicians; and the Health Action Council of Northeast Ohio, an association of businesses
which represents over 350,000 Clevelanders.
The program, "Greater Cleveland Health Quality Choice Project," is a three-step
process. First, it establishes agreed-upon criteria by which the quality of in-patient hospital
care will be measured regardless of payor source. The second phase includes collection
and interpretation of data; and the third step will be to provide that information to
purchasers of health care. The first analysis will begin to be available in January 1992.
The goal of the Greater Cleveland Health Quality Choice Project is to raise the
overall quality of health care.
Hospital services will be evaluated, including surgery, general medicine, intensive
care, pediatrics, and obstetrics and gynecology. Within each service, there will be
measurements related to specific groups of diagnoses and procedures.
The information gathered will be evaluated by an independent corporation, to be
established by the project's organizing entities. It will analyze the data and issue the
summary reports.
The project was initiated by the CEOs of 10 major Cleveland corporations. It has
also been endorsed by Cleveland Tomorrow, whose membership includes the CEOs of the
region's largest corporations.
CONTACT: Michael D. Tabris, (216) 696-6900
Starting Date: 1990, Ongoing
Number of People Involved:
Type of Program: Wellness
STATE PROGRAM-ALCOHOL EDUCATION
Oklahoma Malt Beverage Association
Oklahoma City, OK
In 1984, the Oklahoma Malt Beverage Association (OMBA) began to support the
development of Students Against Drunk Driving (SADD) chapters in the metropolitan
areas. Since then, the OMBA has continued to provide financial and public relations
(materials, speakers, etc.) support to SADD for five years up until 1989.
During this time, chapters were developed statewide. These chapters and beer
distributors have promoted alcohol-free graduation socials, extensive speaking
engagements at school functions on alcohol abuse and personal responsibility, and loaned
a film series to schools and churches. The programs have been considered very successful.
OMBA is presently developing a program to help prevent child abuse.
CONTACT: Oliver Delaney, (405) 232-6622
Starting Date: 1985, Five-year project
Number of People Involved:
Type of Program: Alcohol Education
STATE PROGRAM-CAMP FOR DISADVANTAGED YOUTH
The Kentucky Sheriffs' Association
Gilbertsville, KY
In 1975, The Kentucky Sheriffs' Association originated the Kentucky Sheriffs' Boys
and Girls Ranch, a summer youth camp for disadvantaged children in Kentucky. They
have successfully sponsored this camp for the past 15 years, providing some of the
financial support to the camp for the operation. In addition to the financial help given, the
county sheriffs are responsible for the selection of and transportation for the children
attending camp.
The Kentucky Sheriffs' Association sponsors many fund-raising projects for the Boys
and Girls Ranch such as softball tournaments, golf tournaments, country music shows,
dances, car give-aways, calendar sales, and many other fund-raising projects.
They volunteer their time to work at the Ranch, doing everything from mowing
grass to helping cook the meals and cleaning up afterwards. They are always working to
obtain goods and services for the Boys and Girls Ranch, free of charge, and constantly
promote the camp program.
The camp program is designed for 9-13 year-old children. They spend a week at the
camp, coming in on Sunday afternoon and leaving on Friday. They are involved in all
outdoor sports, swimming, arts and crafts, field trips to the Land Between the Lakes,
movies, skating, nature hikes, water slide, and other group games. An excellent drug
abuse and prevention program is offered with the Marshall County Sheriff's Department
taking part in the program. The local Child Watch organization presents their program to
the children and for the spiritual needs, puppet ministries presented by local area churches
are scheduled.
The children are given three meals a day, plus snacks. Everything they will need at
camp is provided for them free of charge including soap, toothpaste, shampoo, and other
personal items the children may not be able to bring with them.
The Kentucky Sheriffs' Boys and Girls Ranch is now recognized as the largest
summer youth camp of its kind in the nation. It serves over 1,000 children each summer at
a cost of $150 per child per week.
CONTACT: Ray H. Stoess, (502) 362-8660
Starting Date: 1985, Annual
Number of People Involved:
Type of Program: Camp for Disadvantaged Youth
STATE PROGRAM-DRUG AWARENESS
Florida Roofing Sheet Metal & Air Conditioning Contractors Assn., Inc.
Winter Park, FL
Under the direction of Florida Roofing Sheet Metal & Air Conditioning Contractors
Association (FRSA), the FRSA Spouses formed a 1990 Spouse Red Ribbon Committee to get
100% membership participation in Red Ribbon Week, October 20-28.
The committee mailed approximately 700 Red Ribbon stickers for distribution to its
members' employees. The Spouse Red Ribbon Chairwoman addressed the FRSA Board of
Directors and encouraged all members to place the Red Ribbon stickers inside the
windshield of their company trucks and those of their employees.
Also included in the membership awareness plan were several Red Ribbon ads
which appeared throughout the year in Florida Forum, the FRSA's monthly magazine.
The committee organized a Red Ribbon Poster Contest for all FRSA member
children attending their 68th Annual Convention. Those children who did not submit
posters early were allowed to draw posters as part of the convention activities. Trade show
attendees served as judges, voting on the posters with the best message. The theme for the
contest was "My Choice Drug Free." First, second, and third prizes were given in three age
groups.
The Spouses shared a trade show booth with the Drug Awareness Task Force and
placed "My Choice Drug-Free..." stickers on the badges of those coming by the booth. The
committee also sold "Just Say No" pins. After covering costs, the committee donated the
remainder of the money raised (over $500) to the Drug Awareness Task Force to fund their
"Worker's At Risk Kits" (targeted to drug/alcohol-using employees).
To further the enthusiasm and participation in Red Ribbon Week, a drug-free
proclamation was sent to all FRSA member companies to post in their offices. Members
were also sent a "Tip Sheet" giving them several ideas on how their companies could
participate in Red Ribbon Week.
CONTACT: Glenda Arango-Meekins, (407) 671-3772,
FAX: (407) 679-0010
Starting Date: 1990, One-time Project
Number of People Involved:
Type of Program: Drug Awareness
STATE PROGRAM-EDUCATION
The Georgia Pest Control Association
Duluth, GA
The Georgia Pest Control Association (GPCA) developed a program to teach school
children, ages 7-8, about the safe use of chemicals and pesticides in their environment and
the professionalism of the pest control industry. The program was established in July 1990
and, to date, there have been 50 inquiries and 30 programs set in place.
GPCA contacted 200 state school districts and arranged speakers from their
community and from the industry to present a 20 to 30 minute program about the safe use
of chemicals, the training and education required for the industry, and the entomology of
certain insects which affect food fiber, health, and structure.
By involving many small businesses in the education of the school children, GPCA
is able to acquire a better understanding among the consumers about the service that they
provide. This enhances the businesses that GPCA represents as well as providing sound
information to students in an area which relatively little information is provided.
CONTACT: Valera B. Jessee, (404) 476-0827
Starting Date: July 1990, Ongoing
Number of People Involved:
Type of Program: Education
STATE PROGRAM-FITNESS
The Professional Golfers Association of America
North Florida Chapter
Daytona Beach, FL
The PGA of America, through its member professionals, has been the primary
promoter of Junior Golf in this country. One of the programs developed by the Association
is called "First Swing," a ten week packaged curriculum for physical education teachers at
the middle school level.
The North Florida Section of the PGA got serious about its Junior Golf promotion a
little over a year ago with the first statewide Junior Golf Summit. The section Junior
Chairman (who is also a PGA Professional) brought together the leaders of the 13 major
junior associations in the state, and representatives from the PGA of America and the State
of Florida Department of Education to establish a plan to coordinate junior golf activities
statewide.
An off-shoot of that meeting was a call from the state inviting the chairman and his
committee to make a presentation on "First Swing" to a convention of middle school
physical education teachers in Tallahassee. The reception to this program has been
phenomenal.
The committee is now in the process of creating an organization that will bring
together the three separate PGA Sections in Florida and their 2,500 plus members and
apprentices to introduce golf, "The Game of a Lifetime," to every seventh grade student in
Florida with minimal or no cost to local schools or the county Boards of Education.
CONTACT: Jerry Porter, (904) 252-0557
Starting Date: 1989, Ongoing
Number of People Involved:
Type of Program: Fitness
STATE PROGRAM-FUND RAISING
Pennsylvania Restaurant Association, Inc.
Harrisburg, PA
The Pennsylvania Restaurant Association has, for the past 32 years, worked with the
Easter Seal Society of Pennsylvania on the Buck-A-Cup Campaign. Participating
restaurants sell the Buck-A-Cup pins, $1 tab or $10 gold sponsor, during two weeks in
March. The purchasers of the pins can then redeem them for coffee or another drink
(depending on the establishment) in any participating restaurant on Coffee Day. The PRA
has collectively raised in excess of $7 million over the years.
The Central Chapter alone, of the Restaurant Association, has raised nearly one
million dollars for the Tri-County Easter Seal Society helping to make it the top Buck-A-
Cup Society in the nation for the past six years. 1991 will be the year the $1 million mark is
achieved.
The Lancaster Chapter has had the top fund-raising restaurant in the nation for the
past two years, The Bird-In-Hand Restaurant, in Bird-In-Hand, PA. The two Bird-In-Hand
Restaurants in Lancaster County have combined to raise well over $20,000 in the past two
years alone.
The desire to help the kids of Easter Seals and the friendly competition among the
restaurants to be the #1 fund raiser has led to very creative ways to raise money during the
two weeks of the Buck-A-Cup Campaign, from car washes to 50's dances. All the hard
work by participating restaurants has built a very successful campaign that has grown
every year.
CONTACT: Michael L. McGovern, (717) 232-4433
Starting Date: 1968, Annual
Number of People Involved:
Type of Program: Fund Raising
STATE PROGRAM-MULTIPLE COMMUNITY SERVICE PROGRAMS
Wisconsin Automobile & Truck Dealers Association
Madison, WI
The Wisconsin Automobile & Truck Dealers Association is involved in three projects
at this time.
One project is called AUTOCAP of Wisconsin is a free, consumer complaint
mediation service set up by auto and truck dealer members to resolve disputes between
owners, participating dealers, and manufacturers. The purpose of AUTOCAP is to give
useful information and advice to consumers; and to advise the consumer on how to
resolve questions and misunderstandings with the dealer, whom to talk to, and what to
expect in response. AUTOCAP case decisions are binding upon members, not upon the
consumer.
In 1987, WATDA endorsed a plan to help Rawhide Boy's Ranch, a nonprofit,
rehabilitation home for troubled, court-referred Wisconsin juveniles. WATDA members
are helping rebuild young men's lives by donating used cars and trucks that can be rebuilt
through Rawhide's vehicle improvement program, and sold by Rawhide's wholesale
dealer actions. Over 200 members are volunteering their dealerships as drop-off locations
for publicly donated vehicles as well. Members also make cash contributions. WATDA
has met over one-half of its $300,000 commitment to build a home and counseling center in
1992 which will house more disadvantaged teenage boys.
In addition, WATDA and an ad hoc advisory committee, comprised of educators
and dealership personnel, are working to solve the problem of a critical shortage of
qualified, professional vehicle technicians by working with local high schools to recruit.
CONTACT: Gary D. Williams, (608) 251-5577,
FAX: (608) 251-4379
Starting Date:
Number of People Involved:
Type of Program: Multiple Community
Service Programs
STATE PROGRAM-PRO BONO SERVICES FOR MILITARY
Kansas Bar Association
Topeka, KS
Military activation has been foremost on the minds of National Guard members and
military reservists all across Kansas. As military call-ups to the Persian Guilf increase,
lawyers are making a patriotic contribution to local service men and women.
The Kansas Bar Association introduced a new public service program called "Project
Call-Up." Beginning in September 1990, the KBA began acting as a clearinghouse to
lawyers who volunteered to prepare or update a simple will and/or power of attorney at
no charge. Any member of a military reserve unit in the state is eligible to participate.
Volunteer lawyers are available to be called by the Kansas National Guard to staff their
nearest armories to provide legal services on-site in the event of a full mobilization.
The program was announced to the media statewide during a news conference and
the KBA plans to maintain interest through public service announcements. More than 50
referrals were made through October.
As a Project Call-Up volunteer, lawyers are required to (1) carry liability insurance;
(2) determine eligibility by examining active duty orders; (3) identify approximate
activation date and schedule appointments so the legal work may be executed by that date;
and (4) limit service to simple wills and powers of attorney at no charge.
Military activation provides a great opportunity for the profession to perform a
valuable public service. It has shown the legal community's true patriotic colors.
CONTACT: Karla Beam, (913) 234-5696,
FAX: (913) 234-3813
Starting Date: September 1990, Ongoing
Number of People Involved:
Type of Program: Pro Bono Services for
Military
STATE PROGRAM-VOCATIONAL EDUCATION
Vermont Automobile Dealers Association
Montpelier, VT
More than 150 Vermont Automobile Dealer Association members and friends
attended the Dedication Ceremony of the Vermont Technical College Automotive
Technology Center in September 1990. The center was dedicated to the students of the
Automotive Technology Program, a program designed to provide highly skilled service
technicians who understand the increasingly complex mechanical, electrical, and computer
systems on which today's automobiles depend.
VADA participated in every aspect of this program-from curriculum development
to building design, and VADA members and friends donated the entirely new $434,000
facility to Vermont Technical College. It is equipped with an array of state-of-the-art
equipment. The first year class will consist of 25 students.
As the state's only public two-year technical college, Vermont Technical College is a
logical choice for the proposed Automotive Technology program. VTC has ten programs
which lead to associate in engineering and associate in applied science degrees, in addition
to the preparatory pre-technology curriculum.
In addition, the VTC Center for Business and Industry works extensively with
Vermont businesses to develop educational and training programs suited to the needs of
the industry.
CONTACT: Marilyn B. Miller, (802) 223-6635
Starting Date:
Number of People Involved:
Type of Program: Vocational Education
STATE PROGRAM-WELLNESS
The Greater Houston Dental Society
Houston, TX
During February 1989, a liaison was formed between the Greater Houston Dental
Society (GHDS) and the Big Brothers/Big Sisters of Houston to provide dental care for the
children of the Big Brothers organization who are financially unable to obtain needed care.
The Houston Chapter of the Big Brothers and Sisters is a nonprofit United Way
Agency, which has 499 children between the ages of 7-14, from all economic levels (most
are poverty level), enrolled in the program. There are 400 qualified children on a waiting
list. The GHDS Dental Program provides care for 148 children. Before the children are
assigned to the dental program, they are screened for financial need as well as behavioral
history.
In April 1989, the GHDS members were sent a letter announcing the program and
the guidelines for the participants, accompanied by a return card for those dentists wishing
to participate. There are 148 participating dentists, with more willing to participate if there
is a need. From the first response for volunteers, 400 out of 1500 members offered their
services.
Each volunteer dentist receives the name of a child, the parent's name, address,
phone (if any), and the name of the attached case worker. The case worker helps to set up
the initial exam appointment and work out transportation and supervision for the child.
Routine treatment is performed in the dentist's own office during mutually agreeable
hours. The dentist actually adopts a child for dental care and treats them as if they were
his own. If specialty care is needed, a referral is made by the committee. Orthodontics is
not routinely available, however, several especially needy children are being
orthodontically treated. If, for any reason, the dentist cannot work with the assigned child,
the child is reassigned.
The dental program has been working well in Houston for one year. Since there are
component dental societies and Big Brothers Chapters in almost every major metropolitan
area, the program is a natural for expansion. The program is almost self sufficient except
for administrative costs and occasional laboratory fees for crowns and orthodontics.
CONTACT:
Starting Date: April 1989, Ongoing
Number of People Involved: 150 members
Type of Program: Wellness
NATIONAL PROGRAM-AIDS AND ILLITERACY EDUCATION
Public Relations Society of America
New York, NY
The Public Relations Society of America (PRSA) has a Public Service Committee
which formulates ideas and guidelines for public service programs to be enacted by the 101
chapters.
The committee's 1990 public service program encompasses three categories: (1)
literacy; (2) AIDS education; and (3) chapter's choice, in which individual chapters are
encouraged to pursue public service campaigns to benefit local causes.
More than half of PRSA's chapters are carrying out at least one public service
project, with 80% of those projects focusing on a cause of the chapter's choosing. The
remainder concentrate their efforts on literacy and AIDS education.
The National Capital Chapter (Washington, DC) has undertaken five public service
projects over the past year. Chapter members created a resource guide, listing drug
treatment centers and commonly abused drugs, for use by journalists doing stories on
substance abuse. Other projects include organizing annual workshops for local nonprofit
organizations to learn public relations techniques, and working with local high schools to
develop a public relations curriculum.
The Alaska Chapter produced a public service announcement aimed at educating
teens about AIDS. Three Anchorage radio stations are airing the spot.
The Maryland Chapter continued its 1989 literacy campaign by working on a 10-
minute video entitled "Making Baltimore the City That Reads" for use in combatting
illiteracy.
CONTACT: Elizabeth Ann Kovacs (212) 995-2230
Starting Date:
Number of People Involved: Over 50 chapters
Type Of Program: AIDS and Illiteracy Education
NATIONAL PROGRAM-ENVIRONMENT
Telephone Pioneers of America
New York, NY
The Telephone Pioneers of America, a nonprofit association of active and retired
telecommunications employees, initially began a program in March 1989 to plant one tree
for each of the organization's 800,000 members as a long-term reminder of the benefits of
volunteerism. The goal of the massive reforestation program was to commemorate the
20th anniversary of Earth Day with a celebration of volunteer environmental efforts
everywhere.
Just four months later, however, Pioneer planters already had over 915,000 seedlings
and trees in the ground. In September 1990, the Pioneers marked the achievement with the
planting of a ceremonial one millionth tree in Atlanta, GA, where the organization held its
65th General Assembly.
The projected spring 1991 total of over 1,169,500 trees, according to the American
Forestry Association, would constitute a "Pioneer Forest" collectively equivalent to some
1,800 acres or nearly 30 square miles.
The initial funding for the ESP effort came from a special one-time grant from AT&T
of $50,000. The Pioneer plan was to use the money to purchase and plant seedlings in such
diverse areas as the plains states, where trees are used as windbreaks, and along the
southern Atlantic coastline, where much needed sea oats destroyed by Hurricane Hugo
required replenishing. The funds were also destined for use in planting trees in
schoolyards and other municipal areas to further encourage environmental awareness and
education.
Participating Pioneer chapters not only contributed another $53,000 of their own
funds, they also formed working relationships and obtained donations of thousands of
additional seedlings from state agencies, local communities, businessmen, and private
citizens.
CONTACT: Sue G. Saunders, (212) 393-2512
Starting Date: March 1989, On-going or One-time project (?)
Number of People Involved:
Type of Program: Environment
NATIONAL PROGRAM-ILLITERACY AWARENESS
Binding Industries of America
Chicago, IL
The Binding Industries of America (BIA), the international association of trade
binderies and loose leaf manufacturers, initiated an illiteracy awareness program that
included the development and distribution of a dramatic series of posters to its 340
member companies for display in plants across the country and in Canada. Each poster
carries a 1-800 number that will lead an individual to a local outlet for help in overcoming
illiteracy.
In addition to the creation and distribution of the posters, BIA created, in
cooperation with ABC television, an equally dramatic videotape which was distributed to
all member companies for internal use.
The BIA poster series has received wide circulation and has also been used as the
subject for editorial material which appeared in a wide cross section of industry magazines,
and several of the nationally circulated magazines ran the posters in their publications on a
monthly basis as a public service.
A nationwide Governors program was also instituted where local BLA members
contacted their respective Governors for a poster presentation photo opportunity. To date,
a dozen Governors from coast-to-coast have participated and photos and captions have run
in a number of newspapers in each of the respective states.
In addition to the visibility effort, a number of BIA companies have become very
involved in their own communities and now sit on boards designed to eliminate
countywide and statewide illiteracy problems.
The BIA poster series is now available to the entire spectrum of business and
industry. The posters are now being displayed in plants and offices of large corporations
and small businesses, as well as public places.
CONTACT: James Niesen, (312) 372-7606
Starting Date:
Number of People Involved:
Type of Program: Illiteracy Awareness
NATIONAL PROGRAM-IN-KIND DONATION
National Association of Hosiery Manufacturers
Charlotte, NC
Each year, hosiery manufacturers are faced with the problem of what to do with
production overruns, out of season goods, returns, samples, and other items that are
unsellable. Thousands of pairs of pantyhose and socks, including infants and childrens'
goods, go to waste, many of them simply adding to the solid waste problem. Sound
business practices dictate that firms should recoup as much of the costs of materials and
production overhead as possible, and yet they are challenged to do it in a manner that does
not negatively impact on the conventional price structure of the marketplace.
The answer is through the careful placement of donated, usable goods to a reputable
organization in a tax deductible manner that will allow for some cost recoupment while
helping the needy. But hosiery manufacturers have neither the time nor expertise to search
out the proper avenues for such donations, or to investigate and monitor the activities of
the many different organizations that claim to be there to help.
That is the purpose of The Hosiery Industry Cares Foundation. The Foundation,
utilizing the staff of the National Association of Hosiery Manufacturers, has developed and
will maintain a list of charitable institutions that need hosiery donations. And the systems
developed by the Foundation provide the appropriate documentation for tax deductions.
Complete packets of information about how to make donations have been prepared
and distributed to hosiery manufacturers, making the whole process simple and available
throughout the year as opportunities arise. It also provides flexibility for the hosiery
manufacturers to continue to pick and choose certain charitable organizations or
geographic areas for the philanthropic efforts.
But most importantly, the Hosiery Industry Cares Foundation provides the vehicle
for connecting the American hosiery industry's desire to help, with the desperate need to
provide clothing for low income families who need appropriate clothes for school and
work, and to encourage them to become and remain productive members of society.
CONTACT: Colleen Williams, (704) 365-0913
Starting Date: Ongoing
Number of People Involved:
Type of Program: In-Kind Donation
NATIONAL PROGRAM-PUBLIC HEALTH EDUCATION
American Association of Orthodontists
St. Louis, MO
The American Association of Orthodontists new public awareness program includes
advertising, public relations, and special events. Advertising is targeted primarily toward
adult women, while the remainder of the efforts will be directed at the general population.
AAO hopes to encourage adults, in particular, to consider the health, psychological, and
cosmetic benefits of orthodontic treatment.
A unique part of the program is based on computer imaging. The AAO has
developed its own computer, "Smile Bank," which helps to demonstrate how effective
orthodontics can be. Photographs of hundreds of finished cases were contributed by
orthodontists across the U.S., creating a data bank that is believed to be the only one of its
kind in existence today.
The Smile Bank enables the orthodontist to give a potential patient an idea of what
their smile might look like after undergoing orthodontic treatment. Participants can
receive a "before-and-after" color photograph, generated by the AAO's computer. While
the resulting photograph is only an approximation of what orthodontics can accomplish, it
can be useful for helping a patient to understand the possible results of treatment.
Orthodontics can accomplish far more than just straightening teeth. Orthodontists
are helping patients improve self-esteem, help eliminate potential problems such as tooth
decay or gum disease, and solve other health problems. The AAO hopes its new computer-
imaging program will paint a more realistic picture of orthodontics for all Americans,
regardless of their ages.
CONTACT: Terry Wolf, (314) 993-1700,
FAX: (314) 997-1745
Starting Date: 1990, Ongoing
Number of People Involved:
Type of Program: Public Health Education
02-25-91 12:02PM
P01/**
EDUCATION OF EDUC ATION
UNITED STATES DEPARTMENT OF EDUCATION
UNITED STATES of AMERICA
OFFICE OF INTERGOVERNMENTAL AND INTERAGENCY AFFAIRS
91 FEB 25 P12:
FAX COVER SHEET
DATE: 2/25 , 1991
TO:
Carolyn Cawley
ORGANIZATION:
The white House
FAX #:
456-6218
TELEPHONE #:
FROM:
Lorraine Coluille
FAX #:
(202) 401-1971 ROOM: 3073
FTS FAX #: 8-441-1971
TELEPHONE #: (202) 401-
NUMBER OF PAGES, INCLUDING THIS COVER SHEET 5
MESSAGE:
Carolyn
I hope the is the gride you wonted
the the one Perihaton used.
donam
02-25-91 12:02PM
P02/**
OF
UNITED STATES DEPARTMENT OF EDUCATION
UNITED STATES OF AMERICA
OFFICE OF INTERGOVERNMENTAL AND INTERAGENCY AFFAIRS
February 25, 1991
MEMORANDUM
TO
:
Carolyn Cawley
The White House
Dr. Lorraine
Colville Chille
FROM
:
Director, Regional Liaison
SUBJECT: Quote from Jefferson
Attached are the pages from "Eloquence" which contained the quote
and the reference to the primary source (from the "Notes").
Please let me know if there is anything else you may need or
want.
400 MARYLAND AVE., S.W. WASHINGTON, D.C. 20202
P03/**
FIOQUENCE
an in Electronic
Age
The
Transformation
of Political
Speechmaking
Kathleen Hall Jamieson
9º
ELOQUENCE IN AN ELECTRONIC AGE
specifying grounds to which the community assents and by stipulating
patterns of language whose use speaks the communal bond, they create
a rhetorical community. Through synecdochic phrases, a community
absorbs and transmits its interpretation of its own history. So, for ex-
ample, the history of the United States can be captured in such phrases
as "all men are created equal," "government derives its just powers from
the consent of the governed," "government of the people, by the peo-
ple, for the people," "Liberty and union, now and forever, one and
inseparable." Presidencies also can be capsulized by synecdochic mark-
ers. "Make the world safe for democracy" is to Wilson's presidency what
"Ask not what your country can do for you, ask what you can do for
your country" is to Kennedy's.
The raw materials of which these statements are forged often pre-
exist their memorable embodiment. Eloquent rhetors mine this mate-
rial and fashion it to their purposes. So, for example, Jefferson's stat-
ure is enhanced by the felicitous phrases etched into the stone of the
Jefferson Memorial and into the nation's consciousness even though
the same ideas had been expressed, albeit in a more pedestrian form,
by others before him. To appreciate Jefferson's genius we need only
recall how incisively he reworked Mason's "Declaration of Rights" for
Virginia. Mason had written: "all men are created equally free and in-
dependent, and have certain inherent natural rights, of which they can-
not, by any compact, deprive or divest their posterity; among which are
the enjoyment of life and liberty
happiness and safety
all
power is by God and Nature vested in, and consequently derives from.
the people."¹ Mason's cumbersome statements are transformed into
grounding premises (archai) through the workings of Jefferson's pen.
Memorable phrases that serve as the premises from which other dis-
course is built often must wait for an eloquent rhetor to impress them
in history and on the collective memory. When that occurs, they draw
part of their stature as grounding premises precisely from the consent
they merited before their felicitous expression. So John Adams' sharp-
lipped observation that there were no ideas in the Declaration "but what
had been hackneyed in Congress for two years before"2 is to Jeffer-
son's credit, not his shame. As Jefferson repeatedly noted, he had not
intended to "invent new ideas" but rather to express "the American
mind. "3 Similarly, we mistakenly attribute Jefferson's "entangling alli-
ances with none" to the first president while forgetting Washington's
similar admonition because, to borrow criteria from Cicero, Jefferson's
formulation is more accommodatus, aptus, congruens.
But the existence of an eloquent spokesperson does not of itself as-
sure that the raw material will be fashioned into a remembered phrase.
02-25-91 12:04PM
P05/**
NOTES
263
74. Burgoon, Dillard. and Doran, pp. 283-94
75. Benze and Declereq. pp. 278-83.
1588.
76. Swacker, pp. 76-8g.
claim
77. Gardiner. P. 185.
hut I
78. Bogan, p. 13.
79. Ruthven, p. 93.
8o. Bettleheim, P. 153.
81. Guazzo, 1. P. 6y.
8z. Ibud.
83. Spectator, 3. p. 376.
84. Bromberg-Ross, PP. 9-11. Bogan: Harding; Kalcik, PP. 3-11.
85. Sadker and Sadker, PP. 54-57.
86. Infante, pp. 96-103.
87. Johnson and Stanwick. Chapters 1 and 2.
88. Hedlund et al., p. 518.
8g. Werner and Bachtold. pp. 79-83.
90. Constantini and Craik, p. 226.
91. Interview. September. 1987. Blakely is the Director of Advertising for Smith
and Harroff.
92. Shabad and Andersen, pp. 18-35.
es of
93. Nie et al., p. 319.
mu-
94. Quoted by Campbell and Jerry. in press.
give
95. Gehlen. p. 39.
maj-
96. Smith, pp. 384-96.
fig-
97. Cf. Baxter and Lansing, p. 57.
98. Campbell et al., p. 490.
99- Baxter and Lansing, p. 50.
100. Benze and Declercq. pp. 278-83.
Chapter 5
1. Reprinted in Miller, George Mason, p. 39-
2. Works of John Adams, 11, 512.
3. The Writings of Thomas Jefferson (ed. 1869), VII, PP. 304, 407, quoted by
Becker in The Declaration of Independence, PP. 25, 26.
4- The Writings and Speeches of Daniel Webster, vol. 4. pp. 244.
5. Lincoln, Works, vol. 2, pp. 466-67.
er-
6. See Lincoln (February 14, 1860), vol. 3. P. 520, vol. 2, P. 461.
KV
7. Vital Speeches, p. 611.
he
8. (February 15. 1973). Vital Speeches, p. 267. A campaign commercial of Nix-
ic.
on's in 1968 foreshadows Nixon's synecdochic repudiation of Kennedy's
IP
theme. In the commercial, Nixon stated: "I am asking not that you give
something to your country, but that you do something with your country;
I am asking not for your gifts, but for your hands."
9. Heffner. p. 109.
10. (September 30, 1917), The Works of Theodore Roosevelt, Memorial ed. vol.
XX, p. 520.
11. (September 6, 1918). National ed., XIX, 270. See also Memorial ed., vol.
XXI. p. 284.
THE
20
But in the tradition of old gu:
der, a new and hastily construct
of planned and institutionalized
retreating to a position where tl
The Case Against "Tokenism"
attend all-white schools or allow
of one Negro to a thousand wl
places from all-out, unrestraine
The veteran civil rights leader here argued that "token integration" would not
delaying tactics, embodied in t
satisfy African Americans, because "a new sense of somebodiness" had revolu-
most difficult problems that the
tionized blacks' self-conception about their role in American society.
am confident that this strategen
tempt to mobilize massive resist
What of the future? Will it b
A few weeks ago, I was convicted in the City Court of Albany, Georgia,
past? This is not easy to answer
for participating in a peaceful march protesting segregated conditions
be resistance-but I am convinc
in that community. I decided, on the basis of conscience, not to pay the
turn. Many of the problems to
fine of $178 but to serve the jail sentence of forty-five days. Just as I was
white South to maintain a systen
about to get adjusted to my new home, Rev. Ralph D. Abernathy and I
under a feudalistic plantation sy:
were notified that some unknown donor had paid our fines and that we
cratic age.
had to leave the jail. As the Atlanta Constitution suggested shortly after,
If the South is to grow econon
we have now reached a new landmark in race relations. We have wit-
Day after day, the South is receiv
nessed persons being ejected from lunch counters during the sit-ins and
and with the growth of urban S(
thrown into jails during the freedom rides. But for the first time we wit-
will gradually pass away. The ai
nessed persons being kicked out of jail. [Just over a week ago, while
chasing power of the Negro and
holding a prayer protest outside the city hall in Albany, Georgia, Dr.
care, greater educational oppo:
King was arrested again and returned to jail.]
And every such development
Victor Hugo once said that there is nothing more powerful in all the
segregation.
world than an idea whose time has come. Anyone sensitive to the pres-
In spite of screams of "over m'
ent moods, morals and trends in our nation must know that the time for
changes that have come to the S
not be overlooked. There are al
racial justice has come. The issue is not whether segregation and dis-
tion, court orders and executive
crimination will be eliminated but how they will pass from the scene.
During the past decade, some intelligent leaders in the South have
are ineffective because they car
recognized inevitability. Others, however, have tried vainly to stop the
that you cannot legislate morals.
wind from blowing and the tides from flowing. These recalcitrant
cannot be legislated, behavior Ca
forces authored concepts like nullification and interposition, along with
The law may not change the h
such uglier evils as bombings, mob violence and economic reprisals. But
It will take education and religi
the idea whose time had come moved on. Over the rubble left by the
but legislation and court orders
violence of mobsters, many communities resumed their normal activi-
eral court decrees have, for ex:
ties on a new basis of partial integration.
and changed educational mores-
These changes have been unevenly distributed and in some communi-
people are being altered every C
ties may be barely perceptible, yet enough has been accomplished to
social changes have a cumulative
life.
make the pattern of the future sharply clear. The illusions of the die-
More and more, the voice of th
hards have been shattered and, in most instances, they have made a hur-
still true that the church is the
ried retreat from the reckless notions of ending public education and
closing parks, lunch counters and other public facilities.
America. As a minister of the go
o'clock on Sunday morning-wh
106
THE CASE AGAINST "TOKENISM" / 107
But in the tradition of old guards, who would die rather than surren-
20
der, a new and hastily constructed roadblock has appeared in the form
of planned and institutionalized tokenism. Many areas of the South are
retreating to a position where they will permit a handful of Negroes to
Against "Tokenism"
attend all-white schools or allow the employment in lily-white factories
of one Negro to a thousand whites. Thus, we have advanced in some
places from all-out, unrestrained resistance to a sophisticated form of
ter here argued that "token integration" would not
delaying tactics, embodied in tokenism. In a sense, this is one of the
because "a new sense of somebodiness" had revolu-
most difficult problems that the integration movement confronts. But I
on about their role in American society.
am confident that this strategem will prove as fruitless as the earlier at-
tempt to mobilize massive resistance to even a scintilla of change.
What of the future? Will it be marked by the same actions as in the
past? This is not easy to answer with precision. Certainly there will still
onvicted in the City Court of Albany, Georgia,
be resistance-but I am convinced the old South has gone, never to re-
ceful march protesting segregated conditions
turn. Many of the problems today are due to a futile attempt by the
ided, on the basis of conscience, not to pay the
white South to maintain a system of human values that came into being
the jail sentence of forty-five days. Just as I was
under a feudalistic plantation system and that cannot survive in a demo-
my new home, Rev. Ralph D. Abernathy and I
cratic age.
ınknown donor had paid our fines and that we
If the South is to grow economically, it must continue to industrialize.
the Atlanta Constitution suggested shortly after,
Day after day, the South is receiving new, multimillion-dollar industries
new landmark in race relations. We have wit-
and with the growth of urban society the folkways of white supremacy
cted from lunch counters during the sit-ins and
will gradually pass away. The arrival of industry will increase the pur-
he freedom rides. But for the first time we wit-
chasing power of the Negro and with that will come improved medical
cked out of jail. [Just over a week ago, while
care, greater educational opportunities and more adequate housing.
: outside the city hall in Albany, Georgia, Dr.
And every such development will result in a further weakening of
and returned to jail.]
segregation.
that there is nothing more powerful in all the
In spite of screams of "over my dead body will any change come," the
e time has come. Anyone sensitive to the pres-
changes that have come to the South as a result of federal action must
ends in our nation must know that the time for
not be overlooked. There are always those who will argue that legisla-
The issue is not whether segregation and dis-
tion, court orders and executive decrees from the federal government
nated but how they will pass from the scene.
are ineffective because they cannot change the heart. They contend
le, some intelligent leaders in the South have
that you cannot legislate morals. But while it may be true that morality
Others, however, have tried vainly to stop the
cannot be legislated, behavior can be regulated.
1 the tides from flowing. These recalcitrant
S like nullification and interposition, along with
The law may not change the heart-but it can restrain the heartless.
It will take education and religion to change bad internal attitudes-
ings, mob violence and economic reprisals. But
but legislation and court orders can control their external effects. Fed-
1 come moved on. Over the rubble left by the
any communities resumed their normal activi-
eral court decrees have, for example, altered transportation patterns
and changed educational mores-so that the habits, if not the hearts, of
rtial integration.
een unevenly distributed and in some communi-
people are being altered every day by federal action. And these major
eptible, yet enough has been accomplished to
social life. changes have a cumulative force conditioning other segments of
future sharply clear. The illusions of the die-
ed and, in most instances, they have made a hur-
More and more, the voice of the church is being heard-although it is
ckless notions of ending public education and
still true that the church is the most segregated major institution in
America. As a minister of the gospel, I am ashamed to say that eleven
nters and other public facilities.
e'clock on Sunday morning-when we stand to sing "In Christ There Is
106
Ref.
AE5
E4 VOLUME 1
A to Anjou
1989
V.I
WH
THE ENCYCLOPEDIA
AMERICANA
INTERNATIONAL EDITION
COMPLETE IN THIRTY VOLUMES
FIRST PUBLISHED IN 1829
GROLIER INCORPORATED
International Headquarters: Danbury, Connecticut 06816
768
CIVIL RIGHTS AND LIBERTIES
CIVIL RIGHTS AND LIBERTIES. The terms "civil
of values. While most discussion, and this arti-
liberties" and "civil rights" have no fixed and
cle, focuses on how that adjustment is made by
uniform definition. Often they are used broadly
law, private institutions also play an important
and interchangeably. One way of distinguishing
role in determining the practical bounds of indi-
the two phrases is to say that a person enjoys a
vidual freedom. If, for example, major private
civil "liberty" when he is protected against some
companies discharged employees who expressed
government action, but enjoys a civil "right"
unpopular opinions, many persons would hesi-
when the law confers upon him a positive power
tate to exercise their legal privilege to speak
to do something. Thus the right to speak freely
freely. More subtle influences, such as possible
would be a civil liberty; the right to use public
rejection by friends and acquaintances, also con-
facilities on an equal basis would be a civil
strain uninhibited discussion.
right.
In common usage "civil rights" often refers
THEORY AND HISTORY
specifically to the rights of minority groups to
The kinds of civil liberties and rights enjoyed
equal treatment, and sometimes the phrase is
in the United States and other democracies are
CI
used to mean nonpolitical rights granted by law,
the product of an essentially modern view of the
such as the right to own property. However the
nature of man and society. It is by no means the
line is drawn between them, civil liberties and
only modern view. Dictatorships, for example,
civil rights taken together encompass freedom of
whether Fascist or Communist, rest on other con-
speech and religion, the rights afforded to crimi-
ceptions.
nal suspects, the rights of citizens to participate
Liberal Democratic View. The liberal democrat
p
in the political process, and the right to equal
believes that every person has inherent worth.
treatment under law. Civil rights, in certain
Fulfillment of the individual may include partic-
contexts, may also be meant to include basic eco-
ipation not only in political and social life but
nomic and social rights.
also in religious, artistic, intellectual, and other
Civil liberties and civil rights are considered
activities that should not be subject to control by
a cornerstone of a free society. They indicate
government. Individuals should have the
the ways in which a society protects individual
chance to work out their own destiny, insofar as
freedom. But "freedom" also has many mean-
that is possible and consistent with the interests
ings. The word may be used to mean the
of others.
absence of external restraint. In that sense, poor
Because truth and justice in political and so-
persons in the United States as well as rich ones
cial affairs are difficult to ascertain, they are
P
are free to travel to Europe. A second meaning
generally best arrived at by free and open discus-
of freedom requires that a person have the oppor-
sion. Unrestrained discussion is not only a legit-
tunity to do something before he can be consid-
imate outlet for dissent, but it reduces the likeli-
ered free to do it. In that sense, only those who
hood of more violent forms of social protest.
can pay are free to go to Europe. A third sense
Because government officers are sometimes arbi-
of freedom is the freedom to do what is right.
trary, and because the majority of the people may
Some thinkers have reasoned that a person is
disregard claims of individual liberty in times of
genuinely free only when he or she believes
crisis or supposed crisis, the claims of individual
what is true and does what is morally correct.
liberty should be protected either by legal rules
They argue that the freedom to believe error and
that bind the legislature and executive, as in the
to do wrong is not true freedom. A fourth use of
United States, or by historical traditions that re-
R
freedom refers to the absence of psychological
strain those in power, as in Britain.
E
problems that inhibit individual action.
Each person's interests are entitled to equal
W
The first two of these senses of freedom are
consideration. Some libertarians believe that
associated with the relationship of individuals to
the government should only avoid promoting in-
government in a liberal democratic society, and
equality; others contend that the government
they are the only senses in which the term will
should reduce inequalities, at least to the extent
St
be discussed here. In a libertarian society pre-
of positively trying to provide opportunities for
to
venting the dissemination of error and reducing
those who are disadvantaged.
immoral acts to a minimum are not considered
In the United States and to a lesser extent in
p
central functions of government. Nor is eliminat-
western Europe there is considerable agreement
to
ing, or reducing, psychological tensions-an end
on the tenets of freedom, but there is sharp dis-
it
that might be accomplished best by a sharp lim-
pute over their philosophic underpinnings, their
itation on freedom in the ordinary senses.
meaning and application to particular problems,
Although freedom-and the liberties and
and the weight they should be given as com-
la
rights that protect it-is an important good, it
pared with other social interests, such as the
ta
may conflict with other goods. The speaker's
preservation of society from outside attack.
freedom is maximized if he is allowed to incite a
Historical Antecedents-Athenian Democracy. Al-
riot, but the peace of society may require re-
though the civil liberties and rights of liberal
A
straint. In many circumstances different kinds
democracies reflect a distinctly modern concep-
of freedom conflict, as in the clash between a
tion of man, important elements of that concep-
as
home owner's claim to rent to whom he pleases
tion have been drawn from earlier periods, and
and the claim of a member of a racial minority to
members of older societies had rights and liber-
pl
equal treatment. Another example is the taxa-
ties that resembled in varying degrees those of
tion of the rich for the benefit of the poor; the
the present. In Athens and other Greek city-
freedom of the rich to spend their money in the
states ordinary citizens participated in the pro-
W
way they choose is restrained, but the freedom of
cesses of government. In fact, given ancient
the poor, in the sense of broader opportunity, is
Athens' small size and population (probably
enhanced.
somewhat more than 300,000 people), direct par-
to
The civil liberties and rights granted by the
ticipation could be, and was, much more exten-
bu
law of any particular society reflect how that
sive than in the modern nation-state. In Athens
society has accommodated the inevitable clashes
all male citizens were entitled to attend the
CIVIL RIGHTS AND LIBERTIES
769
ion, and this arti-
Assembly, which held the ultimate power to gov-
During the medieval period a synthesis of
ment is made by
ern. Magistrates and officials who ruled as rep-
Christian doctrine and natural law was achieved.
lay an important
resentatives of the people were selected by dem-
On a theoretical level rulers were subject to the
d bounds of indi-
ocratic means, had short terms, and could not be
moral limits imposed by natural law and the
le, major private
reelected. These election procedures and the
responsibility of the church for spiritual con-
es who expressed
large popular juries of the courts assured wide
cerns. Practically, both the power of the church
sons would hesi-
citizen involvement in governing. Although
and the essentially contractual obligations of the
tivilege to speak
most of the important political powers rested
feudal system prevented a monopoly of the exer-
such as possible
with the Council of Five Hundred, the council
cise of secular power.
itances, also con-
was subject to control by the Assembly.
The Magna Carta of 1215, a landmark in the
The democratic ideal of the city-state-that
development of English liberties, was primarily
the government's good is inseparable from the
the result of efforts of nobles to stop encroach-
)RY
citizens' and that both goods can be assured best
ments by the crown. Nonetheless, it contained
nd rights enjoyed
by citizen participation-seems to liberal demo-
the guarantee that free men could be condemned
democracies are
crats a great advance from the autocratic forms of
only by the lawful judgment of their peers and by
government existing outside Athens. But from
the law of the land. The idea it reflects of order-
dern view of the
by no means the
the perspective of today the democracy of Athens
ly procedures and judgments that are not arbi-
ips, for example,
appears flawed in important respects. About one
trary is fundamental to any system of rights and
rest on other con-
third of the population were slaves with few
liberties, because rights that are unsure are little
rights. Furthermore, because Athens had no
better than no rights at all.
liberal democrat
procedure for conferring citizenship on foreign-
Humanism and Natural Rights. The Renaissance
inherent worth.
ers who had moved there or on their offspring,
and the Protestant Reformation both emphasized
y include partic-
another considerable group of residents had no
human individuality. Although the original re-
d social life but
political voice.
formers were no more tolerant of what they
ectual, and other
Finally, the city-state was founded on the
thought was heresy than the Roman Catholic
ject to control by
idea that fulfillment as a human being requires
Church, the rapid development of religious plu-
fulfillment as a citizen. In his Funeral Oration,
ralism in the 16th and 17th centuries demanded
ould have the
estiny, insofar as
which nobly summed up the ideals of Athenian
greater toleration in the interest of preserving
with the interests
democracy, Pericles said, "We
regard
a
man
the social order. In 1598, for example, after frat-
who takes no interest in public affairs, not as a
ricidal wars between Protestants and Catholics,
harmless, but as a useless character.
Both
political and so-
Henry IV of France issued the Edict of Nantes,
Plato and Aristotle adhered to the Athenian con-
ertain, they are
which guaranteed unrestricted liberty of con-
and open discus-
ception of the social nature of man and the organ-
science, though not of worship, to the Protestant
not only a legit-
ic nature of society, in which all human concerns
Huguenots.
:duces the likeli-
are closely interrelated.
One of the first Protestant sects to approve
f social protest.
Roman Law. At periods in its history, Rome
religious toleration as a desirable principle of
had democratic institutions, and Roman law re-
government was the Independent, or Congrega-
sometimes arbi-
the people may
flected the idea of private right to a greater
tionalist, element of the English Puritans of the
extent than the city-states did, but perhaps its
mid-17th century. Roger Williams, the Puritan
berty in times of
ms of individual
most important contribution to the modern con-
founder of Rhode Island, took one of the most
er by legal rules
ception of individual rights was its recognition of
libertarian positions and established the first
ecutive, as in the
the unity of the human race. The bases of
government based on general toleration.
raditions that re-
Roman citizenship were broadened and by the
English rights in the 17th century were ex-
Edict of Caracalla (212 A.D.) became world-
panded by both the Petition of Right (1628) and
ain.
wide.
the Bill of Rights (1689). Writing in defense of
entitled to equal
ins believe that
The development of Roman institutions, par-
the Glorious Revolution (1688), John Locke elab-
ticularly its law, was influenced by the theory of
orated a theory of government that greatly influ-
id promoting in-
the government
natural law, which originated with the Greek
enced the development of civil rights in England
ast to the extent
Stoics and was expounded by Cicero. According
and the United States.
opportunities for
to this theory, the world is governed by a univer-
Locke argued that natural law bestowed on
sal law of nature. In the light of this law, all
men in the state of nature certain basic and inde-
lesser extent in
people are equal. Human beings are obligated
feasible rights. The formation of society, he
rable agreement
to obey this law, and legislation that contravenes
said, could be viewed as a social contract in
ere is sharp dis-
it is morally wrong. By emphasizing the moral
which some rights are given up so that funda-
erpinnings, their
responsibility of rulers and the subjection of
mental rights may be protected. The existence
icular problems,
their acts to the judgment of a higher law, natural
of natural rights and the limited grant of power to
given as com-
law doctrine provided at least a theoretical limi-
government given by the social contract restrict-
sts, such as the
tation on the powers of governors.
ed, in Locke's view, the extent to which individ-
side attack.
Christian Idealism. Christianity, in its early
ual rights may be infringed. If a government
Democracy. Al-
stages, had little effect on political principles.
oversteps these bounds, resistance is justified.
rights of liberal
Although its basic doctrine asserts a radical
Somewhat similar principles were developed
modern concep-
equality, because God loves the poor and weak
by thinkers of the 18th century French Enlight-
of that concep-
as much as the rich and powerful, neither Jesus
enment, and the Declaration of Independence of
nor the early church leaders tried to apply this
the United States drew from both these sources.
ier periods, and
rights and liber-
principle to political goals.
Written by Thomas Jefferson, it declared
legrees those of
Christians did, however, claim for their reli-
that all men are created equal, that they are
her Greek city-
gion a paramountcy over earthly concerns that
endowed by their Creator with certain unalien-
ated in the pro-
was quite different from the civic-oriented or
able Rights; that among these are Life, Liberty,
given ancient
mystical religions of the Greeks and Romans.
and the pursuit of Happiness.
The same
ation (probably
The Christians' claim did not lead immediately
philosophy is expressed in the Declaration of the
ople), direct par-
to tolerance of religious diversity by the church,
Rights of Man and of the Citizen (1789), issued
but it did conflict with the Greek idea that civic
uch more exten-
by the National Assembly of France at the outset
tate. In Athens
activity is the highest form of human fulfill-
of the French Revolution.
1 to attend the
ment.
The theory of natural rights is still widely
770
CIVIL RIGHTS AND LIBERTIES
accepted in the United States as the basis for civ-
Main Street during rush hour may be prevented
il liberties and rights, though many American
in the interest of effective traffic control.
social philosophers tend to rely on the more util-
First Amendment Guarantees. The Supreme
itarian argument that individual fulfillment is
Court decisions on freedom of expression deal
best promoted by restricting the powers of gov-
with two basic inquiries: What kinds of expres-
ernment. John Stuart Mill made the best-known
sion can be prohibited altogether because of
defense of freedom. of speech on these grounds
their content? And, what interferences are per-
in his book On Liberty, published in 1859.
missible with expression whose content is pro-
tected? In Gitlow V. New York (1925), the court
CIVIL LIBERTIES AND RIGHTS IN THE UNITED STATES
assumed that freedom of speech and of the press
The basic charter of civil liberties and rights
"are among the fundamental personal rights and
in the United States is the Constitution of the
liberties protected by the Fourteenth Amend-
United States. As adopted in 1789, it contained
ment from impairment by the States." Since that
important safeguards of liberty, such as prohibi-
time, jurists have taken for granted that basic
tions against ex post facto laws and bills of attain-
restrictions the 1st Amendment places on the
der and a guarantee of the right of habeas corpus
federal government also apply to the states.
(see HABEAS CORPUS). But the most significant
A central problem for the court in dealing
protections were added in 1791 by the Bill of
with freedom of speech is the extent to which
Rights, the first 10 Amendments to the Constitu-
society can prohibit expressions that threaten so-
tion. The Bill of Rights originally bound only
cial harm because they advocate illegal acts. In
the federal government, but most of the states
Schenck V. United States (1919), Justice Oliver
adopted similar guarantees.
Wendell Holmes formulated the "clear and
Originally the Constitution of the United
present danger" test to deal with a conspiracy to
States recognized slavery. The Emancipation
obstruct the draft. In its modern version, that
Proclamation of 1863 declared all slaves within
test allows advocacy to be punished only if it is
areas of rebellion free, but only ratification of the
directed to producing imminent lawless action
13th Amendment in 1865 made slavery unconsti-
and is likely to produce such action. If the evil
tutional. The 14th Amendment, ratified three
is not imminent or its likelihood is slight, the
years later, was designed primarily to guarantee
state may not act. The test does not give simple
the rights of freed slaves. It provides that no
answers to difficult cases, because judges will
state shall "deprive any person of life, liberty, or
disagree about the likelihood and imminence of
property, without due process of law; nor deny to
particular dangers. In Dennis V. United States
any person within its jurisdiction the equal pro-
(1951), a case involving leaders of the Commu-
tection of the laws." The 15th Amendment, rat-
nist party convicted under the Smith Act (1940),
ified in 1870, was passed to protect the right of
the test was revised to allow suppression of advo-
blacks to vote. In 1920 the 19th Amendment,
cacy of illegal action when the danger is very
prohibiting voting discrimination against
serious-in that case a revolution-even if it is
women, was ratified.
not imminent. This revision, severely criticized
Constitutional provisions concerning individ-
for giving insufficient protection to speech, has
ual rights and liberties are supplemented by fed-
apparently been abandoned by the court, but
eral and state statutes, but except in the area of
something like it might be revived if the country
racial discrimination these laws do not signifi-
fears a secret subversive movement again.
cantly add to the basic constitutional scheme.
The clear and present danger test has also
This scheme has been developed from the words
been employed in cases in which the press pub-
of the Constitution itself by judicial decision. In
lishes appeals that are designed to influence
the United States, but not in some other liberal
judges or juries, or may have that effect. This is
democratic countries, the written Constitution is
an area in which important liberties come into
legally binding on the legislature, and a court
conflict. The right of the press to publish facts
will invalidate an improper legislative act if that
and opinion, which is from another perspective
act comes before it in a case. Because the words
the right of the public to be informed, must be
of the Constitution are short and simple, the
weighed against the right of litigants, particular-
courts, and particularly the Supreme Court of the
ly criminal defendants, to an impartial hearing.
United States, must decide how they apply to a
In the opinion of many jurists Lee Harvey Os-
variety of circumstances, and the body of consti-
wald could not have received a fair trial had he
tutional law that has grown up is to be found by
lived to stand trial for the assassination of
examining Supreme Court cases.
President John F. Kennedy. Nevertheless, the
Freedom of Speech and of the Press. Probably the
question arises whether the preservation of that
most fundamental liberty in libertarian democra-
possibility was more important than giving the
cies is freedom of speech. The framers of the
public the fullest available information about the
Bill of Rights, concerned by the periodic sup-
assassination of the President, an event of grave
pression of dissent in 17th century England, pro-
concern to the entire country.
hibited Congress in the 1st Amendment from
Although the Supreme Court has overturned
"abridging the freedom of speech, or of the
convictions in which extensive and lurid pretrial
press; or the right of the people peaceably to
publicity made a fair trial doubtful, it has indi-
assemble and to petition the Government for a
cated that the Constitution leaves little scope for
redress of grievances."
restricting such publicity.
The language of the amendment clearly does
Obscenity Rulings. For many years, it was as-
not protect every verbal expression. Words that
sumed that suppression of obscenity did not vio-
are the essence of ordinary crimes for example,
late the 1st Amendment. It is still true that
such as the words used in offering a bribe or
obscenity itself is not protected, but in Roth V.
inciting a riot, can be punished. Furthermore,
Alberts (1957), the Supreme Court decided that
even protected expression may be regulated
whether material is obscene is itself a constitu-
without "abridging" the freedom provided for in
tional question. The justices have differed over
the amendment. Speeches in the middle of
the proper standard, but in Miller V. California
CIVIL RIGHTS AND LIBERTIES
771
ay be prevented
(1973) the Supreme Court finally arrived at a def-
Commercial Speech. The once-accepted princi-
control.
inition of obscenity. To be obscene a work must
ple that commercial speech lies outside the am-
The Supreme
appeal predominantly to a prurient interest, be
bit of the 1st Amendment was abandoned by the
expression deal
patently offensive, and lack serious social value.
Supreme Court in a series of cases in the 1970's
kinds of expres-
Almost everything that is not "hard-core pornog-
that elaborated standards for matters such as ad-
ther because of
raphy" is protected under this standard, and
vertising by druggists and lawyers. Though
erences are per-
works of authors like Henry Miller and Edmund
commercial speech now enjoys significant con-
content is pro-
Wilson that were once banned in many states
stitutional protection, the range of its permissi-
(1925), the court
now enjoy constitutional protection.
ble regulation is much greater than for other
and of the press
Although states may take special precautions
kinds of expression.
sonal rights and
to prevent objectionable material from reaching
Limitations of Prior Restraint. Of the various
rteenth Amend-
young people, they may not ban material alto-
methods for curtailing unprotected speech, prior
tes." Since that
gether for that reason. If the 1st Amendment is
restraints are among the most severely con-
anted that basic
considered primarily as a means of assuring free
demned. Authorities have argued that the 1st
t places on the
and open discussion of important public issues,
Amendment was primarily intended to prohibit
o the states.
one can argue that artistic and literary works are
prior restraints, the traditional form of censor-
court in dealing
outside the core of its concern, but the court's
ship. The absence of previous restraint is what
extent to which
decisions in the obscenity area indicate that the
William Blackstone meant by liberty of the
that threaten so-
amendment protects free expression concerning
press.
illegal acts. In
all subjects of human interest.
The usual prior restraint is a system in which
), Justice Oliver
Libel Rulings. Another area to which the Su-
all works are submitted to an executive official
the "clear and
preme Court has extended the amendment is the
who decides whether they may be published.
a a conspiracy to
common law of libel. In New York Times Co. V.
By placing the burden on the citizen to come for-
ern version, that
Sullivan (1964), it rejected the traditional posi-
ward with his work and by preventing the cen-
shed only if it is
tion that false and defamatory matter enjoys no
sored material from reaching the public, such a
it lawless action
protection. The court recognized that heavy
system is much more likely to discourage pro-
tion. If the evil
judgments for libel might be imposed by unsym-
tected expression than penalties that operate af-
od is slight, the
pathetic jurors on newspapers that publish con-
ter publication. States have not attempted to
not give simple
troversial matter. In the Alabama case before it
impose this sort of censorship on the press, and
ause judges will
a judgment of $500,000 in damages had been
the cases with which the Supreme Court has
id imminence of
rendered against the New York Times for its pub-
dealt have generally involved more limited prior
V. United States
lication and distribution of an advertisement by
restraints.
of the Commu-
civil rights leaders that contained inaccuracies.
The court's antipathy toward even limited
Smith Act (1940),
The court held that when material is published
prior restraints was most clearly illustrated in
pression of advo-
relating to the official conduct of a public officer
New York Times Co. V. United States (1971),
e danger is very
damages cannot be recovered unless the publica-
which upheld the right of the Times and the
on-even if it is
tion is made with 'actual malice is, with
Washington Post to publish excerpts from the
everely criticized
knowledge that it was false or with reckless dis-
Pentagon Papers, a collection of documents de-
n to speech, has
regard of whether it was false or not.
This
tailing the policies behind United States involve-
y the court, but
rule was extended in Associated Press v. Walker
ment in Vietnam. The court stated: "Any system
ed if the country
(1967) to cover discussion of public figures as
of prior restraint comes to this court bearing a
nent again.
well as officials. Current 1st Amendment doc-
heavy presumption against its validity." While
ger test has also
trine holds that no defamation action may be
the material in the Pentagon Papers was classi-
ch the press pub-
maintained unless the plaintiff proves the defen-
fied, the court concluded it did not threaten the
ed to influence
dant published the material with some degree of
national security enough to justify its suppres-
at effect. This is
fault. Gertz V. Robert Welch, Inc. (1974) held
sion.
erties come into
that private figures need only prove the defama-
The court has hesitated to uphold restraints
; to publish facts
tory material was published negligently in order
on 1st Amendment rights even when imposed in
other perspective
to recover. Gertz also made clear that a private
the interests of protecting individuals' other con-
formed, must be
figure does not become a public figure merely
stitutional rights. Nebraska Press Association V.
gants, particular-
because he is involved in an issue of public
Stuart (1976) held that 5th Amendment fair-trial
mpartial hearing.
importance.
guarantees do not justify gag orders on press
Lee Harvey Os-
One of the more troublesome problems in the
reporting. Stuart struck down a state court order
fair trial had he
free speech area is posed by group libel laws,
prohibiting the reporting of facts implicating the
assassination of
which deal with defamatory statements made
accused in a widely publicized mass-murder tri-
Nevertheless, the
about whole classes of persons, usually racial or
al. Because the impact of even one movie show-
eservation of that
religious groups, rather than individuals.
ing is great, and because the considerable time
than giving the
Sweeping denunciations of whites, blacks, Cath-
between production and premiere makes sub-
mation about the
olics, Protestants, or Jews do little to further
mission to a "censor" feasible, the court has
an event of grave
intelligent social discourse and they may create
refused to hold that all prior review of the con-
or intensify social hostilities. They may, when
tent of movies is forbidden. It has clearly stated,
rt has overturned
directed against disadvantaged groups, interfere
however, that movies are a form of communica-
and lurid pretrial
with the achievement of equal rights granted by
tion to which the 1st Amendment applies, and it
btful, it has indi-
the Constitution or by statute. Yet to permit
has laid down rigorous guidelines that must be
es little scope for
punishment of the purveyors of racial and reli-
met before a scheme of review will be upheld.
gious hatred is to inhibit free expression, and
The development of a voluntary industry scheme
years, it was as-
socially beneficial speech may be interfered with
that involves movie ratings and restricted admis-
enity did not vio-
in the process. Moreover, the terms used in
sions to movies with highly explicit sex and
is still true that
such laws are necessarily vague, and may be
graphic violence has almost entirely supplanted
d, but in Roth V.
abused by those who wish to silence unpopular
state censorship.
ourt decided that
positions. In Beauharnais V. Illinois (1952), the
Time and Manner Restrictions. Speech whose
itself a constitu-
Supreme Court sustained a conviction under a
content is protected may not be protected in all
ave differed over
"group libel" law, but the continued authority of
forms and at all times. In exceptional circum-
ller V. California
that decision has long been in doubt.
stances the police may silence a speaker whose
772
CIVIL RIGHTS AND LIBERTIES
words incense his audience to the point of vio-
investigating subversive activities, the court re-
lence, although ordinarily they must shield the
versed his conviction. It declared, "it is an
speaker and prevent the outbreak of violence by
essential prerequisite to the validity of an inves-
means other than stopping the speech. If police
tigation which intrudes into the area of constitu-
officers were allowed to halt any speaker who
tionally protected rights
that the State con-
angered his listeners, the result would be a sharp
vincingly show a substantial relation between
limitation on the expression of unpopular
the information sought and a subject of overrid-
views.
ing and compelling state interest.
More commonly, difficulties arise over gov-
Another form of indirect interference is deni-
ernment attempts to regulate the time and man-
al of public employment to persons of particular
ner of speech. Carefully drawn regulations to
political persuasions or those who refuse to sign
prevent interference with traffic or with the
loyalty oaths. Compelled to work out an accom-
peace and quiet of residents are constitutional.
modation between the government's need to as-
Thus a city may regulate the times and places at
sure that its employees are devoted to public ser-
which massive demonstrations will be permitted
vice and the chilling effect on expression and
or forbid the use of sound trucks making loud
association of tests of loyalty, the court has great-
and raucous noises. But it may not adopt limita-
ly circumscribed the permissible use of loyalty
tions on speech or press that are too comprehen-
oaths.
sive. Ordinances prohibiting the distribution of
Zoning and nusiance laws and other regulato-
all handbills and circulars have been held to be
ry actions may also indirectly impede speech.
unconstitutional, for their interference with ex-
The court has indicated that a law that confines
pression is regarded as much too high a price to
particular forms of expression to a certain area of
pay for the limited social gain of reducing lit-
a town is valid, whereas one that zones that
tering.
expression out of existence is unconstitutionally
Similarly, any system for regulating the times
overbroad.
and places of demonstrations or parades must set
Right to Remain Silent. As this discussion has
out clear criteria for officials and not leave unfet-
suggested, the right of free speech includes the
tered discretion to municipal authorities. If offi-
right to remain silent about one's beliefs if one
cials could refuse applications on any grounds
chooses. In West Virginia Board of Education
they choose, they could use their power to pro-
v. Barnette (1943), the court held that a child
mote speech they agree with and prevent speech
could not be compelled to salute the flag if doing
they disagree with.
so was against his conscience and that of his par-
Picketing as a form of communication poses a
ents. The right to refrain from speaking was
special problem. Though it is expression in the
reaffirmed in Wooley V. Maynard (1977), which
ordinary sense, it is often something more. It
upheld the right of a Jehovah's Witnesses couple
may be a signal to other union members to act in
to cover the motto "Live Free or Die" on their
a particular way simply because a picket line has
New Hampshire license plates. Another aspect
been formed. The Supreme Court has held that
of the 1st Amendment, also implied above, is the
picketing is an activity covered by the 1st
right to associate freely for legitimate purposes-
Amendment and has invalidated a complete ban
that is, to organize for social, economic, or polit-
on picketing, but it has allowed Congress and the
ical goals.
state legislatures flexibility in deciding what
Freedom of Religion and Separation of Church and
kinds of picketing conflict with public interests.
State. The beginning of the 1st Amendment
Legislatures may not, however, distinguish be-
reads: "Congress shall make no law respecting
tween lawful and unlawful picketing on the basis
an establishment of religion, or prohibiting the
of its underlying subject matter.
free exercise thereof.
The amendment was
Curtailment of Indirect Interference. Sometimes
supported both by those who believed in free-
the threat to freedom of speech takes the form
dom of religion and church-state separation in
not of outright prohibition or regulation but of
principle and by those who simply wished to
indirect interference. One form of interference
leave these matters to the states. A number of
is the legislative investigation. The legitimate
states still had established churches at the time
scope of such investigation is very broad, and in
of the Constitution's adoption.
the course of an inquiry a witness may be asked
Not until 1940 did the Supreme Court hold
about his political activities and organizational
the free-exercise guarantee applicable against
membership. The 5th Amendment privilege
the states. In part, this was because relevant
against self-incrimination protects a witness from
cases rarely arose. Most states have their own
having to make incriminating statements, but
guarantees, and the idea that people should be
often the danger to him is public ridicule and
free to worship or not in any way they choose is
possible loss of employment, rather than crimi-
so generally accepted in this country that it is
nal prosecution.
unlikely to be disregarded.
The court has stated that exposure for its own
However, certain problems occur when the
sake is not a legitimate legislative purpose, but
claim to free exercise takes the form of activity
establishing in court the existence of such a pur-
thought to be antisocial or self-destructive, such
pose is difficult. In a series of decisions the
as polygamy, snake-handling, the use of illicit
court has held that the authority of the committee
drugs, or the refusal to be vaccinated or accept a
must be clear, that questions must be pertinent,
blood transfusion.
and that the witness must be clearly informed of
Passing on antipolygamy laws, the Supreme
the purpose of the investigation. In Gibson v.
Court held, in Reynolds V. United States (1878),
Florida Legislative Investigation Committee
that such laws were supported by a valid secular
(1963), a case involving the refusal of the presi-
interest and were constitutional. The same the-
dent of the Miami branch of the National Associ-
ory has also been used in cases involving vacci-
ation for the Advancement of Colored People to
nation.
turn over the local organization's membership
A different approach was used by the Califor-
list to a committee of the Florida legislature
nia supreme court when it considered the use of
CIVIL RIGHTS AND LIBERTIES
773
es, the court re-
peyote by Navajo Indians in religious ceremo-
can set up a church. Neither can pass laws
lared, "it is an
nies. It weighed the secular interest in stopping
which aid one religion, aid all religions, or prefer
dity of an inves-
the use of peyote against the importance of the
one religion over another.
No tax in any
area of constitu-
use for religious purposes and held in favor of
amount, large or small, can be levied to support
it the State con-
the users. The Supreme Court also used a bal-
any religious activities or institutions."
elation between
ancing approach to find that the secular interest
Despite this broad language, the court sus-
bject of overrid-
in educating minors was outweighed in the case
tained the payment of public funds for the bus
t.
of the Amish who had a clearly religious belief
transportation of children to parochial schools,
ference is deni-
that high school education would be bad for their
on the theory that busing was part of a general
ons of particular
children.
program to help parents get their children to
O refuse to sign
Sunday closing laws do not prohibit the free
school. Since the Everson case, debate has been
k out an accom-
exercise of religion by those who observe the
sharp, in Congress and the state legislatures as
nt's need to as-
sabbath on Saturday, but they do interfere with
well as in public discussion, over the extent to
ed to public ser-
worship indirectly. The court has upheld these
which parochial institutions may benefit from
laws on the ground that a uniform day of rest is
the use of public funds for educational or other
expression and
court has great-
desirable. It has also held, however, that unem-
purposes. The Federal Elementary and Second-
e use of loyalty
ployment benefits may not be denied to someone
ary Education Act of 1965 provided various types
who refuses to take employment that requires
of aids to parochial and other private schools. In
other regulato-
him to work on Saturday when his reasons for
a series of cases involving state benefits that
mpede speech.
refusal are religious.
include parochial schools, the court has upheld
W that confines
In regard to draft exemptions Congress has
some and invalidated others. It generally em-
1 certain area of
gone further than the Constitution requires and
ploys a test that asks whether the aid has a pri-
that zones that
exempted from combatant military service those
mary effect or purpose that is religious or unduly
constitutionally
who conscientiously oppose participation in war
entangles the state in religion.
because of their religious training and beliefs.
In accord with the principles of Everson, the
discussion has
No exemption is given to those who are opposed
court has invalidated religious instruction, Bible
ch includes the
to particular wars, even when their reasons are
reading, and prayers in the public schools. Each
S beliefs if one
religious, or to those who are opposed to all wars
of these decisions has met with considerable
d of Education
for nonreligious reasons. The Supreme Court
popular protest by persons who believe that lim-
Id that a child
has interpreted religious belief so broadly, how-
ited forms of state encouragement of religion are
he flag if doing
ever, that it is hard to conceive of anyone who is
desirable. In particular, the prayer decision has
that of his par-
opposed to all war who is not "religious" for this
evoked serious efforts to amend the Constitution.
speaking was
purpose.
But the context of schools remains one in which
(1977), which
The guarantees of free exercise of organized
the court finds the dangers of establishment-
itnesses couple
religious worship and of freedom of speech as-
clause violations to be particularly great.
Die" on their
sure that the public assertion of diverse religious
Although Everson forecloses direct financial
Another aspect
beliefs will enjoy the same protection as private
aid for religious purposes, churches in virtually
d above, is the
worship.
every state are exempt from property taxes, pri-
ate purposes-
The requirement that there be no establish-
vate religious contributions are generally tax de-
nomic, or polit-
ment of religion complements the free-exercise
ductible, and parents may obtain tax credits for
guarantee. If the government favors one denom-
educational expenses in sending their children
n of Church and
ination or sect, the free exercise of members of
to religious schools. Other practices, such as the
t Amendment
the others may be impaired. The establishment
provision of chaplains in the armed forces and in
law respecting
clause ensures that the institutions of govern-
jails, have been justified as a permissible accom-
prohibiting the
ment and religion do not become entangled and
modation to religious exercise.
nendment was
therefore in a position to corrupt each other.
Rights of Criminal Suspects. The Bill of Rights
lieved in free-
Because state involvement in religion has a coer-
contains a number of guarantees for persons sus-
separation in
cive effect on people and provides legitimacy,
pected of, or tried for, crimes. The necessity for
ply wished to
entanglement of government and religion inevi-
fair and orderly procedures for ascertaining crim-
A number of
tably will lend prestige to some religions relative
inal guilt was recognized long before freedom of
es at the time
to others. Practices requiring continuing gov-
speech and religion in the modern sense were
ernment supervision of religious bodies are more
even conceived, much less put into practice.
ne Court hold
suspect than onetime government aid such as
Most of the protections in the Bill of Rights were
icable against
building grants.
drawn out of the English common law, although
cause relevant
On some points, the guarantees of free exer-
in some instances they go beyond it.
ave their own
cise and no establishment may seem to conflict.
Every society must balance the need for effi-
ple should be
For example, if religious conscientious objectors
cient apprehension and conviction of criminals
they choose is
are exempted from military service, is that a dis-
against the need to protect citizens from arbitrary
ntry that it is
crimination against nonreligious objectors and
intrusions by the government. The protections
therefore an establishment of religion? If mili-
in the Bill of Rights are designed to prevent
cur when the
tary chaplains representing major denominations
undue interference with individual privacy and
rm of activity
are provided by the government, is that an estab-
to minimize the possibility of unfair treatment of
tructive, such
lishment of those denominations?
criminal suspects. For some time the court held
use of illicit
Although the 1st Amendment originally left
that its specific guarantees applied only to feder-
ed or accept a
states free to establish churches if they chose, the
al government procedures, the states being
Supreme Court unanimously held in 1947, in
bound only to meet standards "implicit in a con-
the Supreme
Everson V. Board of Education, that the no
cept of ordered liberty." During the 1960's,
States (1878),
establishment" clause was made applicable to
however, the court held most of the important
valid secular
the states by the 14th Amendment. Relying
provisions of the Bill of Rights applicable to state
The same the-
heavily on the authority of Thomas Jefferson and
procedures.
volving vacci-
James Madison, it declared that the clause was
Fourth Amendment Guarantees. The 4th
intended to do more than forbid an established
Amendment forbids unreasonable searches and
y the Califor-
church and that it means at least:
seizures. It is interpreted to mean that the po-
red the use of
"Neither a state nor the Federal Government
lice may ordinarily search a person or his prop-
774
CIVIL RIGHTS AND LIBERTIES
erty only if they have a search warrant or if the
is, capable of sustaining life outside the womb).
search is pursuant to a valid arrest. A warrant
These and related cases establish that a state
may be issued only if there is probable cause to
must establish a high level of justification before
believe that specific relevant evidence will be
interfering with choices relating to childbear-
found, and arrest must be based on probable
ing.
cause that the arrested person has committed a
Many states allow persons whose privacy has
crime. If something is seized in violation of this
been invaded in ways defined by statute or deci-
requirement, it may not be used in evidence
sions to recover damages in court.
against the person searched, even if it shows con-
Private Property and Economic Rights. The 5th
clusively that he is guilty of a crime. This limi-
Amendment contains one specific guarantee in
tation on the use of evidence is not found in the
favor of private property-that it cannot be taken
amendment. It has been read into the amend-
for public use without just compensation. Just
ment by judicial interpretation as the only ef-
compensation has been held to mean compensa-
fective way to enforce the amendment. This
tion amounting to the full value of what is taken.
so-called exclusionary rule remains highly con-
The provision has been applied to state emi-
troversial. Its use has begun to be restricted,
ment-domain cases, and nearly every state has a
and its abandonment is a possibility.
parallel requirement. The Constitution also pro-
Fifth Amendment Guarantees. The framers of
hibits states from retrospectively impairing the
the 5th Amendment, which contains the privi-
obligation of contracts.
lege against self-incrimination, were particularly
Together with due-process and equal-protec-
wary of institutions like the English Star Cham-
tion clauses of the 14th Amendment, the 5th
ber that compelled witnesses to testify against
Amendment clause prevents arbitrary depriva-
themselves. The 5th Amendment privilege may
tions of private property by any government
be invoked before legislative committees and ad-
agency in the United States. In the early 20th
ministrative bodies as well as in criminal trials.
century these clauses were used by the Supreme
In Miranda V. Arizona (1966), the court went
Court to strike down state and federal schemes of
beyond the practice of any state or the federal
economic regulation, but now the court defers
government and held in a highly controversial
almost completely to legislative judgments.
decision that no police questioning may take
Political Rights. The right to speak on public
place unless a suspect has been warned of his
questions and the right to participate in the polit-
right to remain silent and either has a lawyer
ical process by voting are fundamental in a de-
present or has waived the right to counsel.
mocracy. The first of these has been discussed.
Among other protections in the 5th Amend-
The second, the right to vote, is not guaranteed
ment are a safeguard against double jeopardy-
in the federal Constitution, but states may not
trying a person twice for the same crime-and
constitutionally withhold the franchise on the
the guarantee that no one shall be deprived of
basis of race or sex, or from those 18 or older.
life, liberty, or property without due process of
The states set voters' qualifications and com-
law. The latter is meant to assure fair proceed-
monly exclude minors, felons, and illiterates.
ings in both criminal and civil cases.
Some states formerly had property qualifications.
Sixth and Eighth Amendment Guarantees. The
Today, however, the Supreme Court interprets
6th Amendment provides for a public trial and
the equal-protection clause of the 14th Amend-
for trial by jury in criminal cases. Trial by a jury
ment as requiring state laws that restrict partici-
of one's peers has been considered a basic ele-
pation in the electoral process to be necessary to
ment of Anglo-American justice since Magna
advance a compelling state interest. Thus, in
Carta, although the functions of the jury have
1966, the court invalidated the poll tax. The
changed considerably. The 6th Amendment
court in the Reapportionment cases (1964) has
also grants a right to counsel in criminal cases,
also read that clause to provide substantial equal-
and it has been held that the states must provide
ity of representation for those who do vote. That
counsel for criminal defendants who cannot af-
holding has resulted in reapportionment of at
ford their own. The 8th Amendment forbids ex-
least one house of the legislature in almost every
cessive bail, excessive fines, and cruel and un-
state.
usual punishment. Under this amendment, the
Equal Treatment of the Races. Often when peo-
Supreme Court has greatly restricted permissible
ple refer to "civil rights," they mean the guaran-
procedures for imposing capital punishment.
tees of equal treatment for blacks and other mi-
Right to Privacy. Privacy is generally regarded
nority groups. Inequality of treatment has been
as a basic civil liberty, and the courts have
perhaps the most deep-seated problem in Amer-
assumed an important role in its defense. But,
ican democracy, and although legal guarantees
strictly speaking, there is no such right as a right
have greatly expanded since 1950, the problem is
to privacy in the sense of the rights just dis-
still a long way from solution.
cussed. The 1st Amendment, the prohibition on
Although the disparity between slavery and
unreasonable searches, the privilege against self-
the principles of the Declaration of Indepen-
incrimination, and the due-process clause all
dence was obvious to some at the time, slavery
protect aspects of privacy.
was recognized in the Constitution. In the Dred
In an important case, Griswold v. Connecti-
Scott case (1857), a contributing cause of the Civ-
cut (1965), the Supreme Court responded to the
il War, the Supreme Court held that Congress
interest in privacy and invalidated a state law for-
had no power under the Constitution to forbid
bidding doctors and others to give advice about
slavery in the territories, as it had attempted to
birth control. It did so even though the state law
do in the Missouri Compromise.
was not obviously in conflict with any particular
The 13th Amendment (1865) abolished slav-
constitutional provision. In a much more impor-
ery. Some justices have read the amendment as
tant and controversial decision, the court extend-
prohibiting as well a variety of kinds of unequal
ed Griswold in Roe v. Wade (1973) and held that
treatment, on the theory that these are incidents
a woman has a constitutional right to have an
of slavery. Although most jurists have not ac-
abortion up to the time that a fetus is viable (that
cepted that position, Congress, under its enforce-
CIVIL RIGHTS AND LIBERTIES
775
side the womb),
ment power, can prohibit practices that it reason-
ruled in effect, though not in theory, the Civil
lish that a state
ably determines constitute badges or incidents of
Rights cases of 1883. In sustaining the Voting
stification before
slavery.
Acts, the court has expanded the remedial, and
ag to childbear-
The great majority of civil-rights cases have
possibly the substantive, powers of Congress un-
been decided under the 14th or 15th Amend-
der the 14th Amendment.
hose privacy has
ments. The 14th Amendment guaranteed citi-
By the 1970's, government was actively in-
y rt. statute or deci-
zenship for ex-slaves and provided that states
volved in remedying the effects of past discrimi-
shall not deprive persons of due process of law or
nation. In the process, some laws and programs
Rights. The 5th
deny them the equal protection of the laws. The
employed "benign," as opposed to "malign," ra-
fic guarantee in
15th Amendment prohibits denial of the vote on
cial classifications. Such "racial preferences,"
cannot be taken
racial grounds.
as they are sometimes called, raised important
pensation. Just
The ineffectiveness of these amendments to
and controversial questions concerning the ex-
nean compensa-
promote genuine equality for nearly a century
tent to which racial classifications may be used to
of what is taken.
after their ratification was the result both of some
benefit minorities. Although invalidating the
d to state emi-
narrowing judicial decisions and lack of accep-
use of a strict racial quota, the Supreme Court
every state has a
tance of the decisions that did protect the rights
has indicated that race may constitutionally be
titution also pro-
of blacks. Even when the court made it clear in
considered a factor in the admissions decisions
y impairing the
the aftermath of ratification that racial discrimi-
of state professional schools. In addition, in
nation in voter registration and the selection of
1980, the court upheld congressional spending
d equal-protec-
jurors was unconstitutional, systematic exclusion
measures that contained a 10% set-aside for mi-
dment, the 5th
of prospective black jurors and voters continued
nority business enterprises on the ground that
bitrary depriva-
in many Southern states.
the program was an appropriate means to remedy
ny government
Among the narrowing pronouncements was
prior constitutional or statutory violations. Al-
1 the early 20th
the Supreme Court's decision in the Civil Rights
though questions remain in this area, it is clear
by the Supreme
Cases (1883). These invalidated a federal law
that under certain circumstances benign use of
leral schemes of
prohibiting racial discrimination by inns, hotels,
racial classifications is not unconstitutional.
he court defers
and railways. It declared that the 14th Amend-
Equal Treatment of the Sexes. In the 1970's the
judgments.
ment applied only to "state action" and that in
Supreme Court began invoking the equal-
peak on public
enforcing the amendment Congress could not
protection clause of the 14th Amendment with
ate in the polit-
forbid private acts of discrimination. Finally, in
increasing frequency to invalidate government
mental in a de-
1896, in Plessy v. Ferguson, the court upheld
discrimination based on sex. Although complete
been discussed.
state-imposed segregation because laws requir-
gender neutrality is not required, a state must
not guaranteed
ing separation "do not necessarily imply the in-
advance an important justification in order for a
states may not
feriority of either race to the other.
gender classification to be upheld.
anchise on the
The pattern of racial segregation in the South
In 1972, Congress proposed the Equal Rights
e 18 or older.
was not significantly disturbed until Brown V.
Amendment to provide an express constitutional
ations and com-
Board of Education (1954), in which the court
and illiterates.
provision prohibiting the denial of "equality of
declared separate educational facilities to be in-
rights" on account of sex. The amendment,
y qualifications.
herently unequal because they give black chil-
however, was not adopted because the required
Court interprets
dren a sense of inferiority and retard their edu-
three fourths of the state legislatures did not rat-
e 14th Amend-
cational and mental development. It has since
ify it within either the original or an extended
restrict partici-
struck down every kind of state differentiation of
ratification period.
be necessary to
treatment on racial grounds that has come before
rest. Thus, in
it. At the same time it has expanded the concept
CIVIL LIBERTIES AND RIGHTS
poll tax. The
of state action to encompass individual acts of
OUTSIDE THE UNITED STATES
ises (1964) has
discrimination that are supported by the state in
bstantial equal-
All of the Western democracies recognize
some way. For example, it has held that a court
) do vote. That
freedom of speech, but in most the limits are not
may not enforce a private contract to discrimi-
tionment of at
as broad as in the United States. In Britain, for
nate on racial grounds.
example, certain kinds of criticism of the mon-
in almost every
Constitutionally guaranteed civil rights have
arch and members of Parliament are forbidden,
been strengthened and supplemented by con-
ften when peo-
and censorship of the theater has been more
gressional and state legislative action, as well as
ean the guaran-
extensive than in the United States. Although
by executive orders forbidding discrimination
; and other mi-
Communist countries recognize a right to free
within the government itself. Overcoming vig-
ment has been
expression within limits, it must be exercised, in
orous Southern opposition, including extended
blem in Amer-
the words of the Czechoslovak constitution, only
filibusters, Congress passed the Civil Rights Act
gal guarantees
in a way "consistent with the interest of the
of 1964 and the Voting Rights Act of 1965. The
the problem is
working people." Freedom of speech, as most
former contains a public accommodations section
Westerners understand it, is absent in Commu-
en slavery and
proscribing discrimination by hotels and restau-
nist countries.
n of Indepen-
rants and a fair employment section forbidding
The developing countries generally accept in
businesses connected with interstate commerce
e time, slavery
principle the liberal approach to freedom of
1. In the Dred
to discriminate in choosing their employees.
speech, but in many of them critics of the regime
use of the Civ-
The Voting Rights Act, readopted and modified
in power are suppressed. It may well be that the
that Congress
in 1970, 1975, and 1982, contains a complex
limited consensus on political values that exists
ution to forbid
scheme to circumvent devices for voting discrim-
in some of the countries of Africa, for example,
d attempted to
ination and to use the Department of Justice
precludes full freedom of speech.
more fully in enforcing voting rights.
The right to worship freely is now generally
abolished slav-
These acts, as well as a federal fair-housing
recognized, although it has evolved only slowly
amendment as
law, represent a greater involvement of the fed-
in Spain and some other countries. Few coun-
nds of unequal
eral government in promoting equal rights than
tries outside the Communist world, however,
e are incidents
any since Reconstruction. The public-
separate church and state as strictly as the United
$ have not ac-
accommodations section was approved unani-
States does. Government aid to the institutions
der its enforce-
mously by the Supreme Court as valid under
of the predominant religion, and sometimes mi-
Congress' power over commerce. Thus it over-
nority religions as well, is common.
776
CIVIL RIGHTS AND LIBERTIES-CIVIL RIGHTS MOVEMENT
All countries have safeguards for criminal
CIVIL RIGHTS MOVEMENT, a campaign by a num-
suspects, but the nature and flexibility of the
ber of organizations, supported by many individ-
safeguards vary. France, for instance, has no
ual citizens, to achieve equality for American
privilege against self-incrimination, and its sys-
blacks. Informally, "the movement" was a term
tem of criminal justice relies heavily on ques-
used to refer to the activities of organizations in
tioning the suspect. In some of the developing
the forefront of the struggle during the 1950's,
countries, as well as South Africa, there are pre-
1960's, and later, when efforts to attain voting
ventive detention" acts that allow the govern-
rights, access to public accommodations, and bet-
ment to circumvent the ordinary safeguards in
ter educational and economic opportunities for
placing persons in jail. Enemies of the state
blacks were intensified.
have not always been afforded the usual protec-
As a result of the adoption of the 13th, 14th,
tions in Communist countries.
and 15th amendments to the Constitution (1865-
The constitutions of the Communist and de-
1870), blacks were, in theory, free and equal cit-
veloping countries commonly place more em-
izens. Congress in 1866 and 1875 passed civil-
o
phasis on economic and social rights of a positive
rights acts aimed at guaranteeing rights in courts
2
kind, such as the right to work and the right to be
and equal access to public accommodations for
educated, than does the U.S. Constitution, which
blacks. But in 1883 the Supreme Court declared
was formulated at a time when the function of
unconstitutional the 1875 act, contending that
government was considered to be largely nega-
the 14th Amendment did not prohibit the inva-
tive.
sion of civil rights by individuals. The ruling
With the exception of the Republic of South
doomed hopes of Southern blacks for equality.
Africa, the major countries of the world consider
In fact, the status of three fourths of the Ameri-
racial discrimination wrong and in varying de-
can blacks-those in the former slave states-
V
grees forbid it by law.
tended to worsen as the Southern white conser-
SI
Various attempts have been made to protect
vative leadership adopted laws and supported
si
human rights internationally, but these have had
policies that effectively circumvented constitu-
much less practical significance than the efforts
tional guarantees. See BLACK AMERICANS.
il
of particular states. The Universal Declaration
Blacks migrated to the North to escape op-
in
of Human Rights, drafted by the United Nations
pression and to seek greater economic opportuni-
li
Human Rights Commission and adopted by the
ties, and the civil-rights leadership was assumed
S€
General Assembly in 1948, covers both tradition-
by the National Association for the Advancement
ao
al civil and political rights and the newer eco-
of Colored People (NAACP) and the National
tr
nomic, social, and cultural rights, but it is not
Urban League (NUL). The NAACP, formally
he
legally binding. The Assembly has adopted
organized in 1910 and strongly committed to the
pl
more limited conventions that do bind signato-
ideals of democracy, sought through legal means
cl
ries on such subjects as genocide, statelessness,
to gain equality for all persons within the Amer-
in
refugees, slavery, nationality, marriage, and
ican political system. Many whites viewed the
an
forced labor.
NAACP as radical and as a troublemaker because
In December 1966 two United Nations cove-
of the numerous litigations it brought; some
ch
nants that would be binding on signatories were
blacks looked on it with suspicion, feeling it was
an
adopted and opened for signature by the General
manipulated by whites. Although the organiza-
in
Assembly. One is the Covenant on Civil and
tion was not popularly based, it was for a half
se
Political Rights, the other the Covenant on
century the most important and most effective
ce
Economic, Social, and Cultural Rights. These
civil-rights agency. By its activities-and judi-
th
contain no effective enforcement mechanisms,
cial acceptance of its position-a climate of opin-
ab
however. Nonetheless they can help, as the
ion favorable to the growth of more activist orga-
pe
Declaration and other efforts of the United Na-
nizations was created.
of
tions have helped, to create an international at-
The National Urban League, one year youn-
an
mosphere in which observance of basic human
ger than the NAACP, directed its efforts chiefly
no
rights is more consistent throughout the world.
in behalf of working-class blacks, for it was de-
eff
On a regional level, under the Council of
signed to help them adjust to urban areas. It
acl
Europe, the European Convention for the Pro-
instructed the migrants in how to live in cities,
ne
tection of Human Rights and Fundamental Free-
found lodgings and jobs, developed training pro-
kn
doms has been widely adhered to. Its ma-
grams, led boycotts against businesses in an ef-
an
chinery includes a court that hears claims by
fort to have blacks employed, and provided lead-
ma
individuals against member states. Similar insti-
ership in relations with labor unions. The NUL
eq
tutions have been proposed for other multina-
and the NAACP were the best financed of the
ha
tional regions. In the foreseeable future, howev-
agencies; they were nonrevolutionary and "or-
wa
er, the primary guarantor of civil liberties and
derly" and did not arouse the opposition of a
19
rights will continue to be the nation state.
large portion of the white power structure.
See also CENSORSHIP; CHURCH AND STATE;
The Congress of Racial Equality (CORE),
bla
CIVIL RIGHTS MOVEMENT; PRIVACY.
founded in Chicago in 1942, was the seedbed for
sla
KENT GREENAWALT
the growth of ideas and tactics widely employed
pul
Columbia University
after 1956. This group believed that legalism
stn
alone would not bring uncompromising equality.
ruli
Bibliography
It sought to end discrimination through interra-
we
Abraham, Henry J., Freedom and the Court (Oxford
cial, nonviolent, direct action. CORE staged sit-
the
Benedict, 1982). Michael L., Civil Rights and Civil Liberties (Am.
ins in Chicago in 1943, bus rides and stand-ins at
cou
Hist. Assn. 1987).
the Palisades Park pool in 1947 and 1948, and the
the
Bollier, David, Liberty and Justice for Some (Ungar 1982).
Dorsen, Norman, Political and Civil Rights in the United
"Journey of Reconciliation" (the first Freedom
far
States (Little 1982).
Ride testing desegregation of interstate transpor-
tage
Gunns, Albert F., Civil Liberties in Crisis (Garland 1985).
tation) in the South in 1947.
van
Jacobs, D., The Brutality of Nations (Knopf 1987).
By mid-century, gains had been made by a
Levine, Herbert M., and Smith, Jean E., Civil Liberties
threatened "march" on Washington in 1941; by
Col
and Civil Rights Debated (Prentice-Hall 1988).
npaign by a num
by many individ
ity for American
ment" was a term
f organizations in
uring the 1950's
$ to attain voting
Civil rights for American
odations, and bet-
blacks received a symbolic
opportunities for
expression of popular sup-
port in the August 1963
of the 13th, 14th,
march on Washington,
onstitution (1865
D.C., where Dr. Martin
ree and equal cit
Luther King and others
875 passed civil.
addressed more than
ig rights in courts
250,000 marchers.
commodations for
e Court declared
contending that
prohibit the inva
ials. The ruling
acks for equality.
PICTORIAL PARADE
ths of the Ameri-
er slave states
various state laws; through Supreme Court deci-
applied to higher and professional education,
ern white conser-
sions on political primaries, graduate and profes-
and in May 1954 it tore the wall down. In
S and supported
sional education, transportation, and real estate
Brown V. Board of Education, the court cited
ivented constitu
covenants; by presidential appointment of a Civ-
psychological and sociological data of Kenneth
AMERICANS:
il Rights Commission; and executive ordering of
Clark and others and declared separate schools
th to escape op-
integration of the armed forces. But Congress-
inherently unequal. Clark, a black educator and
nomic opportuni
like the public-seemed more interested in lip
psychologist, had contended that segregation
hip was assumed
service to democracy than in the achievement of
was harmful to both black and white students.
the Advancement
actual equality. Inequity of opportunity and
In 1955 the justices remanded all cases on tax-
and the National
treatment in the political, economic, educational,
supported schools to the district courts, ordering
NAACP, formally
housing, and public accommodations areas am-
that blacks be admitted to the public schools "on
committed to the
ply demonstrated that blacks were still second-
a racially nondiscriminatory basis with all delib-
bugh legal means
class citizens. Groups seeking to remove those
erate speed." By then, some upper South and
within the Amer-
inequalities were small, Northern-based, elitist,
border states had moved toward desegregation,
hites viewed the
and inadequately financed (by whites chiefly).
but in the deep South sentiment polarized
lemaker because
World War II and its aftermath effected great
around the "desegregation now" and desegre-
t brought; some
changes. Large numbers of blacks moved west
gation never" extremes. Many state and local
on, feeling it was
and north to share in the wartime prosperity, giv-
authorities, mostly in the South, adopted numer-
igh the organiza.
ing the minority problem a national rather than a
ous delaying schemes. Most Southern congress-
it was for a half
sectional character; urbanization was rapidly ac-
men denounced the Brown decision, and White
d most effective
celerated; large numbers of blacks who fought in
Citizens' Councils and other groups pledged to
vities-and judi-
the armed services against tyranny and injustice
preserve white supremacy sprang up in many
a climate of opin-
abroad more keenly felt injustice at home; inde-
states. Slowly, painfully, with much litigation,
ore activist orga-
pendence for colonial peoples made realization
considerable violence, frequent use of federal
of the ideals of democracy a domestic as well as
marshals and occasional use of federal troops
one year youn-
an international issue; and the successful use of
(notably at Little Rock, Ark., in 1957), and with
its efforts chiefly
nonviolence by Gandhi in India underscored the
any perceptible movement" often construed as
KS, for it was de-
efficacy of "creative disorder" as a means of
"all deliberate speed," desegregation had been
urban areas. It
achieving certain goals. By the mid-1950's a
accomplished by 1965 in 1,160 of the 3,028
to live in cities,
new generation was coming to maturity that had
Southern school districts containing white and
ped training pro-
known only the changing conditions of the war
black pupils. Nearly 316,000 blacks-about
inesses in an ef-
and postwar years. Even so, it is doubtful that a
10%-were attending schools with whites.
d provided lead-
major breakthrough in the struggle to attain
The record in the publicly supported colleges
nions. The NUL
equal rights for blacks could have been achieved
and universities was better than in the secondary
financed of the
had not the U.S. Supreme Court handed down a
and elementary schools, but federal troops had to
tionary and "or-
watershed school desegregation decision in
quell serious disorders at the University of Mis-
opposition of
1954.
sissippi in the fall of 1962 and force the enroll-
T structure.
School Desegregation and Its Aftermath. Although
ment of James Meredith. The Civil Rights Act
quality (CORE),
blacks were denied formal education while in
of 1964 required school districts to comply with
$ the seedbed for
slavery, they participated enthusiastically in
its provisions against discrimination or lose fed-
videly employed
public education for a brief period during Recon-
eral funds provided for education.
ed that legalism
struction. Then, as a result of a Supreme Court
Frontal Assault on Southern Discrimination. The
mising equality.
ruling (Plessy V. Ferguson), blacks after 1896
Supreme Court decisions of 1954 and 1955 had a
through interra
were confined to "separate but equal" schools in
profound effect. Segregation, legal for more
CORE staged sit-
the South and in many other localities across the
than 50 years, was suddenly illegal, and the ma-
; and stand-ins at
country. Manifestly unequal by every yardstick,
chinery of the existing power structure would
nd 1948, and the
these segregated schools provided an education
now be used to carry out the new legality. What,
e first Freedom
far inferior to that offered whites. Disadvan-
then, of the many things that had long been legal
terstate transpor-
taged in education, blacks were inevitably disad-
but long denied by existing local governments to
vantaged in almost every other area.
so many citizens? If the central government had
been made by a
Beginning in the late 1930's, the Supreme
"changed the rules" in one area, would it permit
gton in 1941; by
Court chipped away at the 1896 doctrine as it
change in other areas by new methods? Con-
777
778
CIVIL RIGHTS MOVEMENT
gress in 1957 signaled its willingness to help
ister them. But rebuffs, reprisals, and dilatory
effect change by passing its first civil-rights law
tactics prevented significant numbers of blacks
in more than 80 years. The act dealt rather inef-
from joining the registration rolls.
fectively with voting rights.
Sit-ins, wade-ins, freedom rides, limited boy.
By 1957 a significant new organization and
cotts, demonstrations, marches, and other types
the most influential civil-rights leader of the de-
of creative disorder were gaining public accep-
cade had emerged. Continued discrimination
tance and convincing many white persons of the
on the Montgomery, Ala., buses was met by min-
legitimacy and morality of the blacks' demands.
isterial leadership in the formation of the Mont-
But events in highly segregated Birmingham,
gomery Improvement Association, and a success-
Ala., in April and May 1963 probably did more
ful boycott of the bus lines followed. The Rev.
than any other single thing to gain widespread
Martin Luther King, Jr., was catapulted to the
public support for the civil-rights movement.
front, and under his leadership the Southern
Picketings and sit-ins at some stores resulted in
Christian Leadership Conference (SCLC) was
the jailing of 2,400 persons. Dogs and fire hos-
organized in Atlanta in 1957. The charismatic
es-by order of Police Commissioner Eugene
King was totally committed to nonviolent direct
"Bull" Connor-were directed at a large crowd
action that would "create such a crisis and foster
of street demonstrators that included many high
such a tension" that a community which had con-
school and younger students. The photograph of
stantly refused to negotiate would be forced to
a police dog leaping at the throat of a schoolboy
"confront the issue. King, a moderate, stood
outraged public sentiment, brought nationwide
between the forces of complacency and the
financial and political support, and fostered in-
forces of hatred and bitterness that were close to
creased pressure for action by the federal gov-
advocating violence. His methods were Gandhi-
ernment.
an but with more emphasis on love of those guil-
In June 1963, President Kennedy called for
ty of injustice. In contrast to Gandhi, King and
new legislation. More than 200,000 people
his followers were members of a minority group;
marched in Detroit to demand immediate steps
the success of assertive nonviolence thus de-
for equality. The degree of public support for
pended in great measure on the inherent good-
civil rights was best exhibited by the march on
will of the white majority.
Washington, D.C., on Aug. 28, 1963. More than
The SCLC tactics were adapted from CORE,
250,000 persons from all over the nation gath-
which under the leadership of James Farmer be-
ered in almost religious attitude at the Lincoln
gan to expand rapidly in the late 1950's. But it
Memorial and demonstrated by their presence
took a new organization, the Student Nonviolent
the intensity of the nation's "moral crisis."
Coordinating Committee (SNCC)-which King
Even as such nonviolent tactics received
helped organize-to inject a more zealous tone
wide public support, white extremists in the
into the movement. Beginning with four stu-
South stepped up their reprisals. Medgar Evers,
dents sitting in at a lunch counter in Greensboro,
field secretary for the NAACP, was shot to death
N.C., on Feb. 1, 1960, SNCC was formally orga-
at his home in Jackson, Miss., on June 12, 1963.
nized at Shaw University in Raleigh the follow-
On September 15, four black girls were killed in
ing April. The sit-ins, which SNCC was de-
a church bombing in Birmingham. The violence
signed to coordinate, had already spread
continued in 1964. For their "Mississippi Sum-
throughout the South, and those engaged in this
mer," COFO sent 1,000 students, teachers, and
activity were carefully selected and trained to
other persons into the state to encourage, train,
endure all kinds of verbal and physical abuse
and sustain blacks in registering and voting. Ha-
without resorting to counterattack. The compo-
rassed in every way-even by bombings and
sure of the blue-denimed youth won much sym-
beatings-the freedom workers endured much.
pathy and admiration, and their actions were up-
On June 20 three of them were murdered near
held by the Supreme Court in December 1961.
Philadelphia, Miss.
By that time a stronger civil-rights bill had
Congress Responds. The civil-rights bill had
been passed in 1960. John F. Kennedy-not yet
made no material progress in 1963. But then,
fully committed to civil rights but providing
after President Kennedy's assassination on No-
more moral leadership than his predecessor-
vember 22, President Lyndon Johnson called on
had become president, and the Freedom Rides
Congress to pass his predecessor's legislative
had begun in early 1961. Started by CORE, this
program. Administration pressure combined
action to test segregation in bus terminals serv-
with public indignation finally proved effective.
ing interstate passengers mushroomed when
A Senate filibuster was broken, and the "Magna
SNCC joined. It reached jail-overflowing pro-
Carta" for black Americans, the Civil Rights Act
portions when hundreds of volunteers-white
of 1964, was passed and signed into law on July
and black-reacted to the burning of one bus and
2. The law forbade discrimination in the use of
the abuse and beating of the occupants of anoth-
most public facilities. The government at long
er. More than 600 federal marshals were sent
last had declared for equality.
into the area to protect the riders, and the Legal
A "white backlash against the civil-rights
Defense and Education Fund saved CORE from
movement developed during the presidential
financial disaster by providing bail bonds and
campaign in 1964. Black leaders closed ranks
counsel. The next summer, CORE successfully
against Barry Goldwater, the Republican candi-
conducted its Freedom Highways campaign
date, who was the beneficiary of the backlash
aimed primarily at desegregating accommoda-
sentiment. The backlash proved not so strong as
tions in restaurant chains.
many had anticipated, and President Johnson
The summer of 1962 also saw several organi-
was reelected. But the civil-rights movement
zations form the Council of Federated Organiza-
seemed to be making little progress. Blacks con-
tions (COFO), which sought to teach blacks in
tinued to have great difficulty registering in
Mississippi what they needed to know to register
many places, and the situation in Alabama was
to vote, to persuade them to try to register, and
especially bad. In March 1965 a march to dra-
through orderly procedures to get officials to reg-
matize the demand for voting rights was halted
CIVIL RIGHTS MOVEMENT
779
ials, and dilatory
with bloodshed just outside Selma, Ala. Presi-
hilism in the summer of 1967. Registering vot-
imbers of blacks
dent Johnson then went before Congress to make
ers, desegregating lunch counters, and finding a
Ils.
an impassioned plea for a voting-rights law, and
few jobs for blacks had not made significant
des, limited boy.
Congress responded with the act of August 6,
headway toward curing the ills of the cities. A
and other types
which permitted federal examiners to register
summer of rioting in Newark, Detroit, and 30
ng public accep-
blacks under certain circumstances. The salu-
other cities left nearly 100 persons dead and
te persons of the
tary effect of the measure was undeniable; by the
more than 2,000 others injured.
blacks' demands,
summer of 1967 more than half of the eligible
President Johnson appointed a National Ad-
ed Birmingham,
blacks had been registered in Alabama, Missis-
visory Commission on Civil Disorders, with Illi-
obably did more
sippi, Louisiana, Georgia, and South Carolina.
nois Gov. Otto Kerner as chairman, to investigate
gain widespread
To the casual observer, black Americans
the riots. On March 2, 1968, the commission
ghts movement.
seemed closer to achieving equal rights than
reported that unemployment and underemploy-
tores resulted in
ever before. Then violence erupted again.
ment constituted the most serious grievances,
ogs and fire hos-
Violence and Fragmentation of the Movement. In
and that unfulfilled hopes and defiance of law
issioner Eugene
the Watts (black) section of Los Angeles, an out-
helped create a climate that encouraged vio-
at a large crowd
burst of rioting between Aug. 11 and 15, 1965,
lence, but that white racism must bear the chief
resulted in 34 deaths, more than 1,000 injuries,
blame for the conditions that sparked riots. The
uded many high
he photograph of
about 4,000 arrests, and $40 million in property
commission denied the conspiracy theory of the
it of a schoolboy
damage. The riot was born of frustration that
riots and cited the strong desire of blacks for a
ught nationwide
seemed rooted in urban ghetto conditions: high
cultural identity within a white society. It
and fostered in-
unemployment, stalling of poverty programs,
warned, however, of a trend toward the creation
miserable housing, exploitation by business es-
of two societies. The commission recommended
the federal gov-
tablishments, ill health, lack of hope, and insuf-
sweeping programs for housing, job creation and
nedy called for
ficient efforts to channel frustration into nonvio-
training, education, and welfare. The proposals
200,000 people
lent directions.
reflected the shifting of focus from guaranteeing
immediate steps
To unskilled and poverty-stricken blacks the
rights to an assault on economic barriers.
blic support for
various provisions of the 1964 act were a mock-
Dr. King's Death and Its Impact. The assassina-
by the march on
ery. Such blacks had no training that would
tion of Martin Luther King, Jr., on April 4, 1968,
963. More than
enable them to share in a booming technological
touched off new rioting in at least 46 cities. On
the nation gath-
economy. Many were disheartened and frustrat-
April 11, President Johnson signed a measure
at the Lincoln
ed by the slow results of nonviolence and social
providing penalties for those who attempt to in-
their presence
disorder; a large number were alienated from the
terfere with an individual's exercise of civil
ral crisis."
values of middle-class America; communication
rights and for those who use interstate and for-
actics received
between them and constituted authorities as well
eign commerce to incite, organize, participate in,
tremists in the
as with civil-rights leaders was poor.
or further a riot. The act forbade discrimination
Medgar Evers,
A serious division among civil-rights organi-
in most housing, but this provision was made
as shot to death
zations began to appear in 1966. In May a
obsolete in June. The Supreme Court, citing the
1 June 12, 1963.
shake-up in SNCC resulted in the replacement of
1866 Civil Rights Act, prohibited discrimination
S were killed in
John Lewis as chairman by the more radical
in the rental and sale of all housing.
1. The violence
Stokely Carmichael. Carmichael sanctioned re-
Another act, signed on Aug. 1, 1968, autho-
[ississippi Sum-
taliatory violence as a legitimate weapon. One
rized the construction or rehabilitation of more
s, teachers, and
month later, James Meredith was shot and
than 1.7 million housing units within three years.
ncourage, train,
wounded while leading a "March Against Fear"
Federal subsidies would greatly reduce both
and voting. Ha-
in Mississippi. Carmichael, one of the leaders
rental and purchase costs.
bombings and
who then took up the march, began to talk of
The National Urban League took steps to
endured much.
Black Power; he repudiated integration and di-
help ghetto residents organize, choose leaders,
murdered near
rected more and more of his appeal to the masses
identify grievances, and work out means of com-
in the ghettos. Many members of both races
pelling merchants, city officials, and others to
rights bill had
withdrew from the organization. SNCC gained
take corrective action. The emphasis on self-
963. But then,
some ideological identification with the Black
determination, pride, and self-respect indicated
ination on No-
Muslims, and Black Power seemed to move to-
disillusionment with tactics that had led to vio-
anson called on
ward Black Nationalism. Burning, destruction,
lence. CORE was shaken in 1968 by dissension
or's legislative
rioting, and guerrilla tactics were freely spoken
between advocates of reform and revolution.
ure combined
of by Carmichael and H. Rap Brown, who suc-
Challenges and Change. The Rev. Ralph D.
roved effective.
ceeded him in 1967.
Abernathy succeeded King as president of SCLC
nd the "Magna
CORE, under the national chairmanship of
and led the Poor People's Campaign that King
Civil Rights Act
Floyd B. McKissick, had become less conserva-
had conceived. But a two-month encampment
ato law on July
tive. In 1967 it made the first significant move
in Washington and marches on government of-
on in the use of
toward becoming the unifying group for activist
fices failed to achieve ill-defined goals. Issues
rnment at long
black organizations when it eliminated "multira-
had changed, and the old strategies seemed less
cial" from its membership description. McKis-
effective. However, a strike by sanitation work-
the civil-rights
sick considered the civil-rights movement dead
ers in Memphis, Tenn., achieved employee de-
le presidential
and the "black revolution" under way.
mands. For the first time, in such a confronta-
'S closed ranks
Efforts by King to end discrimination in hous-
tion, city officials faced an effective coalition of
ublican candi-
ing and employment in Chicago through mass
labor, civil rights, and religious groups.
f the backlash
demonstrations and marches were unsuccessful
Dubious of Richard Nixon's commitment to
not so strong as
in 1966. The SCLC leader found himself caught
civil rights, blacks overwhelmingly supported
ident Johnson
between the new legalism of NAACP and the
Hubert Humphrey for president in 1968.
thts movement
growing radicalism of CORE and SNCC. His
Charges of a 'Southern strategy" appealing to
is. Blacks con-
nonviolent philosophy and intellectualism im-
whites gained credence when in 1969 the Nixon
registering in
paired his chances of becoming a leader of the
administration sought to delay integration of cer-
Alabama was
most alienated elements within the ghettos.
tain Southern school districts. Nearly 35% of
march to dra-
The more militant elements within the black
Southern black students attended desegregated
hts was halted
community seemed close to a philosophy of ni-
schools by 1970, but tempers flared in both the
780
CIVIL RIGHTS MOVEMENT-CIVIL SERVICE
North and South over the busing of students from
CIVIL SERVICE, the organized body of paid, civil-
la
their school districts to achieve integration.
ian government employees appointed to office
W
Congress in 1970 rejected administration at-
rather than elected. It is often synonymous with
su
tempts to "water down" an extension of the Vot-
the "merit system," under which employees are
ing Rights Act of 1965, a law largely responsible
hired on the basis of their qualifications, as de-
pl
for doubling black voters since 1960 and for
termined by examinations, and not because of
Ai
electing 528 Southern black officials in 1969.
their political affiliation.
Tl
But racial tension grew as black unemployment
The civil service is most typically viewed as
ap
rose and as violence increased between blacks
an organ of a central government, but there are
th
and police. Chicago police killed two leaders of
also state, provincial, local, regional, and interna-
po
the Black Panther party in 1969, and many per-
tional civil services. The precise categories of
po
sons supported Panther charges of a national
personnel officially included in a civil service
tiv
conspiracy to eliminate their leaders. When po-
vary somewhat from nation to nation. Also, pop-
lice killed six blacks in Augusta, Ga., and two at
ular and legal usages of the term may differ.
Mississippi's Jackson State College in 1970,
However, custom and law everywhere exclude
blacks accused the Nixon administration of creat-
elected officials and members of the armed
cia
ing an atmosphere of violent repression.
forces from civil service.
ser
But one indication of growing success in the
iat
U.S. CIVIL SERVICE
civil-rights movement was the increased number
by
of blacks elected to public office and the forma-
Since World War II, the merit system has cov-
sec
tion in 1969 of the Congressional Black Caucus.
ered almost all- federal full-time civil servants.
Beginning with a membership of six in the
In addition, more than two thirds of the states
vic
House of Representatives, the caucus grew to
and many cities have full or partial merit sys-
me
more than 20 members over the next decade.
tems. Employees in the civil service provide a
bot
The group stressed such issues as enforcement of
vast range of services and include administrative
tior
the civil-rights laws, elimination of discrimina-
officials, police officers, fire fighters, sanitation
call
tion, support of voter registration, increased edu-
workers, technicians, social workers, and secre-
mix
cation and job training, and reforms in welfare.
tarial and clerical workers. Virtually every occu-
reel
As the struggle over access to public accom-
pation can be found in the civil service.
terr
modations had been largely won by the early
Reform Act of 1978. Until 1978 the U.S. Civil
1970's, attention increasingly turned to the pro-
Service Commission was responsible for the
and
motion of educational and economic opportuni-
management of the federal civil service. It pro-
that
ties. Of crucial importance was a campaign for
vided examinations for job applicants, estab-
dan
affirmative action as a means of overcoming lin-
lished job classifications, and was responsible for
vice
gering effects of past discrimination. The Equal
personnel management. The 1978 reform act
rem
Employment Opportunity Act of 1972 was en-
replaced the commission with two new agen-
ized
acted to encourage preferential hiring and pro-
cies-the Office of Personnel Management and
motion of ethnic minorities and women.
the Merit Systems Protection Board. The new
Key Supreme Court decisions in the 1970's
law also made it possible to reward good perfor-
]
condemned racially discriminatory hiring prac-
mance with merit pay raises and permitted su-
rope
tices, supported awards of back pay to victims of
pervisors to fire incompetent workers if they
the I
job discrimination, and generally supported
could show substantial evidence to support their
opm
(United States V. Weber, 1979) the principle that
claims. Pay increases also were tied to perfor-
pract
race-conscious affirmative action by private em-
mance for some managers.
time
ployers was permissible. In 1980 (Fullilove V.
Job Classifications. The most distinctive fea-
tribu
Klutznick) the court ruled that Congress could
tures of U.S. civil services lie in their complex
istrat
make limited use of racial quotas in setting fund-
systems of job classification and availability to
T
ing guidelines to support black businesses.
persons seeking employment. Generally there
west
In the 1980s, however, Reagan administration
is a very detailed classification of jobs based on
place
policies generally ran counter to many of the
relative difficulties of duties and responsibilities,
saw
trends viewed as progressive by civil-rights lead-
to which commensurate pay is usually quite
mode
ers. Administration programs called for limiting
closely tied.
trativ
or ending school busing for the purposes of inte-
Federal civil-service employees are grouped
stage
gration, supporting federal tax credits for parents
according to jobs and pay scales into 18 General
Franc
who send their children to private and parochial
Schedule grades-GS-1 to GS-18. Salaries are
have
schools, and putting curbs on affirmative-action
comparable to those in private industry. The
Tl
initiatives. In 1984 the U.S. Commission on
civil service is a career system, and employees
verte
Civil Rights, with a pro-administration majority
may be promoted or transferred without any loss
to the
in control, denounced the use of numerical quo-
of their civil-service rights. There has been a
cians.
tas in affirmative-action programs. It took the
tradition of "lateral entry, with persons entering
the di
view that they "merely constitute another form
the civil service at all ages and levels, and fre-
partia
of unjustified discrimination" and are contrary to
quently moving back and forth between the gov-
bers (
the constitutional principle of equal protection
ernment and private enterprise.
necess
for all citizens.
Merit System. Most applicants for federal jobs
compl
CHASE C. MOONEY*
must take civil-service examinations, which vary
Pru
Author of "Civil Rights and Civil Liberties"
according to the position being tested for. Exam-
service
BARRY GROSSBACH*
inations are required to be as practical as possi-
By th
Community College of Philadelphia
ble, and applicants may enter the civil service at
electo:
any level for which they qualify. The exams may
cient ]
Further Reading: Abraham, Henry J., Freedom and the
Court: Civil Rights and Liberties in the United States, 4th
be oral or written, and some include a test of
choser
ed. (Oxford 1982); Barker, Lucius J., Jr., and Barker, Twiley
specific skills. For some occupations, applicants
sible f
W., Civil Liberties and the Constitution, 5th ed. (Prentice-
are evaluated on the basis of their education,
settlen
Hall 1986); Hall, Kermit L., ed., Civil Liberties in American
History (Garland 1987); Sowel, Thomas, Civil Rights:
training, and experience. All federal agencies
sian C:
Rhetoric or Reality? (Morrow 1983).
have some positions not subject to civil-service
moder
CIVIL SERVICE
781
I body of paid, civils
laws, including department and agency heads
In France, the French Revolution and the
appointed to office
who are politically appointed and thus likely to
Napoleonic administrative reforms replaced the
in synonymous with
support administration policies.
royal service with a public service by the early
hich employees are
Applicants who pass the examinations are
19th century. The Napoleonic features of hierar-
ualifications, as do-
placed on a list in the order of their grades.
chy, centralization, and competence became
and not because of
Armed forces veterans are given extra credits.
models for the reform of other governments.
The government investigates the background of
Britain. By the mid-18th century in Britain,
typically viewed
applicants to determine their suitability, and
much of the power of the throne had been trans-
nent, but there are
there are loyalty and security requirements for
ferred into the hands of factions and parties. In
gional, and internal
positions involving national security. All but top
the process the civil offices and perquisites be-
ecise categories of
policy makers are prohibited from taking an ac-
came open to the corrupting type of patronage
in a civil service
tive part in partisan politics.
manipulation that was soon to be known in the
nation. Also, pop-
INTERNATIONAL CIVIL SERVICE
United States as the "spoils system."
term may differ.
However, by the middle of the 19th century
verywhere exclude
The United Nations Secretariat and its spe-
there was so heightened a concern about corrup-
ers of the armed
cialized agencies are staffed by a worldwide civil
tion, economy, and efficiency, as well as popular
service. Personnel management in the Secretar-
rights to office, that modern civil service soon
iat is conducted by an office of personnel headed
came full scale to Britain. The Civil Service
ICE
by an undersecretary reporting directly to the
Commission was established in 1855 to examine
erit system has cov.
secretary general of the United Nations.
applicants nominated by the various depart-
me civil servants,
A main problem in the staffing of the civil ser-
ments. The merit system became a reality in
hirds of the states
vice is the need to balance UN charter require-
Britain in 1870 with the requirement that there
partial merit syst
ments that personnel be selected on a basis of
be open competition for most initial appoint-
service providels
both competence and geographical representa-
ments to the civil service.
ude administrative
tion. Therefore there are area quotas. Basi-
United States. The civil service in the United
fighters, sanitation
cally, the system is an open one and represents
States has been deeply influenced by the demo-
orkers, and secre-
mixed U.S., British, and French experience. Ca-
cratic aspirations and social mobility of its peo-
rtually every occu-
reers are encouraged, but there is much fixed-
ple, and especially by the idea of equality of
il service.
term and temporary employment at all levels.
opportunity. At first, U.S. presidents made ap-
978 the U.S. Civil
There is necessarily a complex system of pay
pointments on the basis of an individual's quali-
sponsible for the
and perquisites, generally based on the principle
fications, regardless of party. But by the early
il service It pro-
that such a body should receive pay in accor-
19th century it had become common practice for
applicants, estable
dance with that of the highest-paid national ser-
an incoming president to replace large numbers
as responsible.for
vices. There is a coordinating body to see that
of government workers with members of his own
1978 reform act
remuneration in the Secretariat and the special-
party, regardless of qualifications.
h two new agen.
ized agencies is similar.
The 'spoils system," as this policy was
Management and
HISTORICAL BACKGROUND
known, was strongly supported by President An-
Board. The new
drew Jackson. He fostered the growth of that
ward good perfor
The creation of national states in western Eu-
system by his firm belief in personal and party
and permitted su-
rope during the 15th and 16th centuries provided
loyalty as conditions for holding office. The sys-
workers if they
the preconditions and the impetus for the devel-
tem reached its peak in the years immediately
e to support their
opment of a civil service. But many modern
after the Civil War, when corruption became a
re tied to perfor-
practices can be traced to ancient and medieval
serious problem at all levels of government.
times. Egypt, Greece, Rome, and China all con-
A movement for reform of the system led
t distinctive fex-
tributed some of the elements of modern admin-
Congress to pass legislation in 1871 giving the
in their complex
istration.
president the authority to establish tests for per-
nd availability to
The evolution of the modern civil service in
sons applying for federal jobs. But the reform
Generally there
western Europe and in the United States took
attempt was aborted in 1873, when Congress
of jobs basedion
place in several stages. The first, or royal, stage
failed to provide additional funding. Public de-
1 responsibilities,
saw the growth of the embryonic concepts of
mands for reform intensified after the assassina-
is usually quite
modern government, including a civil adminis-
tion of President James Garfield in 1881 by a dis-
trative system and personnel to manage it. This
appointed office seeker.
yees are grouped
stage was largely complete by 1750 in Britain,
Garfield's death led to passage of the Pendle-
; into 18 General
France, and Prussia, and their experience was to
ton Federal Civil Service Act of 1883. The act
18. Salaries are
have the greatest impact elsewhere.
created a Civil Service Commission and firmly
: industry. The
The royal establishments were gradually con-
established the merit system in the national gov-
and employees
verted into constitutional institutions responsive
ernment on a partial basis. A series of statutes
without any loss
to the new authority of parliaments and politi-
and executive orders extended the system, even-
here has been.
cians. The new institutions also served to meet
tually placing most jobs under civil-service regu-
persons entering
the demands of a growing electorate for an im-
lations. Many state and local jurisdictions fol-
levels, and free
partial, economical service not limited to mem-
lowed the federal example, so that merit system
between the gov-
bers of the aristocracy. They also provided the
practices became similar nationwide.
necessary professional skills to cope with new
; for federal jobs
complexities.
Bibliography
ions, which vary
Prussia and France. The development of civil
Garrett, John, Managing the Civil Service (State Mutual
ested for. Exam-
services was most rapid in France and Prussia.
Books 1980).
ractical as possi-
By the mid-17th century, Frederick William,
Hoogenboom, Ari, Outlawing the Spoils (1968; reprint,
e civil service at
Greenwood Press 1982),
elector of Brandenburg, had established an effi-
Jones, Warren W., and Solnit, Albert, What Do I Do Next?
The exams may
cient military bureaucracy. Its members were
A Manual for People Just Entering Government Service
nclude a test of
chosen on a competitive basis and were respon-
(Planners Press 1980).
tions, applicants
Levitan, Sar A., and Noden, Alexandra B., Working for the
sible for financial and economic matters, refugee
Sovereign (Johns Hopkins Univ. Press 1983).
their education:
settlement, and trade. The 18th century Prus-
Ripley, Randall B., and Franklin, Grace A., Congress, the
ederal agencies
sian civil service is often considered the first
Bureaucracy and Public Policy, 4th ed. (Dorsey 1987).
to civil-service
Stillman, Richard, and Mosher, Frederick C., eds., Profes-
modern civil-service system.
sions in Government (Transaction Bks. 1981).
Ref.
AE5
E4 VOLUME 1
A to Anjou
1989
V.I
WH
THE ENCYCLOPEDIA
AMERICANA
INTERNATIONAL EDITION
COMPLETE IN THIRTY VOLUMES
FIRST PUBLISHED IN 1829
GROLIER INCORPORATED
International Headquarters: Danbury, Connecticut 06816
634
BROWN V. BOARD OF EDUCATION-BROWNE
BROWN v. BOARD OF EDUCATION was a 1954
decision of the U.S. Supreme Court that voided
There he published two books in 1582.
state laws and state constitutional provisions
Any defended the Separatist action, and for
Treatise of Reformation Without Tarrying His
requiring or permitting the segregation of white
Which Showeth the Life and Manners
and black children in public schools on the
Christians set forth the principles that
basis of race. Chief Justice Earl Warren, writ-
ing for a unanimous court on May 17, 1954,
GATIONALISTS). associated with Congregationalism (see CONGRE-
held in Brown V. Board of Education of Topeka
that such laws and provisions denied to black
policies, and he was constantly embroiled his
Browne was quarrelsome and unstable in
children the equal protection of the laws guar-
anteed by the U.S. Constitution.
enemies. By 1585 his views had changed
controversy with his friends as well as with his in
The Topeka (Kans.) Board of Education had
established segregated elementary schools. Attor-
ciently to lead him to make his peace with suffi- the
neys for black children contended that the seg-
established church. In 1591 he was ordained in
the Church of England and given a parish
regated schools were not equal and could not be
Northamptonshire. There he remained for
in
made equal. A U.S. district court disagreed,
but Warren wrote that to "separate them from
years. Browne never wholly abandoned his earlier
views, but he apparently felt that the gathered
others of similar age and qualifications solely
spiritual fellowship of "true Christians" could be
because of their race generates a feeling of in-
maintained even within the established church.
feriority
that may affect their hearts and
There is some indication that he occasionally
minds in a way unlikely ever to be undone." He
ministered to secret Separatist congregations
added, "Separate educational facilities are in-
the vicinity of his parish. He died in Northamp- in
herently unequal." On May 31, 1955, the court
ton jail in 1633, having been committed as
asked local courts to require "a prompt and rea-
result of a brawl with the parish constable.
sonable start toward full compliance" with the
POWEL MILLS DAWLEY
decision, and said that local administrative prob-
The General Theological Seminary, New York
lems should be resolved "with all deliberate
speed."
BROWNE, Sir Samuel James (1824-1901),
Opponents of desegregation criticized the
British general, who invented the "Sam Browne
court's reliance on psychological and sociologi-
belt." He was born on Oct. 3, 1824, in India.
A
cal data. They contended that the court was in
valiant officer in Britain's conquest of India, he
effect passing legislation and was encroaching on
lost an arm in a cavalry charge in 1858 and led
states' rights. In later years the Supreme Court
division to take the Khyber Pass in 1878. He
struck down attempts by state legislatures and
died at Ryde, Isle of Wight, on March 14, 1901.
local school boards to avoid compliance.
His sword (or pistol) belt, used by officers in
many armies, is a broad waist-belt supported at
BROWNE, Hablot Knight (1815-1882), English
the shoulder. left side by a narrow strap crossing the right
caricaturist, who is best known, under the pseu-
donym Phiz, as the original illustrator of many of
Dickens' works. He was born at Kennington,
BROWNE, Sir Thomas (1605-1682), English
Surrey, on June 15, 1815. He began drawing
writer, physician, and antiquarian, who ranks
highly spirited caricatures at an early age, and
one of the most important figures in the liter-
in 1836 he succeeded Robert Seymour as illus-
ature of the baroque age. In both his thought
trator of the serial publication of Dickens'
and his distinctive style, Browne as a Renais-
Pickwick Papers. So successful was Browne's
sance man represents the transition from the
work that he was engaged to illustrate many of
religious world view of the Middle Ages to the
Dickens' novels, including Nicholas Nickleby
world view characteristic of modern man-scien-
(1838-1839), David Copperfield (1849-1850),
tific, rational, and skeptical. In contrast to Sir
Bleak House (1852-1853), and A Tale of Two
Francis Bacon, whom he admired, Browne Will
Cities (1859). He subsequently illustrated novels
neither willing nor able to give his whole intel-
by Charles James Lever and William Harrison
lectual allegiance to the emergent attitudes of
Ainsworth. Browne died at West Brighton, East
secularism and specialization. He remains, to bor+
Sussex, on July 8, 1882.
row the words in which he describes man, "that
great and true Amphibium, whose nature is dis-
posed to live in divided and distinguished
BROWNE, Robert (c. 1550-1633), English Puri-
worlds." His writings, whether on religion, archae-
tan leader, who was an early advocate of the
ology, or common superstitions, reveal an essen-
right and the necessity of founding Separatist
tially religious temperament. There is a quality of
congregations. Browne was born in Tolethorpe,
wholeness, both psychological and artistic, in
Rutland, and was educated at Corpus Christi
everything Browne wrote; it is this quality, pers
College, Cambridge. There he was influenced by
haps, that explains the popularity he has enjoyed
Thomas Cartwright and other Puritans who
among literary intellectuals in the 20th century, an
strenuously advocated further steps in the English
age of fragmentation and specialization. Equally
Reformation that would bring the Elizabethan
important to Browne's reputation is his memorable
church more closely into conformity with the
and uniquely expressive prose style, which may ac-
principles of Calvinistic Geneva. Though most
count for the special love felt for him by such
Puritans hoped to gain their ends from within the
varied prose artists as Samuel Johnson, Herman
church by Parliamentary reform, Browne was
Melville, and Virginia Woolf.
among the minority whose zeal outran their pa-
Life. Browne was born in London on Oct. 19,
tience. By 1580 he and a number of his followers
1605, the son of a mercer. He was educated at
(later called Brownists) had formed an inde-
Winchester and Broadgate Hall (now Pembroke
pendent congregation, contrary to the statutes of
College), Oxford. Subsequently he attended what
Elizabeth I. Browne was briefly imprisoned for
were then the three great Continental centers
his defiance of the law and then fled to Holland.
for medical studies-the universities of Montpellier
JK1061
.26
6
V.I
WHRC
;7
&
ti CONGRESS and the NATION
1945-1964
A Review of Government and Politics
in the Postwar Years
Published by
CONGRESSIONAL QUARTERLY SERVICE
1735 K Street N.W.
Washington, D.C., 20006
CIVIL RIGHTS
Chronology - 1959, 1960
Provision of emergency schooling for children of
Commission Extension. With the Civil Rights Com-
armed forces personnel in the event public schools were
mission scheduled to go out of existence 60 days after
closed by integration disputes.
filing its report Sept. 8 and the Senate Judiciary Com-
mittee sitting on extension legislation, Senate leaders
Other Proposals. Senate Majority Leader Johnson
turned to the Senate Appropriations Committee, which
(D Texas) Jan. 20 introduced a bill (S 499) featuring: an
obliged by attaching a rider to the House-passed Mutual
anti-bombing provision; extension of the Civil Rights
Security Program appropriation bill. The rider extended
Commission; a grant of subpena powers to the Justice
the Commission for two years, to Nov. 8, 1961, and ap-
Department in investigations of voting rights cases; and
propriated $500,000 to it. The Senate Sept. 14, and the
establishment of a Federal Community Relations Service
House in the early morning hours of Sept. 15, approved
to assist in the conciliation of disputes over segregation
the rider. Most of the debate on the rider consisted of
and integration.
Southern denunciation of the Commission's report.
A bipartisan bloc of Members in both chambers, in-
cluding House Judiciary Committee Chairman Celler (D
N.Y.) and Sens. Douglas (D III.) and Javits (R N.Y.),
Other Action. During consideration of the first
sponsored several bills that went beyond the other meas-
housing bill of 1959, subsequently vetoed by President
ures in providing: authority for the Federal Government
Eisenhower, the House rejected two attempts to add anti-
to develop and enforce, through the courts, school de-
discrimination requirements to the bill. The House first
segregation plans; and Part III powers for the Justice
rejected, on a 48-138 standing vote May 20, an amend-
Department.
ment by Adam Clayton Powell (D N.Y.) that would have
added a new title requiring written assurances that all
Committee Action. In hearings on both sides of
housing covered by the bill be available on a non-
Capitol Hill, Administration and Republican witnesses
discrimination basis. The following day the House also
generally opposed any proposals that went beyond the
rejected, on a 115-205 teller vote, an amendment specify-
President's recommendations. Attorney General William
ing that there should be no discrimination in selecting
P. Rogers held to the Administration position that Part III
occupants of public housing units.
"might do more harm than good at this time."
The Senate Judiciary Constitutional Amendments
Advocates of "strong" legislation, including the
Subcommittee Sept. 2 approved a proposed constitutional
Americans for Democratic Action and the National Assn.
amendment (S J Res 126) to abolish the poll tax and other
for the Advancement of Colored People, continued to
property qualifications for voting in federal elections.
press for Part III.
S J Res 126 was offered by Sen. Holland (D Fla.) and 66
co-sponsors, including the Senate's jority and minority
House. The House Judiciary Subcommittee No. 5
leaders. Like its predecessors, S J Res 126 would have
June 17 approved an amended version of the Celler bill
affected only federal elections and would not have removed
that contained, in essence, the Administration proposals
restrictions against paupers and other persons supported
plus Part III.
at public expense or by charitable institutions. There
What emerged from the House Judiciary Committee
was no further action on it in 1959.
Aug. 20 was a clean bill (HR 8601), deleting both Part III
and the Administration's provisions for aid to areas de-
segregating schools and for establishment of the Com-
1960
Passage of the Civil Rights Act of 1960 was a
mission on Equal Job Opportunity.
direct outgrowth of the 1957 Act. With a bipar-
At the end of the 1959 session the House bill was
tisan majority prevailing over both those who wanted
still in the Rules Committee, and Celler had taken steps
more federal intervention to protect constitutional rights
to bring pressure on the Rules Committee by filing a
and those who wanted none at all, Congress inched for-
motion to discharge the bill from its jurisdiction.
ward in 1960 with amendments to the earlier Act's voting
rights provisions. The chief provision authorized judges
Senate. Some leaders in the Senate conceded that
to appoint referees to help Negroes register and vote.
trying to work a bill through the Senate Judiciary Com-
The 1960 Act also provided criminal penalties for bomb-
mittee, which had never reported a civil rights bill, was
ings and bomb threats, and for mob action designed to
only a formality, that they had no hope that the Committee
obstruct court orders neither of these limited to
would act favorably.
racial incidents.
But the Senate Judiciary Constitutional Rights Sub-
As in 1957, the bill enacted in 1960 was based on
committee held hearings intermittently from March 18 to
Administration proposals. A marriage of convenience
May 8 and reported to the full Committee a two-part bill
between Republicans and Northern Democrats had to take
(S 2391) July 15. This would have required preservation
place to pass any bill at all. The 1960 bill was first
of voting records and extended the Civil Rights Commis-
whittled down by the House; the Senate made a few more
sion.
incisions; the House then approved the Senate version.
The full Committee began consideration of the bill
It was clear throughout the lengthy 1960 battle that
Aug. 3 and was still considering it when Congress ad-
the "moderate" civil rights group under the leadership
journed Sept. 15. While the bill was bottled up in the Ju-
of Senate Majority Leader Johnson (D Texas), Minority
diciary Committee, several Senators threatened to bring
Leader Dirksen (R III.), House Speaker Rayburn (D
up civil rights legislation on the floor by offering it as an
Texas) and House Minority Leader Halleck (R Ind.) was
amendment to other types of bills. To mollify this group
in control. But this did not prevent attacks from both
and end the lengthy 1959 session, Majority Leader Johnson
sides: Leaders of the "liberal" group tried to strengthen
and Minority Leader Everett McKinley Dirksen (R III.)
the bill but failed to unite a sufficient number behind
Sept. 14 announced that they planned to bring civil rights
alternative provisions; Southerners, working as a more
legislation up for debate about Feb. 15, 1960.
organized unit, filibustered and moved to kill those
1625
Chronology - 1960
CONGRESS AND THE NATION
Democrats by not signing the petition and by holding the
Registration Statistics
bill in the Rules Committee.
86
Voting registration statistics for 1960 published in the
Jan. 26 Attorney General Rogers announced the
Civil Rights Commission report are shown below. They show
Administration intended to add to its 1959 bill a plan for
the number of whites and non-whites of voting age and the
court-appointed referees to help Negroes register and
percentage of voting-age persons actually registered. In
vote.
some cases, the Commission's statistics were incomplete,
or not available (NA) and are so indicated.
Feb. 15 Majority Leader Johnson, as promised,
ti
began Senate debate on civil rights. Because no bill had
ai
been reported by the Senate Judiciary Committee, Johnson
Voting-Age Whites
Voting-Age Non-Whites
called up from the calendar a minor, House-passed bill
State
Number Registered %
Number Registered %
(HR 8315) and invited Senators to offer civil rights amend-
ments to it.
Ala.
1,353,058
860,073
63.6%
481,320
66,009
13.7%
Ark.
850,643
517,897
60.9
192,626
72,604
37.7
Feb. 18 The House Rules Committee granted the
Del.
233,250
211,867
90.8
33,999
18,814
55.3
House bill (HR 8601) a rule covering debate on the bill.
Fla.
2,617,438
1,819,342
69.5
470,261
183,197
39.0
At that point, the discharge petition reportedly had re-
C
Ga.
Incomplete
ceived 211 signatures (over two-thirds from Democrats)
La.
1,289,216
993,118
77.0
514,589
159,033
30.9
Md.
and was within eight names of the 219 needed to put the
1,561,161
1,146,211
73.4
283,906
168,199
59.2
Miss.
748,266
NA
NA
25,921
6.1
petition on the House calendar.
422,256
N.C.
2,005,955
1,861,430
92.8
550,929
210,450
38.2
Feb. 29 Southern speeches in the Senate against
V
S.C.
Incomplete
civil rights developed into a full-blown filibuster which
A
Tenn.
lasted until March 8. During that time, the Senate met
63 counties
around-the-clock with only two breaks.
1,114,272
930,198
83.5
235,199
150,869
64.1
d
March 8 A bipartisan group of Senate liberals
State
1,779,018
NA
NA
313,873
NA
NA
th
offered a petition to invoke cloture to end the filibuster.
Texas
213 counties
Johnson and Dirksen opposed the cloture move, Dirksen
3,880,461
1,973,217
50.9
517,048
174,387
33.7
saying he preferred to wait for the House to pass its own
D
State
4,884,765
NA
NA
649,512
NA
NA
bill, Johnson saying cloture should not be invoked until it
V
Va.
1,876,167
866,794
46.2
436,720
100,499
23.0
was clear that two-thirds of the Senators (the number
needed to invoke cloture) were agreed on the principal
elements of a civil rights bill. Cloture proponents
argued that they should not have to wait to vote on pro-
provisions most distasteful to them and to broaden
visions until two-thirds had informally decided on what
thers so as to dilute their effect on the South.
d
should be included and predicted that the House measure
A summing up shows that the South was the much
would be a "truncated bill."
nore successful of the two minority groups. Two Ad-
March 10 The cloture move was rejected by a
ninistration provisions were removed from the bill;
c
roll-call vote of 42-53 (D 30-33; R 12-20). With four of
ill of the remaining ones were modified. Observers
r
the 99 Senators absent (there was one vacancy), this was
generally agreed that Southern success was due in part
1
22 votes shy of the necessary two-thirds of the Senators
o expert organization, in part to help given them by
n
present and voting (64 in this case).
Republicans. The Southern Democrat-Republican coali-
e
The House adopted the rule for debate on its civil
ion was effective in committees as well as in maneuver-
rights bill by a 314-93 roll-call vote and began action
p
ng and voting on the floors of both chambers. Southern-
on HR 8601.
e
ers argued throughout that the bill victimized the South in
March 24 The House passed HR 8601 by a 311-
order to provide political dividends in the North; however,
109 vote (D 179-94; R 132-15).
nany Southerners conceded that the final bill was one
The Senate, which had accomplished little in the in-
they could "live with."
terim, abandoned its own bills and referred the House-
During the August session following the Presidential
passed bill to the Senate Judiciary Committee with in-
nominating conventions, at which strong civil rights
structions that the bill be reported back to the Senate no
h
blanks were adopted by both parties, President Eisen-
later than midnight March 29.
lower urged enactment of two provisions that had been
March 28-9 The Senate Judiciary Committee held
V
iropped from the original Administration bill. However,
hearings on the House-passed bill, with Administration
a
Northern and Southern Democrats in the Senate joined
and Southern spokesmen testifying. Following the hear-
n voting for a motion to table the two provisions, claim-
ings, the Committee voted amendments to every section
C
ng they were offered in a move to block passage of other
of the bill.
Democratic measures. The Aug. 9 tabling motion carried
March 30 The Senate began consideration of the
V
54-28 (D 52-4; R 2-24) and threats to force further voting
House bill as amended and reported (S Rept 1205) by the
on civil rights in August never materialized.
Judiciary Committee. It quickly agreed to all but one of
i
the Committee's amendments. The amendment on which
Summary of 1960 Action. Soon after Congress re-
action bogged down was to the reféree plan.
convened Jan. 6, 1960, pressure increased on the House
April 8 The Senate passed HR 8601, by a vote of
Rules Committee to release the bill reported to it by the
71-18.
Judiciary Committee Aug. 20, 1959. As the petition to
April 19 The House Rules Committee cleared the
discharge the Committee of the bill slowly gained more
bill for House concurrence in the Senate's amendments.
signatures, partisan statements were exchanged on the
April 21 The House, by a 288-95 (D 165-83; R 123-
House floor. Republican leaders charged that a Demo-
12) roll-call vote, agreed to the Senate's amendments to
cratic Congress was holding up the bill; Northern Demo-
HR 8601, thus sending the bill to the President for his
crats charged Republicans with cooperating with Southern
signature.
CIVIL RIGHTS
Chronology - 1960
May 6 The President signed the bill into law (PL
86-449).
Poll Tax Ban
LATER ACTION
The Senate in 1960 for the first time approved a
June 22 The Senate tabled, 58-29 (D 35-19; R 23-
proposal, in the form of a constitutional amendment,
to abolish the poll tax as a qualification for voting in
10), an amendment to the Independent Offices appropria-
federal elections. However, the House Judiciary
tion to prohibit use of funds in the bill for construction of
Committee deleted the poll tax ban from the three-
airport terminal buildings that would contain segregated
facilities.
part package of constitutional amendments in which it
was included (S J Res 39), lest it jeopardize approval
July 12 The Democratic nominating convention in
of an amendment for District of Columbia suffrage.
Los Angeles adopted, by voice vote, the strongest civil
The poll tax amendment was introduced in 1959
rights platform in the party's history after Southerners
as S J Res 126 by Sen. Holland (D Fla.), perennial
representing nine states presented a minority report.
July 27 The Republican nominating convention in
sponsor of anti-poll tax amendments, and 66 co-
Chicago adopted a civil rights plank almost as strong as
sponsors. It was offered as a floor amendment to
the Democrats' after Vice President Richard M. Nixon
S J Res 39 and approved by the Senate on a 70-18
prevailed on the platform committee.
(D 43-12; R 27-6) roll call Feb. 2, a two-thirds ma-
Aug. 8 President Eisenhower called on the recon-
jority being required (59 "yeas"). Previously the
Senate tabled, 50-37 (D 32-22; R 18-15), a substitute
vened Congress to enact two provisions, originally in the
Administration bill, to establish a Commission on Equal
sponsored by Sen. Javits (R N.Y.) that would have
Job Opportunity and to provide federal funds to aid areas
eliminated the poll tax by direct statute. The House
had approved the statutory approach five times be-
desegregating their schools. They had been rejected in
tween 1942 and 1949, but the measures had died each
the House and Senate.
time in the Senate.
Aug. 9 The Senate tabled on a 54-28 roll call a bill
(S 3823) incorporating the two provisions. All but four
As in other years, the issue was whether or not
Democrats voted in favor and all but two Republicans
the poll tax was a constitutional "qualification" for
voted against.
voting that the states could properly set. Both the
advocates of a constitutional amendment and those
who favored direct statutory action also feared a vic-
ISSUES IN THE 1960 DEBATE
tory for the opposing method might set a precedent
Voting Rights. The most difficult issue in the 1960
that would be followed in other civil rights legislation.
debate was the question of what kind of provision to add
The House Judiciary Committee subsequently
to the 1957 Civil Rights Act to further help Negroes
deleted the poll tax ban from S J Res 39 after Com-
register and vote. This developed into a three-sided
mittee Chairman Celler (D N.Y.) announced he would
controversy over proposals for federal registrars, as
join Holland in the fight to repeal the poll tax by con-
stitutional amendment in the next Congress. (See
recommended by the Civil Rights Commission in its
1959 report; court-appointed voting referees, as recom-
1962, below)
mended by the Eisenhower Administration; or federal
enrollment officers, a compromise proposal originally
proposed by Sen. Hennings Jr. (D Mo.). Congress finally
If the court made such a finding, Negroes in that area
could turn to the court and ask to be registered. They
enacted a modified version of the Administration plan.
would be heard either by the judge or by voting referees
appointed by the judge, who would determine whether the
REGISTRARS V. REFEREES
Negroes were qualified under state voting laws. If the
Negro were heard by the referee, the hearings would be
Under the registrar proposal, the Civil Rights Com-
ex parte (without cross-examination by opponents) and
mission would investigate charges that state registrars
the referee would report to the court which Negroes
had refused to register qualified voters because of their
he found qualified to vote. If the referee's report
race, color, religion or national origin. Valid cases
were not challenged by state officials within 10 days,
would be certified to the President, who would designate
the court would issue the Negroes certificates stating
a federal officer or employee in the district to register
that they were qualified to vote in state as well as
voters until state officials were ready to resume the task
federal elections and those Negroes' names would be
on a non-discriminatory basis.
entered in a court decree, which would be served
The basic idea of the Administration's referee plan,
on state officials.
which was announced by Attorney General Rogers Jan. 26,
The court could authorize the referee or other per-
was to place responsibility for guaranteeing voting rights
sons to see that the qualified Negroes were allowed to
in the courts.
vote and their ballots were counted. Any official who
The process would begin with a civil suit brought in
refused to comply with the court decree - whether by
a federal court by the Justice Department under the 1957
refusing to register the qualified Negro, by refusing to
Act. The suit would seek an injunction against persons
let him vote or by refusing to count his ballot - would
who had denied, or were about to deny, anyone his right
be subject to contempt of court proceedings.
to vote in a primary or general federal election because
As offered on the House floor March 14, the Adminis-
of race, color, religion or national origin. If this suit
tration referee proposal was revised to require applicants
were successful, the Attorney General would ask the
to prove that they had attempted to register through regu-
courts to make a separate finding, on the basis of another
lar channels since the court had made its "pattern or
court proceeding, that there was a pattern or practice of
practice of discrimination" finding. The revised version
such discrimination.
also eliminated that part of the original proposal that
Chronology 1960
CONGRESS AND THE NATION
Provisions of Civil Rights Act of 1960
TITLE I
TITLE VI
Provided that persons who obstructed or inter-
Provided that after the Attorney General won a civil
fered with any order issued by a federal court, or
suit brought under the 1957 Civil Rights Act to protect
attempted to do so, by threats or force, could be
Negroes' right to vote, he could then ask the court to
punished by a fine of up to $1,000, imprisonment of up
hold another adversary proceeding and make a separate
to one year, or both. Such acts could also be prevented
finding that there was a "pattern or practice" of de-
by private suits seeking court injunctions against them.
priving Negroes of the right to vote in the area involved
in the suit.
TITLE II
If a court found such a "pattern or practice," any
Made it a federal crime to cross state lines to avoid
Negro living in that area could apply to the court to issue
prosecution or punishment for, or giving evidence on,
an order declaring him qualified to vote if he proved
the bombing or burning of any building, facility or
(1) he was qualified to vote under state law; (2) he had
vehicle, or an attempt to do SO. Penalties could be a
tried to register after the "pattern or practice" finding;
fine of up to $5,000, or imprisonment of up to five
and (3) he had not been allowed to register or had been
years, or both.
found unqualified by someone acting under color of law.
Made it a federal crime to transport or possess
The court would have to hear the Negro's application
explosives with the knowledge or intent that they would
within 10 days and its order would be effective for as
be used to blow up any vehicle or building. Allowed the
long a period as that for which he would have been quali-
presumption, after any bombing occurred, that the ex-
fied to vote if registered under state law.
plosives used were transported across state lines
State officials would be notified of the order, and
(therefore allowing the FBI to investigate any bombing
they would then be bound to permit the person to vote.
case), but stipulated that this would have to be proved
Disobedience would be subject to contempt proceedings.
before the person could be convicted. Penalties could
To carry out these provisions, the court may ap-
be imprisonment of up to one year and/or $1,000 fine;
point one or more voting referees, who must be qualified
if personal injury resulted, 10 years and/or $10,000
voters in the judicial district. The referees would re-
fine; if death resulted, life imprisonment or a death
ceive the applications, take evidence, and report their
penalty if recommended by a jury.
findings to the court. The referee must take the Negro's
Made it a federal crime to use interstate facilities,
application and proof in an ex parte proceeding (without
such as telephones, to threaten a bombing or give a
cross-examination by opponents) and the court may set
false bomb-scare, punishable by imprisonment of up
the time and place for the referee's hearing.
to one year or a fine of up to $1,000, or both.
The court may fix a time limit ofup to 10 days, in
which state officials may challenge the referee's report.
TITLE III
Challenges on points of law must be accompanied by a
Required that voting records and registration
memorandum and on points of fact by a verified copy of a
papers for all federal elections, including primaries,
public record or an affidavit by those with personal
must be preserved for 22 months. Penalties for failing
knowledge of the controverting evidence. Either the
to comply or for stealing, destroying or multilating the
court or the referee may decide the challenges in ac-
records could be a fine of up to $1,000, and/or im-
cordance with court-directed procedures. Hearings on
prisonment for one year.
issues of fact could be held only when the affidavits show
Directed that the records, upon written application,
there is a real issue of fact.
be turned over to the Attorney General "or his repre-
If a Negro has applied for a court certificate 20 or
sentative" at the office of the records' custodian.
more days before the election, his application is chal-
Unless directed otherwise by a court, the Justice
lenged, and the case is not decided by election day, the
Department representative must not disclose the con-
court must allow him to vote provisionally, provided he
tent of the records except to Congress, a government
is "entitled to vote under state law," and impound his
agency, or in a court proceeding.
ballot pending a decision on his application. If he ap-
plies within 20 days before the election, the court has
TITLE IV
the option of whether or not to let him vote.
Empowered the Civil Rights Commission, which
The court would not be limited in its powers to en-
was extended for two years in 1959, to administer
force its decree that these Negroes be allowed to vote
oaths and take sworn statements.
and their votes be counted and may authorize the referee
to take action to enforce it.
TITLE V
The referees would have the powers conferred on
Stated that arrangements might be made to provide
court masters by rule 53(c) of the Federal Rules of
for the education of children of members of the armed
Civil Procedure. (Rule 53(c) gives masters the right
forces when the schools those children regularly at-
to subpena records, administer oaths and cross-
tended had been closed to avoid integration and the U.S.
examine witnesses.)
Commissioner of Education had decided that no other
In any suit instituted under these provisions, the
educational agency would provide for their schooling.
state would be held responsible for the actions of its
Amended the laws on aid to impacted school districts
officials and, in the event state officials resign and are
(PL 81-815, PL 81-874) to this effect.
not replaced, the state itself could be sued.
CIVIL RIGHTS
Chronology - 1960
would have authorized referees to oversee the actual
counting of ballots.
1960 Platforms
ENROLLMENT OFFICERS PLAN
Democrats. The Democratic convention July 12,
1960 adopted the strongest civil rights plank in the
The basic idea of the Hennings proposal was that
history of the party. It proposed legislation to: elimi-
after the Attorney General brought a suit under the 1957
nate literacy tests and poll taxes where they still
Act and the judge hearing the case found a pattern or
existed as voting requirements; require school dis-
practice of discrimination (without, as in the referee
tricts still segregated to submit plans for at least
plan, involving a separate case), the Attorney General
first-step desegregation by 1963 and provide techni-
would so notify the President. The President would then
cal and financial assistance to school systems going
appoint federal enrollment officers for that area to regis-
through desegregation; authorize the Attorney Gen-
ter all Negroes found qualified under state voting laws.
eral to file suits seeking court injunctions against
If a Negro's qualification were challenged on election day,
deprivation of any civil right; establish a federal
he could vote provisionally until the case was decided; if
Fair Employment Practices Commission; and
he were prevented from voting on or before election day,
strengthen and make permanent the Civil Rights Com-
the Justice Department would ask for a temporary court
mission. The platform also pledged executive action
injunction.
to assure equal employment opportunities and end
The Hennings plan was destined to become identified
racial segregation in areas of federal activity, as well
as a Democratic bill and never became the instrument
as to end discrimination in federal housing programs.
of compromise he intended.
Republ icans. The GOP platform, adopted July 27,
proposed legislation to: make a sixth-grade education
HOUSE ACTION
conclusive evidence of literacy for voting purposes;
authorize the Attorney General to bring action for
In the House, which acted first, the three-cornered
school desegregation; provide federal aid and techni-
nature of the controversy almost led to the rejection of
cal assistance for schools attempting to desegregate;
the entire voting provision. But Northern Democrats
establish a permanent Commission on Equal Job
finally threw their support from the enrollment officers
Opportunity; and end "discriminatory membership
to the referee plan, thus assuring passage. Before doing
practices of some labor union locals, unless such
so, however, they pressed successfully for the adoption
practices are eradicated promptly by the labor
of a strengthening amendment sponsored by Rep. O'Hara
unions themselves." The platform also carried
(D Mich.). The O'Hara amendment provided for the pro-
pledges to bar discrimination in federally assisted
visional acceptance of ballots cast by persons who had
housing, oppose use of federal funds to build segre-
applied for registration to a voting referee 20 or more
gated community facilities, prohibit segregation in
days before the election and whose application had been
public transportation and "other Government au-
challenged and was still pending. In cases where the
thorized services." The GOP also pledged its "best
application had been filed less than 20 days before the
efforts" to change the Senate cloture rule.
election, the applicant could be permitted to vote at the
discretion of the court. The amendment also restored
some measure of the referee's power to supervise voting
The other Senate amendment dealt with the pro-
and ballot counting.
visional voting concept contained in the House-approved
After narrowly escaping an amendment that would
O'Hara amendment. This amendment, offered by Sen.
have limited its effect to federal elections, the voting
Dirksen (R III.) and accepted April 7 by a 79-12 (D 52-8;
referee provision was formally adopted by the House
R 27-4) vote, added to the section, stating that courts
March 23 on a 295-124 roll-call vote.
shall alow the Negro to vote provisionally, the words,
"provided, however, that such applicant shall be qualified
SENATE ACTION
to vote under state law." Senators were split on the
amendment's effects, and the liberal bloc divided in the
The Senate also approved the referees plan, but with
voting, part of its membership casting the 12 negative
two substantive changes, both designed to temper South-
votes.
ern objections. All other amendments were rejected.
They included efforts by the pro-civil rights "liberal
Court Orders, Bombings. Two sections of the Ad-
bloc" to strengthen the plan and amendments by the 18-
ministration bill were substantially broadened before
member Southern bloc to weaken it.
final enactment. One Administration proposal would have
The first of these changes, sponsored by Sen. Estes
made it a federal crime to obstruct the carrying out of
Kefauver (D Tenn.) and adopted by the Senate Judiciary
court orders for school desegregation; the other would
Committee by a 7-6 vote, deleted the language that re-
have permitted the Federal Government to prosecute
quired a Negro's appearance before a voting referee to be
instances of bombings of schools and churches. The
ex parte (without cross-examination by opponents) and
final bill made the court order provision apply to ob-
added a provision to make the hearings public and to per-
struction of any kind of court order and the bombing pro-
mit the appearance of the registrar or his counsel.
vision apply to bombing or burning of any kind of building
By a 69-22 (D 38-19; R 31-3) vote, the Senate April
or vehicle. The result was that the provisions were more
1 accepted a substitute for the Kefauver amendment. The
general in nature and less obviously directed at racial
substitute restored the House language requiring that
incidents in the South.
hearings before the referee be held parte and per-
mitted the court to set the times and places of the hear-
Desegregation, Job Aid. Two sections of the Ad-
ings.
ministration bill those most vehemently opposed by
Chronology - 1960, 1961
CONGRESS AND THE NATION
Southerners were scrapped entirely. There was sub-
The Administration was vigorous, however, in trying
stantial evidence that this action was not unexpected or
to promote racial equality through executive action in the
entirely opposed by the Congressional leaders, and
fields of voting rights, discrimination by Government
President Eisenhower throughout the 1960 action made
contractors and Government agencies and in transporta-
no call for restoration of the provisions in the final bill.
tion facilities.
The two provisions would have: (1) established a
Meanwhile, the Civil Rights Commission, buttressed
permanent Commission on Equal Job Opportunity Under
by two Kennedy appointees, Spottswood Robinson III and
Government Contracts to investigate and try to eliminate
Erwin N. Griswold, issued a five-volume report calling
racial discrimination in companies working under Gov-
for a wide-ranging program of federal civil rights action
ernment contracts; and (2) provided federal technical
(see p. 1609).
assistance to school agencies going through a desegrega-
tion process; a prologue to this provision endorsed the
EXECUTIVE ACTIONS
Supreme Court's 1954 school desegregation decision and
Employment. President Kennedy March 6 issued
said state and local governments "are now obligated to
Executive Order No. 10925 establishing the President's
take steps toward the elimination of segregation in their
Committee on Equal Employment Opportunity to combat
public schools."
racial discrimination in the employment policies of Gov-
Southerners gained votes against the proposed Com-
ernment agencies and private firms holding Government
mission by arguing that it would establish a precedent for
contracts. The Committee, headed by Vice President
a Federal Fair Employment Practices Commission and
Johnson, replaced the earlier Committee on Government
that the provision constituted an endorsement of Vice
Employment Policy and the Committee on Government
President Nixon, who headed the existing Government
Contracts, headed by Vice President Nixon. Whereas
Contracts Committee.
the old Contract Committee had to wait for complaints
Both provisions were deleted from the Administration
to be filed, the new agency was authorized to make in-
bill by the House Judiciary Committee in 1959, and ef-
forts to restore them on the House floor in 1960 were
vestigations on its own responsibility and had the re-
sources of the Labor Department to aid it in enforcement.
ruled out of order on grounds that they were not germane
The order required regular compliance reports from
to the civil rights bill.
contractors, and these were to include reports on unions
The provisions were rejected by the Senate Judiciary
with which the contractors dealt. The Committee was
Committee and by the Senate itself, where the Commis-
authorized to hold hearings and publicize the names of
sion provision was tabled on a 48-38 (D 27-27; R 21-11)
roll call April 1. The desegregation assistance amendment
non-complying unions or companies. It also was au-
thorized to cancel contracts of companies that continued
was tabled on a 61-30 (D 37-20; R 24-10) vote April 4.
to discriminate or bar them from future contracts.
Part III, School Desegregation. Also rejected were
The Committee subsequently won agreements with several
amendments that provided for Part III or, more nar-
large Government contractors, including a broad anti-
rowly, for permission for the Attorney General at least
discrimination agreement from Lockheed Aircraft Corp.,
which the President called a "milestone" in civil
to enter private suits for school desegregation. Part III
was rejected by the House Judiciary Committee in 1959,
rights.
and efforts to add it on the House floor in 1960 were ruled
out of order as not germane. The Senate twice voted to
Transportation. Attorney General Robert F. Kennedy
reject Part III. The first vote came March 10, when the
May 29, 1961 petitioned the Interstate Commerce Com-
Senate tabled a Part III amendment by a roll call, 55-38
mission to issue regulations banning segregation in bus
terminals. He said "confusion" about existing rules had
(D 34-28; R 21-10). The second vote on Part III took
place April 4, when the Senate tabled, 56-34 (D 33-23;
given rise to "unrest and civil disorder." The Commis-
R 23-11), amendments to add Part III and to allow the
sion Sept. 22 issued a new set of regulations prohibiting
discrimination in interstate buses and terminals. The
Attorney General to enter private suits for school de-
regulations were flouted in some Southern areas, and the
segregation.
Department then set out to enforce them.
The Department also moved against discrimination
1961
The Kennedy Administration took office faced
in airport facilities, bringing suits against some airports
with the difficult problem of what to do with its
on the grounds that the Federal Airport Act barred any
own civil rights promises. The 1960 Democratic platform
"unjust discrimination" in the operation of interstate air
contained the most far-reaching pledges for legislative
transport. (Meanwhile, the Senate July 31 tabled, 54-33
and executive civil rights action ever made by a major
(D 37-19; R 17-14), an amendment to the Independent Of-
U.S. political party. But with a Congress narrowly
fices appropriation that would have prohibited payment of
divided on most of the President's "priority" welfare
obligated funds for construction of airport terminal build-
programs, Administration strategists decided not to ir-
ings containing racially segregated facilities. The action
ritate Southern Democrats by pressing for civil rights
came after Sen. Mike Mansfield (D Mont.) explained that
bills. In exchange, they hoped, Southerners would support
the Federal Aviation Agency no longer helped construct
other Administration measures.
terminals with segregated facilities, but that the funds
involved in the amendment were an obligation of the Gov-
The only civil rights legislation that received Ad-
ministration support and was enacted by Congress in 1961
ernment pledged before FAA changed its policy.)
extended the Civil Rights Commission for two years.
Voting. The Justice Department under the Kennedy
Other civil rights proposals, offered in the Senate as
Administration also more vigorously enforced the voting
amendments to various bills, and an attempt to curb
rights provisions of the 1957 and 1960 Civil Rights Acts.
Senate filibusters received no White House support and
The Department under President Eisenhower filed nine
were defeated.
suits between 1957 and Jan. 19, 1961. During the first
CIVIL RIGHTS
Chronology - 1961, 1962
10 months of the Kennedy Administration the Department
tions. This bill died in a Senate filibuster, with liberal
filed 14 suits.
civil rights forces variously laying the blame on the
Housing. President Kennedy did not make good on his
conservative Southern Democratic-Republican coalition,
1960 campaign promise to issue "the long-delayed execu-
on indifference of civil rights organizations, and on lack
tive order putting an end to racial discrimination in fed-
of aggressive leadership by the Administration.
erally assisted housing." Candidate Kennedy had said
A third civil rights measure, an FEPC bill, was
the President could do this "by a stroke of his pen," but
reported in the House but did not reach the floor.
the order was not issued for fear it would jeopardize
Meanwhile, the Executive Branch continued its
enactment of key Kennedy legislation, including the 1961
earlier activities in the civil rights field and expanded
housing bill and a measure to elevate the Housing and
the scope of its efforts in education and housing.
Home Finance Agency to Cabinet status. (See 1962)
Poll Tax. The General Services Administration Sept.
Education. The Justice Department under the Ken-
14 submitted to the Governors of the 50 states a pro-
nedy Administration took a direct hand in school desegre-
posed constitutional amendment (S J Res 29) barring the
gation by acting as a "friend of the court" in New Orleans
requirement of a poll tax as a qualification for voting in
and being rebuffed in its attempt to act as a plaintiff in
federal elections and primaries. This action followed
Prince Edward County, Va., where schools had been
passage by both houses of Congress. Bills to ban the poll
closed to avoid integration. The Department also was
tax by statute, rather than by constitutional amendment,
credited with some behind-the-scenes work to achieve
were approved five times between 1942 and 1949 by the
smooth transition to desegregated schools in other
House but died each time in the Senate, with filibusters
Southern areas.
in 1942, 1944 and 1946. Sen. Holland (D Fla.), sponsor
General Legislation. Candidate Kennedy Sept. 1, 1960
of S J Res 29, introduced an anti-poll tax amendment in
announced he had asked Sen. Joseph S. Clark (D Pa.) and
every Congress since 1949, but it never was reported
Rep. Emanuel Celler (D N.Y.) to draw up civil rights
by the Senate Judiciary Committee.
legislation "embodying our platform commitments for
The Senate March 27 approved amendment on a 77-16
introduction at the beginning of the next session." "We
roll call, 15 votes more than the necessary two-thirds
will seek enactment of this bill early in that Congress,"
hajority. Passage followed a 10-day "friendly filibuster,"
he said. However, when the Clark-Celler bills were in-
during which no attempt was made to invoke cloture.
troduced in 1961, White House Press Secretary Pierre
Debate on the proposal began March 14 when Majority
Salinger said they "are not Administration-backed bills.
Leader Mansfield (D Mont.) called up a minor measure
The President does not consider it necessary at this time
with the avowed purpose of permitting Sen. Holland (D
to enact new civil rights legislation."
Fla.) to offer his poll tax proposal (SJ Res 58) as a sub-
stitute for it. The Holland substitute was adopted by voice
Commiss Extension. Following the procedure it
vote March 27 after the Senate tabled, 59-34, a proposal
had used in 1959, the Senate Aug. 30 voted 70-19 (D 41-18;
by Sen. Javits (R N.Y.) to outlaw the poll tax by statute.
R 29-1) to attach a two-year extension, until Nov. 30,
The debate, as in earlier years, concerned both the
1963, of the Civil Rights Commission to the House-passed
substance and the proposed method of eliminating poll
State-Justice-Judiciary appropriation. The House Sept.
taxes. Language in Article 1, Section 2 and in the 17th
13 agreed to the two-year extension, 300-106 (D 161-82;
Amendment to the Constitution set the "qualifications"
R 139-24), and to an $888,000 appropriation for the Com-
for voters in federal elections as those "requisite" for
mission.
electors of the most numerous branch of the state legis-
Before the Senate added the two-year extension to the
lature. The issue thus was whether or not the poll tax
bill, Senate liberals offered and lost four amendments:
was a "qualification" that states could properly set.
to make the Commission permanent, tabled, 56-36 33-
Also under debate was the issue of whether poll taxes
28; R 23-8); to extend its life for four years, tabled 48-
should be outlawed by statute or by constitutional amend-
42 (D 31-29; R 17-13); to authorize civil suits for injunc-
ment. On the theory that poll taxes were not specifically
tive relief (tabled, 47-42); and to authorize federal aid to
designed to keep Negroes from voting, Holland and most
school districts seeking to desegregate, tabled, 50-40
of his supporters argued that there was no language in the
(D 34-26; R 16-14).
Constitution that barred a poll tax and therefore it had to
be achieved by amending the Constitution. To do other-
1962
Despite increasing pressure, the Kennedy Ad-
wise, they said, would open the states' entire control over
ministration in 1962 continued to sidestep de-
their election machinery to attack by federal legislation.
mands for general civil rights legislation -- including
Many civil rights advocates, on the other hand,
the "Part III" authority so ardently sought by civil rights
argued that to accept the constitutional amendment ap-
groups -- but gave its backing to two proposals in the
proach would be to concede that Congress had no other
voting rights field, already the subject of enactments in
method of eliminating abuses in voting laws, and this would
1957 and 1960.
set a bad precedent for other civil rights proposals.
One of these proposals, a constitutional amendment
President Kennedy, in a letter to Holland, assured
outlawing the poll tax as a voting requirement in federal
him of "my continued support for the principles set forth"
elections and primaries, won approval of both Senate
in Holland's amendment. The President's brother, At-
and House. As a proposed constit utional amendment,
torney General Robert F. Kennedy, endorsed the constitu-
it required a two-thirds majority of each chamber of
tional amendment approach but also said Congress could
Congress, as well as ratification by three-fourths of
outlaw the poll tax by statute without violating the Con-
the states.
stitution.
The other proposal was an Administration-sponsored
The House Aug. 27 approved S J Res 29 by a roll-call
measure to make anyone with a sixth-grade education
vote of 295-86 (D 163-71; R 132-15), which was 41 more
eligible to pass a literacy test for voting in federal elec-
than the two-thirds of those present and voting necessary
Chronology - 1962
CONGRESS AND THE NATION
to approve the amendment. Because the resolution had not
FEPC. The House Education and Labor Committee
yet received a rule for floor consideration from the House
Feb. 21 reported a bill (HR 10144 -- H Rept 1370) to
Rules Committee, House leaders called it up under sus-
prohibit discriminatory employment practices by em-
pension of the rules, a procedure which also requires a
ployers, labor unions or employment agencies. The bill
two-thirds majority for approval, and which allows only
called for establishment of a five-member, bipartisan
40 minutes of debate and no amendments. Chairman of
Equal Opportunity Commission, with authority to initiate
the House Judiciary Committee Celler urged approval
charges as well as investigate them and oversee enforce-
on the grounds that it was the only proposal which could
ment. The measure never reached the House floor.
get through the Senate. Some liberal Republicans pro-
EXECUTIVE ACTIONS
tested against the "gag procedure" under which the
Education. The Kennedy Administration adopted a
amendment was brought up in the House.
Although only 40 minutes of debate was allowed,
new policy of using discretionary authority granted by
Congress to deal where possible with desegregated rather
Southerners tied up the House for almost four hours with
two procedural roll calls and three quorum calls.
than segregated school systems. Acting under this policy,
Health, Education and Welfare Secretary Abraham A.
As passed by Congress, the amendment -- a varia-
Ribicoff March 30 announced that only desegregated
tion of earlier Holland proposals -- provided: "The
schools would qualify as "suitable" under regulations for
right of citizens of the United States to vote in any pri-
one section of the program of federal aid to "impacted"
mary or other election for President or Vice President,
school districts those bearing extra burdens because
for electors for President or Vice President, or for Sen-
of federal installations in the area. Starting with the
ator or Representative in Congress, shall not be denied or
1963-64 school year, he said, the Federal Government
abridged by the United States or any state by reason of
would be prepared to establish desegregated on-base
failure to pay any poll tax or other tax."
schools for children of parents living and working on
The 24th Amendment was finally ratified by the re-
federal property, when only segregated public schools
quired 38 states in 1964. Its only real effect was in the
were available off the base. Ribicoff announced at the
five states which still had a poll tax -- Alabama, Ark-
same time that the Justice Department was considering
ansas, Mississippi, Texas and Virginia. (See p. 1641.)
a suit to compel desegregation of school districts re-
ceiving aid under the impacted areas program.
Equal Rights. Sole action on equal rights was ap-
HEW in 1962 also adopted a new policy of contracting
proval Aug. 30 by the Senate Judiciary Committee of a
only with desegregated universities for summer training
joint resolution (S J Res 142) for a constitutional amend-
institutes authorized under the 1958 National Defense
ment to guarantee that "equality of rights" shall not be
Education Act.
denied or abridged "on account of sex."
In another move, the U.S. Office of Education an-
nounced plans to establish an information clearinghouse
Literacy Tests. A Senate filibuster spelled defeat
to help local school districts plan for desegregation.
for the Kennedy Administration's literacy test bill in
Hospitals. The Justice Department May 8 sought
1962. The measure (S 2750) provided that anyone with
to intervene in a suit brought by the National Assn. for
a sixth-grade education could not be flunked on a literacy
the Advancement of Colored People against a provision
performance test required of those registering to vote in
in the Hill-Burton Act of 1946, which authorized federal
federal. elections. It did not outlaw the giving of such
grants for hospital construction where the hospitals
tests, nor did it preclude a state from setting any other
maintained segregated facilities, on a separate but equal
level of education as a requirement for registering to
basis, for Negroes. If won, the suit would not cut off the
vote. The proposal originated in the 1960GOP platform,
money but would force desegregation of the hospitals.
and a similar recommendation appeared in the Civil Rights
Commission's 1961 report. The Democratic party also
Housing. President Kennedy Nov. 24 issued Execu-
was pledged to literacy test action.
tive Order 11063 barring racial discrimination in fed-
The measure reached the Senate floor April 24, when
erally assisted housing. The action, fulfilling a 1960
it was offered by Majority Leader Mansfield and Minority
campaign promise, had been delayed for almost two years
Leader Dirksen (R Ill.) as an amendment to a minor
in the fear that it might jeopardize other parts of the
House-passed bill. (They earlier had agreed to do this
Kennedy program in Congress.
if S 2750 was not reported by the Judiciary Committee.)
Early in 1962, Congress killed another Administra-
There followed a rather leisurely Southern filibuster,
tion housing proposal -- elevation of the Housing and Home
which the leadership made two unsuccessful efforts to
Finance Agency to a Cabinet-level Department of Urban
break by invoking cloture. The first cloture motion, re-
Affairs and Housing -- after the President Jan. 24 an-
jected May 9 by a 43-53 (D 30-30; R 13-23) vote, was
nounced that HHFA Administrator Robert C. Weaver, a
followed immediately by rejection, 33-64 (D 23-38; R 10-
Negro and an advocate of "open occupancy," was his
26), of another motion to table (kill) the bill. Voting for
choice for Secretary of the proposed Department. The
the cloture motion were 13 Republicans and 30 Northern
statement brought criticism from Republicans, who
Democrats. Voting against it were 23 Republicans, 7
claimed that in an election year the President was
Northern Democrats and 23 Southern Democrats. The
maneuvering to make them appear anti-Negro if they
second cloture motion, May 14, was rejected by a 42-52
did not vote for the Cabinet department.
(D 31-30; R 11-22) roll call -- 21 votes short of the
Women in Government. President Kennedy July 24
necessary two-thirds majority. No Senators changed
issued a memorandum barring discrimination against
their position from the first cloture vote. The following
women in federal service. In the future, he said, appoint-
day the Senate voted 49-34 (D 30-22; R 19-12) to shelve
ments and promotions must be made "without regard to
the bill, and it did not come up again during the 1962
sex except in unusual situations." The order overruled
session. There was no House action. Debate, like that
an opinion by Attorney General Homer S. Cummings in
on the poll tax proposal, was largely concerned with the
1934 that gave Government agencies the right to limit
constitutionality of the measure.
certain federal jobs to one sex or the other.
CIVIL RIGHTS
Chronology - 1963
1963
In 1963, the issue of Negro rights produced a
leaders, Negro and white, to do their utmost to lessen
national domestic crisis for the U.S. Dis-
tensions and exercise self-restraint."
contented with the pace of their advances in all spheres
The public accommodations provision was often
of American life, and better organized than ever before,
described as the "symbolic heart" of the President's
Negroes pressed for stepped-up activity on all fronts.
bill. A focal point of the 1963 Negro demonstrations had
Their drive resulted in a request by President Kennedy
been exclusion of Negroes from lunch counters, restau-
for new far-reaching legislation, and in Congressional
rants, amusement parks, theaters, hotels and other places
action which paved the way for possible passage in 1964 of
open to the general public. This was also one of the two
the Administration bill covering voting rights, school
provisions which at first was considered the most diffi-
desegregation, employment, access to public accommoda-
cult to get through Congress (the other being the federal
tions, and use of federal funds without discrimination.
funds section). Republican civil rights supporters argued
The only legislation in this field enacted in 1963 gave
that the provision should rest on the 14th Amendment's
the Civil Rights Commission a one-year extension.
guarantee that Negroes should not be denied equal protec-
The immediate impulse for the 1963 civil rights
tion of the laws by any state, rather than on Congress'
drive was a series of Negro demonstrations and boycotts
power to regulate interstate commerce, as the Adminis-
which soon spread throughout the country, North and
tration bill did. Also, Senate Minority Leader Everett
South. By the end of the year, demonstrations had taken
McKinley Dirksen (R III.) indicated that he would support
place in 800 cities and towns, climaxed by a gigantic
only a voluntary public accommodations provision. Re-
Aug. 28 "March on Washington for Jobs and Freedom"
publican support would be essential for getting the bill
in which 200,000 persons participated. The peaceful Aug.
through Congress over the opposition of Southern and
28 demonstration showed Negro groups united, and the
border-state Members; yet many Republicans had deep
Negro movement supported by whites, as never before.
misgivings about sections of the bill.
The demonstrations in 1963 began with Negroes, but
In the Senate, the Judiciary Committee, under the
the year saw millions of white Americans most noticea-
effective control of anti-civil rights Sen. James O. East-
bly church groups and college students taking a new and
land (D Miss.), its chairman, held hearings but took no
deep interest in the lot of colored Americans. At the
further action. The Senate Commerce Committee, to
same time, however, many Northern whites, especially
which the public accommodations section had been
in low income groups, became hostile to the Negro rights
referred as a separate bill, Oct. 8 approved a bill
drive which threatened existing de facto segregation in
(S 1732) incorporating the Administration's request. For
housing, employment and schools.
reasons of strategy, it was not formally reported in 1963.
In light of the urgent Negro demand for action, and
Once a bill is reported, it may be called up, and the
the possibility of heightened violence, the Kennedy
Senate leadership did not want to get into the civil rights
Administration in June widened a relatively slim civil
issue, and the expected filibuster, until the House had
rights package which it had submitted to Congress earlier
passed the civil rights bill first. S1732 was reported the
in the year, and moved civil rights legislation to the top
following year, but was set aside in favor of the omnibus
of its priority list. On Feb. 28, President Kennedy had
bill.
asked Congress for legislation dealing mainly with
The critical groundwork for 1964 action was laid in
broadening the existing laws to protect Negroes' voting
the House, where civil rights supporters of both parties
rights, and including provisions authorizing federal tech-
and Administration officials worked towards finding a bill
nical assistance to areas desegregating schools, and
which would receive the necessary bipartisan support on
a four-year extension of the Civil Rights Commission,
the floor to overcome Southern opposition.
scheduled to go out of existence in late 1963.
The House Judiciary Subcommittee No. 5 held hear-
On June 19, President Kennedy submitted a bill
ings from May 8 through Aug. 2. The liberal-oriented
including all of the above requests, plus legislation to
Subcommittee then proceeded to draft a bill that went far
guarantee Negroes access to public accommodations,
beyond the scope of the Administration's proposal. Fear-
allow the Government to file suit to desegregate schools,
ing that this measure would never enlist the support of
allow federal programs to be cut off in any area where
enough Republicans to get it through the House, and wish-
discrimination is practiced in their application, strength-
ing to avoid opening the bill up to widespread amending
en existing machinery to prevent employment discrimina-
on the House floor, the Administration decided to take the
tion by Government contractors, and establish a Com-
political risk of publicly asking for a milder bill.
munity Relations Service to help local communities
Attorney General Robert F. Kennedy appeared before the
resolve racial disputes. The President's bill did not
full Judiciary Committee Oct. 15-16 and asked for modi-
include a general section on fair employment practices,
fication of provisions which he said were either legally
but the President's message expressed support for fair
unwise or would provoke unnecessary opposition to the
employment bills pending in Congress.
bill. Kennedy was especially critical of the wide scope of
Before presenting the bill to Congress, President
the public accommodations section and the new Title III
Kennedy, in a nationwide television address June 11, said
(based on the old controversial Title III) which would have
"We are confronted primarily with a moral issue."
given the Justice Department almost unlimited powers in
"The fires of frustration and discord are burning in
filing suits to stop civil rights deprivations.
every city, North and South, where legal remedies are
A new bill was hammered out in crucial negotiations
not at hand," he said. "Redress is sought in the streets,
between McCulloch, Halleck and other House Republicans
in demonstrations, parades and protests which create
and the Administration in late October. The Republicans
tensions and threaten violence -- and threaten lives."
insisted on eliminating the temporary voting registrar
The President then held a series of White House
formula in favor of special three-judge federal courts;
meetings with labor and religious leaders, with lawyers,
making the Civil Rights Commission permanent; adding
and with representatives of women's organizations. In
authority for the Commission to investigate vote frauds;
submitting the bill, Mr. Kennedy called on "all community
adding a fair employment section with court (rather than
CONGRESS AND THE NATION
Civil Rights Groups and Leadership Conference
Old, established Negro civil rights organizations
service devoted to improving the Negro's economic
like the National Association for the Advancement of
status and educational opportunities in the South.
Colored People and the National Urban League found
Student Non-Violent Coordinating Committee
themselves competing in the 1960s with younger, more
(Snick) -- founded in 1960; headquarters in Atlanta,
militant groups seeking to speak for American Ne-
no Washington office; small membership compared to
groes. Some of these newer groups, like the Student
CORE and the NAACP; interracial in membership;
Non-Violent Coordinating Committee, eventually com-
led by John Lewis, 26, its chairman; participated
plemented the efforts of the older groups. But on the
mainly in demonstrations, boycotts and sit-ins, mostly
extremist wing stood the Black Muslims, who preached
in the South.
superiority of the Negro and called for segregation
Negro American Labor Council -- founded in
rather than integration.
1960 by A. Philip Randolph, its president, who was also
A brief description of the major Negro civil rights
president of the Brotherhood of Sleeping Car Porters
groups follows:
union (AFL-CIO); headquarters in New York, no Wash-
National Association for the Advancement of
ington office; membership made up of Negro and
Colored People (NAACP) founded in 1909 in New
white union members; interested in obtaining equal
York City by Dr. W.E.B. DuBois, Mary White Ovington
opportunities for Negroes within the labor movement.
and others; headquarters in New York City with a
Black Muslims -- founded in 1933; headquarters
Washington office headed by Clarence Mitchell; over
in Chicago and Detroit with a Washington mosque;
400,000 members; interracial in membership; leaders
membership secret and restricted to Negroes; lead-
were Arthur B. Spingarn, president and Roy Wilkins,
ers were Elijah Muhammad and Malcolm X (until his
executive secretary; concentrated through the years
defection in 1964); stated goal was to take over several
mainly on legal and legislative matters but took part
states and establish an all-black community; unlike the
in demonstrations, boycotts and sit-ins in 1960s.
other groups it advocated total segregation instead of
NAACP Legal Defense and Education Fund
integration and took no interest in civil rights legisla-
founded in 1938 as a tax-exempt (non-lobbying) organi-
tion.
zation not officially tied to the regular NAACP; head-
LEADERSHIP CONFERENCE
quarters in New York City; leaders were Dr. Allan
Knight Chalmers, president; Thurgood Marshall, di-
All major organizations backing civil rights
rector-counsel until his appointment in 1962 as a fed-
legislation participated in the Leadership Conference
eral judge; Jack Greenberg, Marshall's successor;
on Civil Rights, formed in 1949 as a civil rights co-
maintained a full legal staff pressing litigation for
ordinating agency. The Conference mobilized support
Negro rights in the South.
for the 1957 and 1960 Civil Rights Acts. The Leader-
National Urban League founded in 1910; head-
ship Conference started in 1949 with 20 participating
quarters in New York with a Washington bureau; over
groups and by 1963 had 79. It had a permanent Wash-
100,000 members; interracial in membership; leaders
ington office, directed by Arnold Aronson, secretary
were Henry Steeger, president and Whitney Young
of the Conference. Marvin Kaplan, on leave from the
Jr., executive director; mainly interested in better
Industrial Union Department of the AFL-CIO, was the
housing, employment and educational opportunities and
Conference's associate director.
has participated very little in demonstrations, school
Listed below are the organizations within the
boycotts and sit-ins.
Leadership Conference which took an especially active
Congress of Racial Equality (CORE) founded
role in 1963-64 in pressing for a new civil rights bill.
in 1941; headquarters in Chicago with a Washington
Civil Rights Groups All of those listed above
chapter; over 83,000 members; interracial in member-
except the Southern Regional Council and Black
ship; leaders were James Farmer, president and
Muslims.
Floyd B. McKissick, national chairman; participated
Labor Unions -- AFL-CIO, its Industrial Union
mainly in demonstrations, boycotts and sit-ins which
Department and unions of autoworkers, electrical
it pioneered in the 1940s.
workers, butchers, steelworkers, clothing workers,
Southern Christian Leadership Conference
retail and state and municipal employees, textile
founded in 1957 by Rev. Dr. Martin Luther King Jr.
workers, newspapermen, rubberworkers, packing-
and a group of Negro ministers; headquarters in Atlan-
house men, transport service employees; and the
ta, Ga., no Washington office; confines most of its
National Alliance of Postal Employees (Ind.).
activities to the South; small membership but many
Church Groups National Council of Churches
followers; interracial in membership; leaders were
of Christ, eight other Protestant groups; National
King, as president and Rev. Wyatt Tee Walker, staff
Catholic Conference for Interracial Justice; National
director; concentrated on demonstrations, boycotts
(Jewish) Community Relations Advisory Council and
and sit-ins.
six other Jewish groups; National Student Christian
Southern Regional Council founded in 1942 by
Federation.
Dr. Gordon B. Hancock (of Virginia Union University)
Other Groups -- Americans for Democratic
and Dr. P.B. Young (a Negro publisher); headquarters
Action, American Civil Liberties Union, Japanese-
in Atlanta, no Washington office; confined to the South;
American Citizens League, Women's International
small membership; interracial; led by Leslie C. Dun-
League for Peace and Freedom, American Veterans
bar, executive director; a research and information
Committee, four Negro professional organizations.
CIVIL RIGHTS
Chronology - 1963, 1964
administrative) enforcement of decisions; and a modified
Pentagon Directive. The Defense Department July
Title III. Administration officials agreed to the terms. The
26, 1963, issued a directive ordering the military services
resulting legislation was approved by the Judiciary Com-
to issue regulations to protect the civil rights of service-
mittee Oct. 29. President Kennedy said the Committee's
men on base and off base, and holding base commanders
approval of the bipartisan measure had "significantly
responsible for combatting on-base and off-base discrim-
improved the prospects for enactment of effective civil
ination. It allowed a commander, with the approval of
rights legislation" while Attorney General Kennedy said
the civilian secretary of his service, to order a segregated
that without Halleck's and McCulloch's "support and
establishment "off-limits." The order aroused stormy
effort, the possibility of civil rights legislation in Con-
protests in Congress, landing as it did in the midst of
gress would have been remote." The new bill, he said,
the summer's heated civil rights fight and aimed as it
was a "better bill than the Administration's in dealing
was at the nation's military establishment, preponderantly
with the problems facing the nation."
located in the South. Southern Congressmen said the
The bipartisan bill went beyond the Administration's
directive was being used as a club to force integration
earlier requests by authorizing Justice Department suits
in communities near military bases. Defense officials
to desegregate public facilities; by permitting the Depart-
went out of their way to deny that they had embarked
ment to enter any civil rights suit pending in federal
on a general civil rights crusade or were using the mili-
court; by requiring (rather than exhorting) Government
tary as instruments of social change. Said one: "We
agencies to seek compliance with a nondiscrimination
are not trying to change the life of a town, but the way
policy in federal programs; by establishing an Equal
they treat servicemen." Passage the following year of
Employment Opportunities Commission, covering most
the Civil Rights Act of 1964, which contained legislation
companies and labor unions; by requiring the Census
which would bring about many changes to ease the life of
Bureau to collect certain voting statistics by race; and by
Negroes seeking public accommodations - servicemen
making reviewable a federal court action remanding a
or no eased much of the sting of the 1963 directive.
civil rights case to a state court.
The bill (HR 7152) was formally reported Nov. 20,
but was not cleared for floor action by the House Rules
1964
Congress in 1964 passed the most far-reaching
Committee by year's end. When liberals threatened to
civil rights legislation since the Reconstruction
take the bill from the Committee by use of a discharge
era. The Civil Rights Act of 1964, signed into law by
petition, Chairman Howard W. Smith (D Va.) promised
President Johnson July 2, contained new provisions to
action in January 1964.
help guarantee Negroes the right to vote; guaranteed
In his first address to Congress following President
access to public accommodations such as hotels, motels,
Kennedy's assassination Nov. 22, President Johnson Nov.
restaurants and places of amusement; authorized the Fed-
27 named civil rights as a priority item for Congressional
eral Government to sue to desegregate public facilities
action. "No memorial oration or eulogy could more
and schools; extended the life of the Civil Rights
eloquently honor President Kennedy's memory than the
Commission for four years and gave it new powers;
earliest possible passage of the civil rights bill for
provided that federal funds could be cut off where pro-
which he fought so long," Mr. Johnson said.
grams were administered discriminatorily; required
most companies and labor unions to grant equal employ-
ment opportunity; established a new Community Relations
Civil Rights Commission. The U.S. Commission on
Service to help work out civil rights problems; required
Civil Rights in 1963 was given a one-year extension by
the Census Bureau to gather voting statistics by race;
Congress. Under the 1961 law, the Commission was
and authorized the Justice Department to enter into a
scheduled to file its final report Sept. 30, 1963 and go
pending civil rights case. (See provisions, below.)
out of existence 60 days later. With 1963 action unlikely
History was also made in the Senate, which for the
on any of the omnibus bills containing provisions extend-
first time voted to end a filibuster over civil rights.
ing the Commission's life, the Senate Oct. 1 added the
The bill was passed in both chambers, and the
one-year rider to a minor. House-passed bill (HR 3369).
filibuster was broken, through bipartisan work. Because
The House Oct. 7 concurred and cleared the bill for the
a number of Senate Republicans, including Minority
President. The Commission's 1963 report, as before,
Leader Everett McKinley Dirksen (R Ill.), found the
aroused protests from Southern Members of Congress.
House-passed public accommodations and fair employ-
(See report, p. 1611.)
ment sections too strong, negotiations were entered into
among Senate leaders of both parties and the Justice
Department. The result was a "clean bill'' which put
Senate Rules Change. Senate liberals were once
greater emphasis on attempts to work out the problems
more unsuccessful in an attempt to relax Rule 22, gov-
by local agencies, where they existed, before the Justice
erning the shutting off of filibusters. (The rule required
Department brought suit. Southerners complained that
the affirmative votes of two-thirds of those present and
this simply made the bill still more "sectional" in
voting to shut off debate.) By a 53-42 vote, the Senate
character. They were, however, outnumbered. The new
Jan. 31 refused to take up the constitutional question
bill provided the formula for breaking the filibuster and
of whether the filibuster rule could be suspended at the
passing the bill in the Senate.
beginning of a session so as to make it easier to shut
To avoid any further legislative pitfalls, the House
off debate on the question of changing that rule per-
accepted the Senate bill as amended and sent it to the
manently. The Kennedy Administration declined to
President.
endorse the rules change.
There was widespread compliance with the new law
On Feb. 7, the Senate refused 54-42 to invoke cloture
throughout much of the South. This progress, however,
on debate on a pending motion to take up a resolution
was offset by a number of tragedies growing out of ten-
to change Rule 22.
sions in race relations. Three student civil rights work-
1635
Chronology - 1964
CONGRESS AND THE NATION
ers in Mississippi for the summer were murdered, and
Furthermore, the Northerners stayed on the floor to
the state was scarred by reports of other murders,
answer Southern charges about the bill, rather than allow
church bombings, and threats against civil rights workers.
the Southerners to do all of the talking. The Southerners
In the North, where the bill would have little effect
were organized in their three-platoon system which had
because it concentrated on rights already won by Northern
been used for earlier filibusters. While one team held
Negroes, Negro tensions over poor living and working
the floor, the others could rest. Nineteen Senators
conditions ran high. Full-scale riots broke out in Harlem
conducted the filibuster: 18 Democrats from "deep South"
in July, followed by riots in other Northern cities. And
states, and one Republican, John Tower (R Texas). The
there were indications that the "white backlash" to the
leadership avoided the around-the-clock sessions of 1960,
civil rights movement, demonstrated by the high margins
both in order to guard Senators' health and to avoid a
won by Alabama's segregationist Gov. George C. Wallace
"circus" atmosphere.
(D) in Democratic primaries in Indiana, Wisconsin and
During the long debate, Southerners made it clear that
Maryland, would carry through the Presidential election.
the two "most obnoxious" sections of the bill were
(See Political Chapter.)
those covering cut-off of federal funds and fair employ-
ment practices. The Johnson Administration, meanwhile,
House Passage HR 7152 was cleared by the Rules
passed the word that it did not want any changes made
Committee for House floor consideration Jan. 30. It was
in the bill as passed by the House.
debated by the House for nine days between Jan. 31 and
It soon became clear, however, that changes would
Feb. 10. On Feb. 10, it was passed by a 290-130 roll-
have to be made in order to win the necessary Republican
call vote (R 138-34; D 152-96 141-4; SD 11-92). The
support to close off the filibuster. Many of the GOP
bipartisan coalition of Republicans and Northern Demo-
Senators were concerned about the effect of the public
crats which negotiated the provisions of HR 7152 in the
accommodations and fair employment provisions on pri-
Judiciary Committee in 1963 held firm against any major
vate businesses. In May, Humphrey, Attorney General
changes despite a barrage of amendments. No amendment
Kennedy and Dirksen and other interested Senators began
opposed by the bill's managers was adopted.
negotiations on changes in the bill. On May 13, they
A major factor in holding supporters in line on key
reached agreement on a "clean bill'' to be introduced as
amendments was a carefully formulated campaign of the
a substitute for the pending measure. The substitute made
major legislative and lobby groups behind the bill the
70-odd changes in the House bill, but only a few of them
Democratic Study Group, the Leadership Conference on
were substantive. The major change was to provide, in
Civil Rights, major Negro rights organizations, top
both the fair employment and public accommodations
industrial unions of the AFL-CIO, Protestant, Catholic
sections, that the Government could sue only against a
and Jewish church groups, the White House, the Justice
"pattern or practice" of discrimination. In other cases,
Department, and groupings of pro-civil rights Repub-
the problem would be turned over for solution to local
licans. By contrast, the Southern Democrats appeared
agencies set up to handle the problem; if this failed,
to enter the battle with minimal organization and little
the newly established Community Relations Service or
gusto for the fight.
Equal Employment Opportunities Commission would
In all, 122 amendments were disposed of during
attempt to work out a solution; if this failed, the individual
debate on the bill. Of these, 28 were accepted, most of
could bring suit in court. The Justice Department could,
them technical in nature but a few of some significance.
at the discretion of the court, enter the case on the plain-
One amendment restricted somewhat the 14th Amendment
tiff's side.
application of the public accommodations section; another
At the same time, outside pressures were being
cut back the life of the Civil Rights Commission to four
brought on uncommitted Senators to vote for cloture. The
years; another required 30 days' notice to Congress
main problem was to reach Senators from primarily
before federal funds could be cut off from programs
non-urban states who had no compelling reason to interest
practicing discrimination. Two amendments tended to
themselves in the civil rights problem. Most of these
widen the scope of the bill: one of them adding discrimina-
were the same Senators who were the traditional holdouts
tion in employment because of sex to the list of prohibited
on voting for cloture. Church groups, working with the
practices, and another reinstating the provision for the
Leadership Conference on Civil Rights, were instrumental
Community Relations Service included in the original
in stirring up interest in the civil rights issue in these
Administration bill but dropped in committee.
rural states. At the end, President Johnson, who had
been urging passage of the bill but playing a low-keyed
Senate Passage The Senate Feb. 26 voted 54-37 to
role, brought pressure on cloture hold-outs.
place the House-passed bill on the Senate calendar rather
During the entire filibuster, Southerners allowed the
than refer it to the Southern-dominated Judiciary Com-
Senate to vote only on their proposals to broaden the
mittee. On March 9 the Senate began debate on a motion
bill's provisions for jury trials in criminal contempt
to take up the bill and on March 26, after 16 days of
cases. The bill provided for jury trials in contempt
debate, voted 67-17 to take it up after voting 50-34 to
cases arising under the provisions for voting rights, as
table a motion to refer the bill to the Judiciary Committee
provided in 1957, and access to public accommodations, if
until April 8.
the judge wanted to impose a sentence of more than $300
At that point, the Southern filibuster was on. The
or 45 days in prison. The Southerners wanted broader
1964 filibuster was, however, different from its predeces-
jury trial rights covering all titles of the bill where crim--
sors. The Northern forces, led by Majority Whip Hubert
inal contempt cases might arise. Majority Leader Mike
H. Humphrey (D Minn.) and Minority Whip Thomas H.
Mansfield (D Mont.) and Dirksen responded to the
Kuchel (R Calif.) were better organized than in the past.
Southerners by offering an amendment to provide for
They worked out a system for having enough Senators
jury trials in all cases under the bill if the judge wanted
on hand at all times to answer quorum calls, and sent
to impose a sentence of more than $300 or 30 days in
out a newsletter to keep Senators informed on the debate.
prison. Southern alternatives were beat off in voting on
CIVIL RIGHTS
Chronology - 1964
May 6. Southerners refused to allow further votes until
Republicans; it was opposed by 23 Democrats and 6
the Northern forces scheduled a cloture vote for early
Republicans. The vote for cloture left each Senator
June. Hoping to stave off the cloture vote, the Southerners
with one hour of speaking time on the bill or pending
then offered to allow some voting. But Humphrey and
amendments. Only amendments which had been submitted
Mansfield refused unless the Southerners agreed to an
before the cloture vote were in order. Between June 10
over-all debate limit including passage of the bill.
and June 17, Southerners called up a string of amend-
Southerners refused this.
ments. Only those acceptable to the leadership were
Before the vote for cloture, conservative Repub-
approved. All other amendments were rejected, most
licans, led by Bourke B. Hickenlooper (R Iowa), chairman
by lopsided margins, in heavy roll-call voting. Northern-
of the Republican Policy Committee, who was unhappy that
erns dropped their plans to call up amendments to
Dirksen had not won more concessions from the Justice
"strengthen" the bill. On June 17, the Senate by a 76-18
Department, demanded roll-call votes on three issues:
roll-call vote adopted the bipartisan substitute bill worked
jury trials, federal help to areas desegregating their
out in the off-stage negotiations, and on June 19 it passed
schools, and the fair employment practices provision.
the bill by a 73-27 roll-call vote. Six Republicans joined
Only an amendment concerning jury trials was accepted
21 Democrats in voting against passage. One of the
in two days of debating and votes June 8-9. The jury
Republicans was Barry Goldwater (R Ariz.), then the
trial amendment, sponsored by Sen. Thruston B. Morton
front-runner for the GOP Presidential nomination. Gold-
(R Ky.), entitled defendants in criminal contempt cases
water said that he thought that the public accommodations
arising under all sections of the Act except Title I
and equal employment provisions "fly in the face of the
(voting rights) to a jury trial upon demand, with a limit
Constitution and require for their effective execution
on the sentences of six months in prison and a $1,000
the creation of a police state."
fine. For voting rights infractions, the amendment left
intact the 1957 Civil Rights Act's jury trial provisions.
House Clearance -- The House Rules Committee
Then, on June 10, the Senate voted 71-29 to close
June 30 reported a resolution (H Res 789) providing for
off the civil rights filibuster. With all 100 Senators
House acceptance of the bill as amended by the Senate
present and voting, 67 votes were needed. The vote
after a bipartisan coalition wrested control of the Com-
ended debate 57 days after formal consideration of the
mittee and the resolution from Chairman Howard W. Smith
bill began and 74 days after the bill was before the Senate.
(D Va.) and the Southern Democrats supporting him.
The cloture move was supported by 44 Democrats and 27
The resolution was brought up on the House floor
July 2 and after the alloted one hour for debate, the
House approved the Senate-passed bill 289-126: R 136-35;
D 153-91 (ND 141-3; SD 12-88). The predicted slippage
12th Cloture Attempt Succeeds
in House support of the bill failed to materialize. Only
six Representatives changed their positions from when
Of the 29 cloture votes taken since Rule 22 was
they voted on passage of the bill in February, and this
adopted in 1917, 12 were on civil rights legisla-
split both ways. One Member who changed his position
tion. The first 11 failed. On only 4 of these were the
from one of disapproval to approval was Rep. Charles L.
supporters of cloture able to produce a simple major-
Weltner (D Ga.) of Atlanta. "I will add my voice to
ity in favor of the motion. The 12 civil rights cloture
those who seek reasoned and conciliatory adjustment to
votes:
a new reality," said Weltner, "and, finally, I would urge
Yea Votes
that we at home now move on to the unfinished task of
Issue
Date
Vote
Needed
building a new South. We must not remain forever
Anti-lynching
Jan.
27,
1938
37-51
bound to another lost cause."
59
Anti-lynching
Feb.
27,
1938
42-46
59
Only a few hours after the bill was passed, Presi-
Anti-poll tax
Nov.
23,
1942
37-41
52
dent Johnson signed it into law in a nationwide television
Anti-poll tax
May
15,
1944
36-44
broadcast from the White House. In attendance were
54
FEPC
Feb.
9, 1946
48-36
56
Members of Congress, several Cabinet members, foreign
Anti-poll tax
July
31,
1946
39-33
48
ambassadors and leaders of the civil rights movement.
FEPC
May
19, 1950
52-32
64*
In a message to the country, Mr. Johnson asked all
FEPC
July
12, 1950
55-33
64*
Americans "to join in this effort to bring justice and
Civil Rights Act
March
10,
1960
42-53
64
hope to all our people." "Let us close the springs of
Literacy tests
May
9, 1962
43-53
64
racial poison," the President told the nation.
Literacy tests
May
14, 1962
42-52
63
Mr. Johnson also announced that he was taking sev-
Civil Rights Act
June
10, 1964
71-29
67
eral steps to implement the new law; including the
nomination of former Gov. LeRoy Collins (D) of Florida,
Between 1949 and 1959 the cloture rule required the affirmative vote
a moderate, to be director of the Community Relations
of two-thirds of the Senate membership rather than two-thirds of
Service established under the bill. (Collins' nomination
those Senators who voted.
was approved by the Senate July 20.) President Johnson
and Administration officials had already spent much time
In addition to these cloture votes on civil rights
quietly urging Southern officials and businessmen to
bills, the Senate had twice voted on cloture motions
comply with the new law. Negroes were ready to test the
to stop filibusters against proposed changes in the
bill's effectiveness immediately. Compliance was, for the
filibuster rule. Each was rejected:
most part, immediate and peaceful.
The issue of civil rights became an important part
Rule 22
Sept. 19, 1961
37-43
54
of the 1964 Presidential campaign. GOP nominee Sen.
Rule 22
Feb. 7, 1963
54-42
64
Barry Goldwater (R Ariz.) had voted against passage of
the bill. The Republican platform pledged "execution"
Chronology 1964
CONGRESS AND THE NATION
of the law, avoiding the word enforcement. The Demo-
exempted were private clubs, except to the extent that
crats, led by Mr. Johnson, pledged "enforcement." Be-
they offer their facilities to patrons of covered establish-
yond this was the latent question of a "white backlash"
ments (such as hotels).
against the Negroes' press for more economic as well
Made it unlawful to deny any person access to these
as political rights, and of the impact of Northern Negro
facilities because of race, color, religion or national
riots during 1964. (See Political Chapter, page 52)
origin, to threaten or intimidate anyone seeking his rights
under this title, or to punish any person for exercising
1964 Civil Rights Act's Provisions
his rights under this title.
Permitted anyone denied his rights under this title
TITLE I -- VOTING RIGHTS
to sue in court for preventive relief through a civil in-
junction, and authorized the courts, in their discretion,
In voting for federal elections, HR 7152 added to the
to permit the Attorney General to intervene in the pri-
Civil Rights Act of 1957's provisions against denial of
vate suit; also permitted the court to appoint an attorney
voting rights the following:
for the complainant.
barred unequal application of voting registration re-
If the alleged discriminatory practice takes place
in a state or local area which has a law prohibiting such
quirements;
prohibited denial of the right to vote because of im-
acts and establishing methods of seeking relief, pro-
material errors or omissions by applicants on
hibited the suit from being brought until the state or
local authority has had 30 days' notice. Allowed the
records of application;
required that all literacy tests be administered in
court to stay proceedings further, pending termination
of state or local enforcement proceedings.
writing, and that for a period of 22 months the in-
dividual may, on request, receive a copy of the papers
If the alleged action takes place in a state which has
within 25 days; gave the Attorney General authority
no public accommodations law, permitted the courts to
refer the matter to the Community Relations Service
to enter into agreements with state or local author-
ities that their literacy tests are fairly administered
(established in Title X) for 60 to 120 days, if there was
a reasonable chance of obtaining voluntary compliance.
and need not be given in writing;
made a sixth-grade education (if in English) a rebut-
Authorized the Attorney General to bring a civil ac-
tion when he "has reasonable cause to believe" that a
table presumption of literacy.
person or group of persons is engaged in a pattern or
When the Attorney General, under authority granted
practice of resistance to granting the rights under this
by the 1957 Civil Rights Act, files a voting rights suit
title. (No waiting period was required.)
Authorized the Attorney General to request a three-
and requests a finding of a pattern or practice of dis-
crimination against voters, HR 7152 authorized him, at
judge court to hear the case, the request to be accom-
the time he filed the suit, to request that it be heard by
panied by a certificate that the case is of "general public
a three-judge federal court (decisions of three-judge
importance."
courts are immediately appealable to the Supreme Court).
Directed the courts to expedite suits by the Attorney
General.
One of the judges must be a member of a federal circuit
Permitted the courts to order the payment of the
court and another a district judge in the district where
the complaint is brought. A defendant also was authorized
attorney's fee of the winning party, unless it is the Gov-
to request a three-judge court within 20 days after the
ernment.
suit was filed.
In pattern or practice suits whether a three-
TITLE III DESEGREGATION OF PUBLIC FACILITIES
judge court is requested or not or in suits against
intimidation of those attempting to register, required
Upon written complaint of aggrieved individuals,
the courts to expedite the cases.
permitted Justice Department suits to secure desegre-
gation of state or locally owned, operated or managed
TITLE II PUBLIC ACCOMMODATIONS
public facilities, when the Attorney General believes
that the complaint is "meritorious" and certifies that
Barred discrimination on grounds of race, color,
the aggrieved persons are unable to initiate and main-
religion or national origin in public accommodations
tain legal proceedings because of financial limitations or
enumerated below, if discrimination or segregation in
potential economic or other injury to themselves or their
such an accommodation is supported by state laws or
families.
official action, if lodgings are provided to transient
guests or interstate travelers are served, or if a sub-
TITLE IV DESEGREGATION OF PUBLIC EDUCATION
stantial portion of the goods sold or entertainment pre-
sented moves in interstate commerce.
Required the U.S. Office of Education to make a
Covered restaurants, cafeterias, lunch rooms, lunch
survey and report to Congress within two years on the
counters, soda fountains, gasoline stations, motion pic-
progress of desegregation of public schools at all levels.
ture houses, theaters, concert halls, sports arenas,
Authorized the Office to give technical and financial
stadiums, or any hotel, motel or lodging house except
assistance, if requested, to local public school systems
owner-occupied units with five or less rooms for rent
planning or going through the process of desegregation.
(the "Mrs. Murphy" clause). Also covered any public
The assistance could be:
establishment within or containing an accommodation
technical assistance in the form of information on
otherwise covered (for example, a store containing a lunch
effective methods of coping with special problems
counter, or a barber shop in a hotel). Not specifically
arising out of desegregation, or making available
covered: barber shops, retail stores, bars, small places
Office of Education or other personnel equipped to
of amusement such as bowling alleys. Specifically
handle such problems;
1638
CIVIL RIGHTS
Chronology - 1964
arrangements, through grants or contracts, with col-
Made any action cutting off assistance subject to
leges and universities for special institutes to train
judicial review.
school personnel to deal with desegregation prob-
Made clear that this section was not to be used to
lems, and payment of stipends to those who attend the
enforce equal employment practices, except where a pri-
institutes on a full-time basis;
mary purpose of the federal program is to provide em-
grants to a school board to pay for the cost of giving
ployment.
school personnel special training or employing
Stated that nothing in this title added to or sub-
specialists.
tracted from any existing federal authority.
Authorized the Attorney General to file suit for the
TITLE VII EQUAL EMPLOYMENT OPPORTUNITY
desegregation of public schools and colleges if he re-
ceives a signed complaint, believes that the complaint
Outlawed the following employment practices if based
is meritorious, and certifies that the aggrieved individuals
on grounds of race, color, religion, sex or national origin:
are unable to initiate and maintain legal proceedings,
and that the action would "materially further" orderly
failure or refusal to hire or fire any person, or dis-
school desegregation; provided that the suit may be
crimination against him with respect to pay or terms
filed only after he has notified the local school board or
and conditions of employment; or, in the case of an
college authority of the complaint and given them a rea-
employment agency or hiring hall, failure or refusal
sonable time to adjust the conditions.
to refer a worker;
Made clear that this law did not authorize any U.S.
segregation, classification or any limitation of an em-
officials or courts to issue any order seeking to achieve
ployee in a way that would deprive him of equal
racial balances in schools by transporting children from
employment opportunities;
one school to another, nor did it enlarge the courts'
exclusion or expulsion from union membership;
existing powers to ensure compliance with constitutional
segregation, classification or limitation in union mem-
standards.
bership, or failure or refusal to refer for employ-
Made clear that this title did not prohibit classifi-
ment;
cation and assignment of students for reasons other than
a union's causing or attempting to cause an employer
race, color, religion or national origin.
to discriminate against a worker;
discrimination in any apprenticeship or training pro-
TITLE V--- CIVIL RIGHTS COMMISSION
grams;
discrimination against employees or applicants for
Wrote into law a number of requirements for Com-
employment because they have challenged employ-
mission procedures, covering: the summoning and taking
ment practices outlawed by this section;
testimony from witnesses, giving notice of hearings, con-
printing or publishing any job notices indicating pref-
fidentiality of proceedings, and bipartisanship in its ac-
erences because of race, color, religion, sex or na-
tivities.
tional origin, unless these are bona fide job quali-
Broadened the duties of the Commission by author-
fications.
izing it to serve as a national clearinghouse on civil
rights information, and to investigate vote frauds as well
Coverage: HR 7152 provided a one-year delay before
as denials of the right to vote.
any employees would be covered by this section and full
Barred the Commission from investigating the mem-
coverage would not be in effect for five years. In the
bership practices or internal practices of any fraternal
second year after enactment, employers in industries af-
organizations, college sororities and fraternities, private
fecting commerce with 100 or more employees for 20
clubs or religious organizations.
weeks in a year, unions in industries affecting commerce
Extended the life of the Commission for four years,
with 100 or more members, union hiring halls and em-
through Jan. 31, 1968, and required it to file a final re-
ployment agencies would be covered. In the third year,
port at that time, with such interim reports as the Com-
industries and unions with 75 workers would be covered;
mission, Congress or the President deem desirable.
in the fourth year, those with 50; and in the fifth year
and thereafter, those with 25 workers.
TITLE VI -- NONDISCRIMINATION IN FEDERALLY
Exemptions: Made the following exemptions from
ASSISTED PROGRAMS
coverage:
employers' alien workers outside the U.S.;
Barred discrimination, under any program or activity
receiving federal assistance, against any person because
employment by religious groups of individuals to carry
out their religious activities;
of his race, color or national origin.
Directed each federal department or agency extend-
hiring for educational activities by educational insti-
tutions;
ing financial assistance to any program or activity
through grants, loans or most kinds of contracts, except
hiring or classification on the grounds of religion,
sex, or national origin where these are bona fide
contracts of insurance or guaranty, to issue rules or
occupational qualifications;
regulations, to be approved by the President, to carry
out the purposes of this title.
hiring by schools supported, controlled, or managed
Required that to enforce the title, agencies must
by a particular religion or persons of that religion;
first seek voluntary compliance, but if it is not forth-
discrimination against Communists or members of
coming, authorized the agencies, after making a finding
Communist-front organizations (as determined by the
on the record, and giving opportunity for hearing, and
federal Subversive Activities Control Board);
after giving the appropriate legislative committees 30
preferential treatment for Indians living on or near
days' notice, to cut off the federal program involved from
reservations in enterprises on or near reservations;
the particular recipient or political entity involved.
refusing to hire, or firing those who do not meet Gov-
ernment security requirements;
1639
Chronology - 1964
CONGRESS AND THE NATION
the United States Government, and state and local
the relevant employment records were kept, or where the
governments, government-owned corporations, In-
plaintiff. would have worked but for the alleged practice.
dian tribes and nonprofit private membership clubs
If the respondent was not to be found in any of these dis-
(fraternal organizations, social clubs, country clubs,
tricts, suit could be filed in the district where he had his
etc.); however, the section stated that it shall be the
main office.
policy of the U.S. to insure equal employment oppor-
If the court found that the respondent had "inten-
tunities in federal employment.
tionally" engaged in the unlawful act, the court was
authorized to order cessation of the unlawful practice
Made it clear that this section did not outlaw seniority
and to order reinstatement or hiring of employees, with
or merit systems, or the setting of different standards
or without back pay (payable by the employer, union or
of compensation or terms of employment, or the giving of
employment agency responsible for the practice).
professionally developed ability tests, as long as such
Permitted the EEOC to commence legal proceedings
actions were not with intent to discriminate because of
if a court order was flouted.
race, color, religion, sex or national origin.
Made these proceedings subject to appeal.
Stated that this section was not to be used to require
Authorized the courts to pay the attorney's fees of
quotas in employment, unions, or training programs on
the prevailing party, other than the Government or the
the grounds of race, color, religion, sex or national
EEOC.
origin.
Authorized the Attorney General to file a civil suit
EEOC: Created a five-member Equal Employment
whenever he had reasonable cause to believe that a per-
Opportunity Commission, with no more than three mem-
son or group of persons was engaged in a pattern or
bers of the same political party, and all members to be
practice of resistance to this title, with intent to deny
appointed by the President and confirmed by the Senate.
the rights it guaranteed. (The Attorney General was not
Required the Commission to report to Congress and
required to submit to the waiting periods prescribed for
the President at the end of each fiscal year.
private suits.)
Authorized the Commission to: work with state and
Authorized the Attorney General to request a three-
local agencies, public and private; furnish technical as-
judge court to hear these suits, if he certifies that the
sistance to those covered under this section, on request,
case is of general public importance; and required the
to help them with compliance; assist in conciliation, on
courts to expedite the suits, whether or not a three-judge
request; make technical studies; refer matters to the
court is requested.
Attorney General for legal action, and advise and assist
Miscellaneous: Gave the EEOC access to the evi-
the Attorney General.
dence of any person being investigated or proceeded
Enforcement: Authorized the Commission to investi-
against that is relevant to the charge under investigation.
gate written charges of unlawful employment practices
Authorized the EEOC to utilize the services of state
filed by an aggrieved individual or a member of the
and local agencies carrying out local employment prac-
Commission, and to attempt to settle the problem by
tices laws, with their consent; and to enter into agree-
informal methods of conference, conciliation and per-
ments with these agencies, specifying types of cases un-
suasion.
der their jurisdiction that will not be processed or pro-
Required that such proceedings remain confidential,
secuted by the EEOC or taken to court by individuals.
and stipulated that an officer or employee of the EEOC
Required those covered by the title to keep records
who revealed any information would be guilty of a mis-
as prescribed by regulations of the EEOC, to be drawn
demeanor.
up after public hearing; if the requirements caused an
If the alleged act of discrimination took place in a
undue hardship, anyone covered could seek an exemption
state or local area with an equal employment law, cover-
from the EEOC or sue in court. Those in states with fair
ing the alleged unlawful practice, barred the filing of a
employment practices laws were exempted from keeping
charge with the EEOC until 60 days after the complaint
additional records, to the extent that the state or local
was presented to the local agency (120 days in the first
requirements paralleled the federal regulations. Also
year of a state or local law).
exempted were Government contractors already required
Required that the individual must file his complaint
to keep similar records.
with the EEOC within 90 days after the alleged unlawful
Required employers, employment agencies and
practice took place, unless state or local agencies were
unions to post notices prepared or approved by the EEOC
handling the matter. In this case, he was given 210 days
setting forth the provisions of this title.
to bring the complaint (90 days plus the 120 days for
Directed the Secretary of Labor to study factors
local proceedings), or up to 30 days after receiving
which result in discrimination in employment because
notice that the local agency's proceedings had terminated,
of age and of the effects of such discrimination on the
whichever was earlier.
economy and the individuals involved, and to report to
Gave the EEOC up to 60 days to seek voluntary com-
Congress with recommendations by June 30, 1965.
pliance, and, if that failed, authorized the aggrieved in-
Directed the President, as soon as feasible, to con-
dividual to bring a civil suit.
vene one or more conferences of labor and business
Authorized the courts, at their discretion, to appoint
leaders and representatives of state and local and inter-
an attorney for the complainant, and permit the Attorney
ested Government agencies to prepare for wide under-
General to intervene.
standing and effective administration of this title.
Allowed the courts, on request, to stay the pro-
TITLE VIII REGISTRATION AND
ceedings for another 60 days if state or local proceedings
VOTING STATISTICS
were continuing, or the EEOC was still seeking voluntary
compliance.
Directed the Census Bureau to gather registration
Permitted the suits to be brought in the judicial
and voting statistics based on race, color and national
district where the alleged practice was committed, where
origin in such areas and to the extent recommended by
CIVIL RIGHTS
Chronology - 1964
the Civil Rights Commission, both on primary and gen-
eral elections to the U.S. House, since Jan. 1, 1960.
Vote and Election Results Compared
Required such information on a nationwide scale in
connection with the 1970 Census.
The Nov. 3, 1964, election returns showed that
Made clear that persons could not be compelled to
one-third of the Republicans who voted against the
disclose race, color and national origin, or questioned
Civil Rights Act lost their bids for re-election while
about party affiliation or how they voted.
none of the Southern Democrats who voted for the bill
was defeated.
TITLE IX INTERVENTION AND
Eleven Southern Democrats voted for the bill
REMOVAL OF CASES
Feb. 10: Reps. Pepper (Fla.), Perkins (Ky.), Albert,
Edmondson and Steed (Okla.), Bass and Fulton (Tenn.),
Made reviewable in higher federal courts the action
Brooks, Gonzalez, Pickle and Thomas (Texas). On the
of federal district courts in remanding a civil rights
final House vote July 2, Rep. Weltner (D Ga.) of
case to state courts.
Atlanta cast the 12th Southern vote for the bill.
Authorized the Attorney General to intervene in pri-
One of the four Northern Democrats who voted
vate suits where persons have alleged denial of equal
against the bill, Rep. Lesinski of Detroit, was de-
protection of the laws under the 14th Amendment and
feated in a primary election where his vote was
where he certifies that the case is of "general public
used against him.
importance."
Eleven Northern Republican and three Southern
Republican opponents of the bill lost Nov. 3: Reps.
TITLE X COMMUNITY RELATIONS SERVICE
Snyder (Ky.) Alger (Texas) and Foreman (Texas), the
Southerners; and Reps. Martin (Calif.), Wilson (Ind.),
Created a Community Relations Service in the De-
Jensen (Iowa), Johansen, Knox and Meader (Mich.),
partment of Commerce to aid communities in resolving
Beermann (Neb.), Wyman (N.H.), Short (N.D.), Van
disputes relating to discriminatory practices based on
Pelt (Wis.) and Harrison (Wyo.).
race, color or national origin.
In the Senate six Republicans voted against the
Authorized the Service to offer its services either
bill, but the only two of these six who ran in 1964 lost
on its own accord or in response to a request from a
their races: Barry Goldwater (Ariz.), the GOP Presi-
state or local official or other interested person; di-
dential candidate, and Sen. Edwin L. Mechem (N.M.).
rected the Service to seek the cooperation of other
Negroes voted overwhelmingly against Goldwater
agencies and to carry out its conciliation activities with-
Nov. 3. According to the Gallup Poll, he won only
out publicity.
6 percent of the non-white vote compared to 32 per-
Stipulated that the Service be headed by a director,
cent won by GOP candidate, Richard M. Nixon in
to be appointed by the President and confirmed by the
1960.
Senate for a four-year term; and authorized the director
Poll Tax Amendment. The 24th Amendment to the
to appoint whatever staff was necessary.
Constitution, outlawing the use of a poll tax as a pre-
Required the director to file a report with Congress
requisite for voting in federal elections, was ratified
by Jan. 31 of each year.
by the required three-quarters (38) of the states and
became a part of the Constitution Jan. 23. The amend-
TITLE XI -- MISCELLANEOUS
ment went into effect immediately. At the time that it
was ratified, five states still charged a poll tax as a
Provided that in any criminal contempt case arising
prerequisite for voting: Alabama, Arkansas, Mississippi,
under the Act, except voting rights cases, defendants are
Texas and Virginia. The Amendment had been submitted
entitled to a jury trial upon demand, with a limit on any
to the states by Congress Aug. 27, 1962. States ratifying:
sentence of six months in prison and a $1,000 fine.
(Voting rights cases were still covered by the 1957 jury
Date of Final
Date of Final
trial provision that a judge may try a case without a jury,
Ratification
Ratification
but in that instance the sentences would be limited to
1. III.
11/14/62
20. N.D.
3/12/63
$300 and 45 days in prison, and in any case to six months
2. N.J.
12/3/62
21. Vt.
3/15/63
and $1,000.)
3. Ore.
1/25/63
22. Wash.
3/14/63
Prohibited any one person from being subjected to
4. Mont.
1/28/63
23. Nev.
3/19/63
both criminal prosecution and criminal contempt proceed-
5. W. Va.
1/63
24. Conn.
3/20/63
ings in federal courts for the same act or omission under
6. N.Y.
4/63
25. Tenn.
3/21/63
the Act.
7. Md.
6/63
26. Pa.
3/25/63
Provided that no one could be convicted for criminal
8. Calif.
7/63
27. Wis.
3/28/63
contempt under the Act unless it is proved that the act or
9. Alaska
2/11/63
28. Kan.
3/28/63
omission was intentional.
10. R.I.
2/14/63
29. Mass.
3/28/63
Provided that nothing in the law was to restrict
11. Ind.
2/15/63
30. Neb.
4/63
existing powers of the Attorney General or the Govern-
12. Mich.
2/20/63
31. Fla.
4/18/63
ment or any of its agencies to institute or intervene in
13. Utah
2/20/63
32. Iowa
4/25/63
any action or proceeding.
14. Colo.
2/21/63
33. Del.
5/ 1/63
Stated that it was not the intent of this law to pre-
15. Minn.
2/27/63
34. Mo.
9/63
empt or invalidate state laws in the same field, unless
16. Ohio
2/27/63
35. N.H.
6/12/63
they were inconsistent with any of the purposes of the Act.
17. N.M.
3/ 5/63
36. Ky.
6/26/63
Authorized appropriation of whatever sums neces-
18. Hawaii
3/ 6/63
37. Maine
1/16/64
sary to carry out the Act.
19. Idaho
3/ 8/63
38. S.D.
1/23/64
CONGRESS AND THE NATION
Civil Rights Responsibilities of the Federal Government
Following is an outline of the major civil rights responsibil-
discrimination in Federal aid-to-education programs including aid
ities in departments and agencies of the Federal Government, as
to colleges and universities, elementary and secondary schools, and
summarized in a report to President Johnson "On the Coordina-
libraries.
tion of Civil Rights Responsibilities in the Federal Government,"
The Public Health and the Welfare Administrations are respon-
prepared by Vice President Hubert H. Humphrey and dated Jan.
sible under Title VI of the 1964 Civil Rights Act for assuring non-
4, 1965:
discrimination in Federally-assisted health and welfare programs,
including aid to hospitals, State and county welfare departments,
A. Department of Justice.
health clinics, and community mental health centers.
The Department, through civil law suits and criminal prosecu-
I. Department of Defense.
tions, acts to protect certain rights guaranteed by Federal law.
The Department implements programs requiring equal oppor-
Prior to 1964, its statutory responsibilities involved protec-
tunity in the recruitment, training, and promotion of military per-
tion of voting rights, enforcement of the Civil Rights Acts of 1957
sonnel in the Armed Forces, the Reserves, and the National Guard.
and 1960 and prior civil rights statutes, representation of other
The Department also carries out, through base-community rela-
Federal agencies in law suits, and assistance in enforcement of
tions committees, programs designed to secure equal treatment
court orders. In addition, the Attorney General serves as chief
for military personnel and their families in such off-base facilities
legal advisor to the President on civil rights as well as other
as public schools, housing, and public accommodations. Because of
matters.
its volume of expenditures, the Department has substantial re-
The 1964 Civil Rights Act added the following responsibili-
sponsibility for implementing Executive Order 10925 requiring
ties: initiation of suits to require desegregation of governmentally
non-discrimination in employment by Government contractors, and
owned or operated facilities and public schools, upon complaint of
is responsible for assuring that grants and loans made by the De-
individuals who themselves are unable to sue, initiation of suits to
partment to colleges, universities, and other institutions are ad-
end discrimination in public accommodations or in employment,
ministered without discrimination. The President's Committee on
where such discrimination is part of a pattern or practice; inter-
Equal Opportunity in the Armed Forces has submitted reports on
vention in private law suits involving discrimination in places of
efforts to eliminate discrimination against members of the uni-
public accommodation and in employment or in suits alleging denial
formed services and their dependents.
of equal protection of the laws.
J. Office of Economic Opportunity.
B. U.S. Commission on Civil Rights.
Established in 1964 to administer anti-poverty programs under
Established by the Civil Rights Act of 1957, the Commission
the Economic Opportunity Act, the Office is directly responsible
investigates denials of the right to vote, studies legal developments,
for operating the Job Corps, the Community Action Program, and
and appraises Federal policies relating to the equal protection of
the VISTA volunteers program. It also supervises a number of
the laws in such areas as education, housing, employment, the ad-
delegated programs, including the Neighborhood Youth Corps,
ministration of justice, use of public facilities, and transportation.
college work-study, adult literacy, rural loans, small business
It makes recommendations to the President and Congress and
loans, and work-experience programs.
serves as a national clearing house for civil rights information.
Activities of the Office are significant in the civil rights field
C. Community Relations Service.
not only because they will be administered on a completely non-
The Service was established by the Civil Rights Act of 1964 as
segregated basis, but also because they seek to involve the dis-
a unit of the Department of Commerce to assist communities in
advantaged in the planning and administration of the anti-poverty
resolving disputes arising from discriminatory practices which
programs. With more than half of all Negro, Spanish-speaking and
impair rights guaranteed by Federal law or which affect interstate
Puerto Rican families afflicted with poverty, this emphasis is likely
commerce. It conciliates complaints referred by Federal courts in
to produce significant benefits in bringing these groups more into
law suits to desegregate public accommodations and seeks, through
local community life.
conferences, publications, and technical assistance, to aid commu-
K. Other Agencies with Civil Rights Responsibilities.
nities in developing plans to improve racial relations and under-
Education. In addition to the Department of Health, Education
standing.
and Welfare, the Department of Defense, and the Housing and Home
D. Equal Employment Opportunity Commission.
Finance Agency, several other agencies and departments are re-
Established by the Civil Rights Act of 1964, the Commission
sponsible for assuringnon-discrimination in college and university
will investigate charges of discrimination and through conciliation
programs for which they provide Federal financial assistance.
seek to resolve disputes involving discrimination by employers,
These include the Atomic Energy Commission, the National Science
unions and employment agencies covered by Title VII of the 1964
Foundation, the National Aeronautics and Space Administration,
Act. It will carry out technical studies, make assistance available
and the Departments of Agriculture and Interior.
to persons subject to the Act, and may refer matters for action by
Employment. In addition to the President's Committee on Equal
the Department of Justice.
Employment Opportunity and the Equal Employment Opportunity
Commission, other agencies having civil rights responsibilities
E. President's Committee on Equal Employment Opportunity.
in employment include:
This Committee, established by Executive Order 10925, en-
the Department of Labor, which is responsible for securing
forces the requirements of the Order and of Executive Order 11114
non-discrimination in Federally-financed recruitment, training,
that there be equal job opportunities in Federal employment, in
referral, employment service and apprenticeship programs;
work performed under government contract, and in all Federally-
the National Labor Relations Board, which has held certain
assisted construction projects. It supervises the compliance activi-
racially discriminatory practices to be unfair labor practices;
ties of each Federal. contracting agency subject to the Orders.
the Department of Commerce which offers technical assist-
F. Housing and Home Finance Agency.
ance to business through its Task Force on Equal Employment
Opportunities and which has responsibilities under Executive
The Agency is responsible for securing compliance with
Order 11114 and Title VI of the 1964 Civil Rights Act through the
Executive Order 11063 and other Federal laws which require non-
Bureau of Public Roads, the Area Redevelopment Administration,
discrimination in the sale and rental of Federal and Federally-
and other programs;
assisted housing, including public housing, urban renewal, college
the U.S. Civil Service Commission, which carries out cer-
housing, FHA-insured homes, and community facilities. It also has
tain responsibilities for the President's Committee on Equal Em-
responsibility for insuring non-discrimination in employment
ployment Opportunity to eliminate discrimination within the Fed-
under Executive Order 11114 in Federal and Federally-assisted
eral service;
housing construction projects.
the General Services Administration which, through its
G. President's Committee on Equal Opportunity in Housing.
letting of contracts for government buildings and facilities, is in-
Established by Executive Order 11063, the Committee coordi-
volved in implementation of Executive Order 11114 barring dis-
nates the activities of departments and agencies in preventing dis-
crimination in employment by government contractors.
crimination in housing and also conducts educational programs
Federal Financial Assistance. Of course, all Federal agencies
designed to foster acceptance of the Federal policy of equal oppor-
are responsible under Title VI of the 1964 Act for assuring non-
tunity in housing.
discrimination in Federally-financed programs administered by
H. Department of Health, Education, and Welfare.
them. Some have already been mentioned. Others include:
the Department of Agriculture, which helps finance State
Several constituent units of the Department have civil rights
Extension Services, and other agricultural programs;
responsibilities.
the General Services Administration, which is responsible
The Office of Education is charged by the 1964 Civil Rights
for the disposal of surplus Government property;
Act to conduct a survey on the availability of equal educational
the Federal Aviation Agency, which assists in the construc-
opportunity and to provide technical and financial assistance to
tion and maintenance of airport terminal facilities;
school boards in carrying out plans for the desegregation of public
In addition, the Small Business Administration operates a
schools and for assisting in resolution of problems incident to de-
program of special services aimed at expanding business oppor-
segregation. The Office is also responsible for assuring non-
tunities among minority groups.
DEPARTMENT Secretary Jack OFHOUSI OF
U.S.
Offers
A Progressive-Conservative Prescription
AND URBAN Fora New War DEVELOPMENT on Poverty
Federal City Council Annual Meeting
Washington, D.C.
September 17, 1990
DEPARTMENT
OF
U.S.
FHOUSING
AND
URBAN
EVELOPMENT
"As we approach the 21st century, let us resolve to make our legacy a
successful war against poverty. Let's unleash the greatest wealth our
Nation has, the pent-up talents and potential of our people."
Jack Kemp
September 17, 1990
In the 1980's, the American economy
Gingrich, and Congressman Vin Weber want
experienced an unprecedented expansion,
to add capital- and labor-based incentives to
creating over 21 million new jobs -- more than
the tax code, such as the capital gains tax cut,
Europe, Canada and Japan combined -- and
Enterprise Zones, expanded Individual
more than 4 million new business enterprises.
Retirement Accounts, and a higher earned
While the Nation's gross national product
income tax credit for the working poor.
grew by 26.3 percent between 1983 and 1989,
While the 1980's were a period of
federal tax revenues expanded by 35.7
unprecedented economic expansion, parts of
percent, twice as fast as they did in the 1970's.
our Nation and some of our people have been
Federal income taxes paid by the top 1
left behind, or worse, left out. Success has not
percent of taxpayers surged by over 80
been the only story of the 1980s; grinding
percent -- from $51 billion in 1981 to $92
poverty and homelessness, violent crime and
billion in 1987.
drug abuse, and the growing numbers of
The Reagan-Bush Administration
broken families and mothers on welfare attest
rediscovered the classical prescription for
to the challenges that remain. These deeply
noninflationary economic growth: sound
disturbing problems signal the ongoing
money, income tax rate cuts across the board,
deterioration of many communities,
and reductions in the growth of government
especially minority communities.
spending and regulation. As a result, the
In 1984, Governor Mario Cuomo was
world was lifted to a higher vision of what
cheered at the Democratic Convention when
democratic capitalism could achieve in
he told his tale of America as two cities, one
creating wealth and opportunity for people.
rich and one poor, permanently divided into
By contrast, at the decade's end, the leader of
two classes. With all due respect to his great
the socialist world -- the Soviet Empire -- had
rhetoric, the Governor got it wrong. America
become an economic basket case. The
is not divided into two static classes with
intellectual and political case for socialism
envy and redistribution the only answer. But
had collapsed.
our Nation is divided into two economies --
As we enter a tougher economic climate
one is democratic capitalist, and based on
and experience slower growth, we must not
private property; the other is near socialist,
choke off expansion with higher taxes, but
government-directed, and based on public
instead stimulate the economy by enacting
ownership of property.
President Bush's proposed capital gains tax
Our macro and mainstream economy is
cut. This will free up investment capital for
market-oriented, entrepreneurial,
entrepreneurship and new job creation,
incentivized for working families; it rewards
generating billions of dollars of revenues for
work, investment, saving and human
state and federal treasuries, and adding value
productivity.
to the financial assets of our Nation.
The second economy in our inner cities
The creation of new businesses, the
is similar in many ways to Eastern European,
unleashing of innovative ideas, invigorates
or Third World socialist economies. It is
economies and markets. Economic growth in
predicated on rules, regulations, and
the 1980's confirmed that real wealth comes
incentives that are directly opposite to those
not from physical resources, but from human
governing our mainstream economy.
resources; not from mere things, but from the
The second economy almost
ideas, talents, and efforts of people. That's
guarantees poverty and dependency:
why the President and some courageous
-- it rewards welfare and unemployment at a
Republicans like Senators Bob Kasten and
higher level than working and productivity;
Connie Mack, House GOP Whip Newt
it taxes and regulates the entrepreneur who
wants to succeed in the above-ground
speech, a man came forward from the
capitalistic system, while rewarding the
audience and offered to finance a trust fund
underground economy of illicit capitalism;
to cover the cost of a college education for the
-- it rewards people who stay in public
young girl.
housing more than those who want to move
The startling fact in America today is
up and out into private homeownership;
that the highest marginal tax rates are not
-- it rewards the family that breaks up rather
paid by the affluent, but by welfare mothers
than the family that stays together;
or unemployed fathers who want to take a
-- it encourages debt, borrowing, and
job. In most cities, a welfare mother must
spending more than saving, investing, and
earn nearly $18,000 in wages to equal her
risk-taking.
welfare payments. According to a study by
-- but worst of all, it weakens and, in some
Christopher Jencks and Kathryn Edin in the
cases, destroys the link between effort and
American Prospect magazine, a working
reward.
mother with two children, employed at about
The irony is that the first war on
$5 an hour, would net minus 45 cents per
poverty and much of our welfare system was
hour. She would lose about $4 a day after
created to help the poor, to alleviate suffering,
taking into account lost government benefits,
and to provide a basic social safety net. But
taxes, and work-related expenses such as
despite the noble intent, it has created
transportation and child care.
dependency, welfare bureaucracy, and near
Eugene Lang, a wealthy New York
pathological social conditions for some. Our
businessman, also believes in the power of
country is now reaping this bitter harvest in
incentives to produce positive behavior.
terms of homeless women and children,
According to The New York Times, he told
unemployed fathers, and crack-addicted
children in PS 121 elementary school in East
babies -- despair not hope, poverty not
Harlem that if they stayed in school, got good
opportunity.
grades, and stayed drug free, he would
Examples abound of how disincentives
personally pay for their college educations.
have created poverty in inner cities. I
Talk about results! Sixty percent of those
recently read a Wall Street Journal article
children had been dropping out, but today 90
about a woman on welfare in Milwaukee,
percent are in their first or second year of
Wisconsin who tried to put away a few
college.
pennies, nickels, and dimes so that one day
Public housing is another example of
she could do what every mother wants to do
government policies that perpetuate a
send her daughter to college. She managed
poverty trap with disincentives to work and
to build a savings account of just over $3,000,
disincentives to build strong families.
but there was a catch: the welfare agency said
Because public housing authorities charge
she was violating welfare rules. She was
rents based entirely on a tenant's income,
taken into court, prosecuted for fraud, then
those rents actually can jump by 600 percent
fined $15,000. But since she didn't have
or more if the tenant gets married or takes a
$15,000, they took her $3,000, gave her a
job. In some cases, rents exceed those
year's sentence in jail, suspended it -- and in
charged in the private sector for similar
the process traumatized her life.
dwellings.
Guess what? She now spends every cent
We're instituting a new policy at HUD
she gets, and relies on government subsidies
that sets "ceiling" rents at no higher than the
to pay for just about everything. Incidentally,
market level. If a tenant takes a job or gets
the story may have a happy ending for this
married, the rent increase will be put into an
woman. After I mentioned her story in a
escrow or savings account, which will be
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released to the family when they leave public
people. But this important victory isn't yet
housing, to pay, for example, for a
won. Some House-Senate conferees on the
downpayment on their first home. We want
Housing bill are trying to overturn our policy.
public housing -- indeed, all public assistance
The good news is government policies
-- to become a platform for self-sufficiency,
can change. More important, people do
not a trap of dependency. HUD used to give
respond to rewards. Productive human effort
awards for public housing residents who
can be promoted; behavior can be modified;
stayed in public housing the longest. We
work effort can be unleashed. President Bush
stopped that. Now, we're offering incentives
said making this happen means "giving
to public housing tenants who move up and
people -- working people, poor people, all
out into the private sector.
our citizens -- control over their own lives. It
The heavily-regulated U.S. housing
means a commitment to civil rights and
market is another example of government-
economic opportunity for every American."
created scarcity. Rent controls, exclusive
The Bush Administration is pursuing
zoning laws and building codes have
and expanding a national agenda to help low-
crippled low-income rental housing markets
income people combat poverty and despair.
in many cities. Ironically, rent controls often
In his recent speech to Congress on the
help the wealthy and hurt the poor. The
Persian Gulf crisis, President Bush mentioned
New York Times recently editorialized that
this agenda -- the only domestic goal he
"Perversely, many poor families are the
spoke of not directly affected by that
harshest losers from rent controls
rent
situation.
control has benefited the lucky, not the
First, President Bush wants to cut the
needy."
capital gains tax rate, not to help the rich, but
The real effect of rent control is to
to help the poor get rich in terms of
subsidize many upper and middle income
opportunity.
families. Since rent controls create incentives
As Abraham Lincoln said, "When one
for these families to stay in regulated
starts poor, as most do in the race of life, free
apartments, these homes are not available for
society is such that he knows he can better his
those with lower incomes. According to the
condition in life. I am not ashamed to confess
Times, "some families in the highest income
that twenty-five years ago I was a hired
groups became even richer by buying
laborer, mauling rails, at work on a flatboat --
apartments they rented, reselling them later
just what might happen to any man's son! I
at 10 and 15 times what they paid."
want every man to have the chance
in
Affordable housing is a real challenge, and
which he can better his condition -- when he
the Administration is taking steps to solve it.
may look forward and hope to be a hired
State and local governments make the task
laborer this year and next, work for himself
difficult by imposing market-destroying
afterward, and finally hire men to work for
regulations.
him. That is the true system."
Another glaring example of
In the spirit of Lincoln's vision
counterproductive government policies is the
President Bush has asked Congress to cut the
way in which HUD subsidizes vacant public
capital gains tax rate to 15 percent for the
housing. It costs the taxpayer over $1,300 per
Nation -- and establish Enterprise Zones -- as
unit to support vacant public housing often
a national policy to generate jobs,
used as crack houses for gangs and drug
opportunities, and minority enterprise in our
pushers. We've started a policy called
Nation's most distressed communities.
Operation Occupancy to subsidize only
I believe we should set a goal of
homes actually occupied by low-income
doubling or tripling the number of minority
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business enterprises over the next decade.
unlock. According to Black Enterprise, "The
Earl Graves of Black Enterprise magazine has
greatest deterrent to black economic
pointed out that black-owned firms still
advancement has been the lack of access to
account for just 3 percent of all U.S.
venture capital."
companies, with only 1 percent of gross
The refusal by Congressional leaders
receipts. This is not just a tragedy for the
to cut the capital gains tax is
African-American community, but for all
counterproductive to our national goal of
minorities. Worst of all, it hurts all of us
winning a war against poverty. The capital
when so many of our people lack access to
gains tax is not a tax on the rich; it's a tax on
capital, property, and resources.
the creation of wealth. If the tax code taxes
Cutting the capital gains tax rate has
wealth at such a high rate that the wealth
worked before, and it can work again to
disappears, jobs will be destroyed and small
powerfully stimulate minority businesses and
business creation will drop. As jobs
job creation. In 1978, the Steiger amendment
disappear, the poor will suffer the most. To
slashed the capital gains tax from more than
make it worthwhile for people to innovate, to
50 percent to 28 percent; in 1982, the Reagan/
risk, and to create wealth, we've got to set a
Bush tax cuts began to take effect, including
lower tax rate for risk income than for
our cut in capital gains to 20 percent. What
ordinary income.
happened?
Second on the President's agenda is
Between 1977 and 1982, the number of
resident management and urban
black-owned businesses increased by 33
homesteading in public housing to empower
percent, and new Census Bureau figures
tenants to take control of their communities
show that, between 1982 and 1987, the
and achieve their dreams of homeownership.
number of black-owned companies jumped
Under President Bush's leadership, we've
38 percent -- growing two-and-a-half times
recently set a goal of creating more than 1
faster than all new business formations in the
million new homeowners by 1992 through
same period.
FHA and our HOPE initiative,
While the 1986 tax reform lowered
Homeownership and Opportunity for People
income tax rates across the board, Democratic
Everywhere, which has passed the House and
leaders in Congress extracted a high price by
Senate and goes to conference this week.
demanding a 65 percent increase in the
Post columnist William Raspberry wrote
maximum tax rate on capital gains -- one of
recently when assets are present, people
the largest increases in U.S. history!
begin to think in terms of the asset. If a
Considering inflation, the real capital
young mother owns her own home, she
gains tax rate, according to a study by
begins to pay attention to real estate values,
economist David Goldman, may easily be 75
property taxes, the cost of maintenance and so
percent or more. This punitive tax is
forth it is the assets themselves that create
staggering the entrepreneurial sector.
this effect, as opposed to just educational
Columnist Warren Brookes estimates that
programs or exhortations toward better
investment, which was growing at more than
values."
7 percent annually before the tax hike, has
Raspberry is right. Not only is
slowed by 50 percent, and new business
homeownership and tenant empowerment a
formation is actually declining for the first
practical thing to do, it's a moral imperative.
time in 10 years.
Third, in order to create greater choice
No one is hurt more by this than the
and independence, rental vouchers should be
poor and minorities who need access to the
significantly increased and expanded. Low -
seed corn that a capital gains tax cut would
income families should have greater
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opportunity to live where they want and
choice in the education of their children
better access to affordable housing.
deserves strong consideration.
Fourth, tax reform is needed now to
Eighth, Congress should pass President
help remove more low-income families from
Bush's HOPE legislation, which allows
the tax rolls and dramatically increase the net
homebuyers to use IRA's to help purchase
income of welfare mothers and unemployed
their first home, expands the low-income
fathers who get jobs. In 1948, a median-
housing tax credit, and links housing
income family of four paid almost no income
vouchers to strategies for gaining self-
taxes, and only $30 a year in direct Social
sufficiency through a new program called
Security taxes. This year, the same family's
Operation Bootstrap.
tax burden would be over $6,000. To be as
Today's debate over how to help low-
sensitive to families as in 1948, the personal
income people is a debate between those who
exemption today would have to be well over
believe that people are a drain on resources
$6,000.
and those who see that people are our
Fifth, it is essential to expand the earned
greatest resource. It is a debate pitting hope
income tax credit and pass the President's
and opportunity against the politics of envy.
Child Care tax credit to roll back the huge
I believe that our greatest assets are not in the
burden on low-income families and
wealth we see around us but in the potential
unemployed parents. These can be paid for,
that is unseen -- minds yet to be educated,
in part, by the additional revenues gained
businesses yet to be opened, technologies yet
from cutting the capital gains tax rate to 15
to be discovered, jobs waiting to be created.
percent. The capital gains tax cut would
Wealth is not what we've done, but what we
expand tax revenues at all levels of
have yet to do -- and we've got a lot to do.
government by spurring new economic
I've travelled to hundreds of distressed
growth.
communities and I know entrepreneurial
Sixth, for homeless people, the
capitalism and empowerment can work to
Administration's new Shelter Plus Care plan
create the wealth and opportunities of the
will expand community-based mental health
future. As we approach the 21st century, let
facilities, drug abuse treatment, job training,
us resolve to make our legacy a successful
and day care. Shelter and support services
war against poverty. Let's unleash the
are the key to helping homeless Americans
greatest wealth our Nation has, the pent-up
re-enter the mainstream economy. If
talents and potential of our people.
Congress passes HUD's budget request for
1991, including the Shelter Plus Care
initiative, it will represent a 62 percent
increase in homeless assistance over 1990 and
nearly a 170 percent increase from 1989.
Seventh, to enhance education and
opportunity, we must expand true choice and
competition through magnet schools,
education vouchers, tuition tax credits, and
other policies which increase alternatives in
education. Merit -- plus champions like State
Representative Polly Williams in Wisconsin
and Council Member Keith Butler in Detroit
-- has rescued this idea from the partisan
attacks of the past. Empowering parents with
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