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Introduction
The Voting
Rights Act of 1965, passed in the wake of voting
demonstrations in Selma, Alabama, provided the capstone
to many years' efforts to strengthen voting rights
for African-Americans. It gave the Attorney General
the power to appoint federal examiners to supervise
voter registration in states or voting districts where
a literacy or other qualifying test was in use and
where fewer than 50 percent of voting age residents
were registered or had voted in 1964. Eight states
were affected in a major way: Alabama, Alaska, Georgia,
Louisiana, Mississippi, North Caroline, South Carolina,
and Virginia.
Although it may not seem such a radical concept in
2002, the Voting Rights Act departed from the pattern
of civil rights bills by providing for direct federal
action to enable African-Americans to register and
vote. Previous laws required individuals to file suits
in courts, a process that often took years to conclude.
[Congress and the Nation, p. 356].
The Beginning
On January 18, 1965, Dr. Martin Luther King, Jr.,
president of the Southern Christian Leadership Conference,
opened a campaign in Selma, Alabama, to call attention
to the discrimination against the right of African-Americans
to vote. Selma
was notorious. For example, someone registering
to vote was required to complete a form with more
than 50 blanks, write from dictation a part of the
Constitution, answer four questions on the governmental
process, read four passages from the Constitution
and answer four questions about the passages, and
sign an oath of loyalty to the United States and
to Alabama. When Dr. King began his registration
drive, of the 9,877 who were registered to vote,
9,542 were white and 335 were black [Congress
and the Nation, p. 357].
Within days, the brutality of the state police in
suppressing King's peaceful protests shocked the country
and Congress. In the first week of February 1965,
President Lyndon Johnson invited Dirksen to the White
House, and there they discussed the possible need
for a new civil rights bill. Continuing social unrest
led Johnson and congressional leaders to conclude
that a new law would have to be enacted. This surprised
Dirksen and other sponsors of the omnibus Civil Rights
Act of 1964. "We felt, "Dirksen opined, "we had made
some real honest-to-God progress last year. We felt
everything would fall into its slot. We thought we
were out of the civil rights woods, but we weren't." [Quoted
in MacNeil, Dirksen, p. 252]
On February 11, Dirksen met with Senate Majority
Leader Mike Mansfield and Johnson's new Attorney General,
Nicholas Katzenbach. They agreed on enacting a stringent
new law to guarantee the right to vote, one that would
inflict severe penalties on anyone obstructing any
citizen's right to vote.
Working out the details took time, however. Dirksen,
Mansfield, and Katzenbach labored for weeks, as demonstrations
continued in Alabama. Dirksen and his staff produced
a bill that gave the federal courts responsibility
for enforcing the right to register and vote. This
did not satisfy Mansfield or the White House, both
of whom were suspicious of federal judges in the South.
Dirksen relented and endorsed the use of federal registrars,
called "examiners."
Once Dirksen was on board, President Johnson went
before a joint session of Congress on March 15 and
asked that the legislation be passed. On March 18
Dirksen and Mansfield jointly introduced the President's
bill, S 1564, which had been drafted in Dirksen's
office. The bill went to the Judiciary Committee for
consideration - with an April 9 deadline for reporting.
Dirksen explained the context for the voting rights
bill in a television
and radio broadcast to his constituents in Illinois
during that same week. He dealt with the Constitution's
treatment of slavery, the post-Civil War amendments,
and the series of civil rights bills passed beginning
in 1957. He issued a strong call for action by Congress: ".
. . the right to vote is still an issue in this free
country. There has to be a real remedy. There has
to be something durable and worthwhile. This cannot
go on forever, this denial of the right to vote by
ruses and devices and tests and whatever the mind
can contrive to either make it very difficult or to
make it impossible to vote." A week later, Dirksen's
staff created a form
letter to respond to growing volume of mail on
the subject.
Proponents of action battled among themselves over
particular provisions, however, some preferring stronger
action than others. For example, Dirksen differed
sharply with Democratic liberals in the Senate led
by Ted Kennedy over the latter's anti-poll tax amendment.
The Judiciary Committee reported the bill shortly
before midnight on April 9. It now contained stronger
provisions than the original, reflecting intense lobbying
by liberals.
Senate floor debate on the voting bill began April
22. Minority Leader Dirksen prepared his remarks carefully,
writing a draft in one of the scores of personal
notebooks he kept. As was often his practice,
the Senator from the Land of Lincoln provided historical
background for the current debate. He emphasized the
constitutional principle of "consent of the governed" before
posing this rhetorical question: "How then shall there
be government by the people if some of the people
cannot speak?" One hundred years to the month after
the Civil War ended, in Dirksen's words, "we seek
a solution which overrides emotion and sentimentality,
prejudice and politics and which will provide a fair
and equitable solution."
Southern opponents of S 1564 argued that the measure
was unconstitutional in circumventing a state's right
to impose its own voting criteria. But an expected
filibuster never materialized. Instead, the Southerners
attempted to alter the bill's main provisions by proposing
many amendments.
For weeks the bickering continued. The White House
needed Dirksen and his Republicans to support cloture
to end debate, but Dirksen found it more difficult
than expected to bring Republicans to support cloture.
The battle over voting rights legislation become a
test of Dirksen's ability to lead the Republicans,
some of whom supported a rival, Bourke Hickenlooper
of Iowa. Despite being hospitalized three times in
the Spring of 1965, Dirksen worked relentlessly. "This
involves more than you," Dirksen told one of his colleagues. "It's
the party. Don't' drop me in the mud." [Quoted in
MacNeil, Dirksen, p. 259]
Dirksen had to disarm and satisfy Republican conservatives
who opposed the expansion of federal authority into
realms typically reserved to the states and localities.
In his effort to forge a majority, he tailored the
legislative language to limit the ban on poll taxes
to those states actually using them to prevent voter
registration. Senate liberals, including Illinois's
other Senator, Paul Douglas, blasted Dirksen for watering
down the bill, but President Johnson understood the
political realities and instructed Majority Leader
Mike Mansfield to go along with Dirksen to get a cloture
vote.
By late May, Dirksen found the votes. He told Mansfield
to proceed, and on May 21 a petition for a cloture
motion was filed. The motion for cloture was adopted
by a 70-30 roll-call vote on May 25. The very next
day, Dirksen again exhorted his colleagues to pass
the voting rights bill, and by this time approval
was well-assured. It passed on a 77-19 roll-call vote.
The House approved its version of voting rights legislation
(HR 6400) on July 9 by a vote of 333-85. A conference
committee was named, and Dirksen served on it (for
an example of a letter from a House member asking
for Dirksen's support during those deliberations,
click here).
The committee settled the differences in relatively
short order and issued its report on July 29. The
House approved the conference report on August 3,
the Senate a day later.
Lyndon Johnson signed the bill into law (S 1564 -
PL 89-110) on August 6, 1965. At the signing ceremony,
broadcast nationwide from the U.S. Capitol rotunda,
President Johnson said that the Act would "strike
away the last major shackle" of black Americans' "ancient
bonds."
Print Sources
Congress and the Nation, vol. 2, 1965-68 (Washington
DC: Congressional Quarterly Service, 1969): 356-364
Neil MacNeil, Dirksen: Portrait of a Public Man (New
York and Cleveland: The World Publishing Company,
1970), pages 252-260.
Edward L. and Frederick H. Schapsmeier, Dirksen
of Illinois: Senatorial Statesman (Urbana and
Chicago: University of Illinois Press, 1985)
Web Sites
Africana.com http://www.africana.com/Utilities/Content.html?&../cgi-bin/banner.pl?banner=Education&../articles/tt_393.htm
The 1965 Voting Rights Act http://www.historylearningsite.co.uk/1965_voting_rights_act.htm
Alabama Department of Archives and History http://www.archives.state.al.us/teacher/rights/rights5.html
Historical Materials
The Everett McKinley Dirksen Papers, The
Dirksen Congressional Center, Pekin, Illinois
Documents
The following are documents drawn from the Everett
M. Dirksen Papers housed at The Dirksen Congressional
Center in Pekin, IL.
Radio-TV
Weekly Report, March 15, 1965, "The Old Problem
of Voting Rights," Dirksen Papers, Remarks and Releases
Form
Letter, "Voting Rights Act of 1965," March 22,
1965, Dirksen Papers, Chicago Office File, f. 2154
"Voting
Rights.The Consent of the Governed," Dirksen
Papers, Notebooks, f. 162
Letter,
J. Bingham to E. Dirksen, July 22, 1965, Dirksen
Papers, Working Papers, f. 277 |