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Whitney, Mrs. Ray, Republican member, legislative committee, Or-

ganized Women Voters of Arlington County, Va.

608

Young, Mrs. Beatrice, Jackson, Miss___

576

Message for Race Relations Sunday issued by National Council of
Churches drafted by Rev. Martin Luther King....

109

Challenge To America, by Father L. J. Twomey, S. J., director of Insti-
tute of Industrial Relations at Loyola University.
Notice of public hearings on proposed civil rights legislation by Sen-
ate Judiciary Subcommittee on Constitutional Rights as printed in
Congressional Record of February 4, 1957-

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125

Listing of members of Committee on Judiciary, United States Senate,
85th Congress, 1st session____

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Listing of civil rights bills referred to Constitutional Rights Commit-

tee.

126

CIVIL RIGHTS-1957

THURSDAY, FEBRUARY 14, 1957

UNITED STATES SENATE,

SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS,
OF THE COMMITTEE ON THE JUDICIARY,

Washington, D. C'.

The subcommittee met, pursuant to call, at 10: 10 a. m., in room P-63, United States Capitol Building, Senator Thomas C. Hennings, Jr. (chairman of the subcommittee), presiding.

Present: Senators Hennings, Ervin, and Hruska.

Also present: Charles H. Slayman, Jr., chief counsel, Constitutional Rights Subcommittee; and Robert B. Young, staff member, Committee on the Judiciary.

Senator HENNINGS. The committee will come to order.

We are very glad to have the distinguished Attorney General of the United States here this morning to open the hearings on the socalled civil-rights legislation.

Mr. Attorney General, you may proceed in any manner you prefer.

STATEMENT OF HON. HERBERT BROWNELL, JR., ATTORNEY GEN-
ERAL OF THE UNITED STATES, ACCOMPANIED BY WILLIAM P.
ROGERS, DEPUTY ATTORNEY GENERAL; WARREN OLNEY III,
ASSISTANT ATTORNEY GENERAL; AND EDWARD L. BARRETT,
JR., SPECIAL ASSISTANT TO THE ATTORNEY GENERAL

Mr. BROWNELL. Mr. Chairman and members of the subcommittee, I have a prepared statement I would like to start with if that is agreeable with you, Mr. Chairman.

On April 9, 1956, I transmitted to the Vice President and to the Speaker of the House a four-point program recommended by the administration to protect the civil rights of our people. I am appearing before you today in support of this same program.

As you will remember, President Eisenhower, in his state of the. Union message delivered to the Congress on January 19, 1957, re- Jan. 10 emphasized that we in this Nation have much reason to be gratified at the progress our people are making in mutual understanding. He reiterated that we are steadily moving closer to the goal of fair and equal treatment of all citizens without regard to race or color. The President observed, however, that "unhappily, much remains to be done." As a substantial step toward achieving this goal he urged passage of the administration program. This program includes:

(1) Creation of a bipartisan commission to investigate asserted violations of law in the field of civil rights, especially involving the right to vote, and to make recommendations;

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(2) Creation of a civil-rights division in the Department of Justice in charge of a presidentially appointed Assistant Attorney General; (3) Enactment by the Congress of new laws to aid in the enforcement of voting rights;

(4) Amendment of the laws so as to permit the Federal Government to seek from the civil courts preventive relief in civil-rights cases. Proposed bills to carry out the administration program were submitted to the Congress last year. These bills in the form submitted by us are contained in one of the bills which is before the subcommittee today, S. 83, which was introduced into this Congress by Senator Dirksen and 36 other distinguished Members of the Senate and which is now before this subcommittee for consideration.

S. 83 also contains some additional provisions relating to the proposed bipartisan commission on which I shall comment later.

Numerous other proposals, including the bill in subcommittee print, which are before you have also been carefully studied by the Department of Justice, but I would like first to address myself to the administration program and thereafter comment on the other bills. The first one I would like to discuss in detail, Mr. Chairman, is the bill authorizing civil remedies as distinguished from criminal remedies. These are the matters which appear under part 3 and part 4 of S. 83 on pages 14 to 17 of that bill.

I start out this discussion by saying what I am sure you will all agree to, that the right to vote is really the cornerstone of our representative form of government.

I would say that it is the one right, perhaps more than any other, upon which all other constitutional rights depend for their effective protection, and accordingly it must be zealously safeguarded.

The Federal Government has in the past and must in the future play a major role in protecting this essential right. It is true that under the Constitution the States are given the power, even with respect to elections for office under the Government of the United States, to fix the "qualifications" of the voters (art. I, sec. 2; amendment 17).

But this power of the States is limited, with reference to the election of Federal officers, by the express power given Congress to regulate the "manner" of holding elections article I, section 4-and, more importantly, by the provisions of the 14th and 15th amendments.

The 15th amendment provides that in any election, including purely State and local elections, the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

The 14th amendment prohibits any State from making or enforcing laws which abridge the privileges and immunities of citizens of the United States and from denying to any person the equal protection of the laws. The courts have held that these prohibitions operate against election laws which discriminate on account of race, color, religion, or national origin. And both of these amendments expressly confer upon Congress the power to enforce them by appropriate regulations. Beyond the provisions of the 14th and 15th amendments, which inhibit only official action, Congress has the broad power to protect voters in elections for Federal offices from action by private individuals which interferes with the right of the people to choose Federal officials.

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