I say further that for this great legislative body to ignore the Constitution and the fundamental concepts of our governmental system is to act in a manner which could ultimately destroy the freedom of all American citizens, including the freedoms of the very persons whose feelings and whose liberties are the major subject of this legislation.
The power granted the Attorney General to intervene in all equal-protection-of-the-law cases is extremely broad and dangerous. Choices made by the Attorney General could follow a political and selected pattern.
Mr. President, passage of this bill will visit the heel of oppression on all the people, vitiate their constitutional shield against tyranny, and materially hasten the destruction of the best design for self-government yet devised by the minds of men. Its passage will mark one of the darkest days in history
This bill, by vesting the power to withhold or terminate Federal funds, creates a concentration of power of economic coercion unequaled in the history of governments—a power concentration which defies the experience of mankind with the temptation of power to corrupt.
…this bill will require the creation of a Federal police force of mammoth proportions. It also bids fair to result in the development of an ‘informer’ psychology in great areas of our national life—neighbors spying on neighbors, workers spying on workers, business spying on businessmen—were those who would harass their fellow citizens for selfish and narrow purposes will have ample inducement to do so. These, the Federal police force an ‘informer’ psychology, are the hallmarks of the police state and landmarks in the destruction of a free society.
The Community Relations Service would be another pro-civil rights Federal agency attempting to make people do what the policy of the Federal Government demanded that they do. Moreover, in title II of the bill, this Service is made an agent of the court without due thought as to the effect on legal and judicial procedures.
The Civil Rights Commission should never have been brought into existence. It has been most prejudiced in its viewpoint, and has fomented trouble and racial disturbance since its inception. It should be abolished, not extended.
By its attempt to regulate and govern the private businesses, which are miscalled public accommodations in the bill, this proposal would inject the Government into the most sensitive areas of human contractual relations—agreements for personal services. In so doing, constitutional interpretations of long standing are being swept aside in favor of tortuous rationalizations which studiously ignore the constitutionally-forbidden imposition of involuntary servitude on citizens
The two portions of this bill to which I have constantly and consistently voiced objections, and which are of such overriding significance that they are determinative of my vote on the entire measure, are those which would embark the Federal Government on a regulatory course of action with regard to private enterprise in the area of so-called public accommodations and in the area of employment—to be more specific, titles II and VII of the bill. I find no constitutional basis for the exercise of Federal regulatory authority in either of these areas; and I believe the attempted usurpation of such power to be a grave threat to the very essence of our basic system of government; namely, that of a constitutional republic in which 50 sovereign States have reserved to themselves and to the people those powers not specifically granted to the Central or Federal Government.
This is an unprecedented threat to American traditions, and is aimed at forcing civil rights compliance in the South by authorizing the cutting off of funds in all financial assistance programs. Procedures in the title are devoid of due process of law. It states too broad a policy without defining ‘discrimination.’ Moreover, it authorizes an alternative court enforcement to bureaucrats who pronounce regulations approved by the President, whereas these matters should be promulgated, if at all, by act of Congress.