The Dirksen Breather

Illinois' Everett Dirksen knelt in an aisle of the U.S. Senate chamber last week, flung out his arms and pealed: "It's like getting down on your knees and saying 'Please, Mr. Court.'" He got back up on his feet and roared, "I will not beg!"

It was Ev's way of saying again that he is profoundly opposed to a June 15 Supreme Court decision ordering states to reapportion their entire legislatures on the basis of population--the "one man, one vote" principle. To Dirksen, arguments about that issue are "hogwash" and the only question is "whether the Federal Government--in this case the judicial branch--under the Constitution has the right and the authority to dictate the composition of state legislatures." Dirksen called on his colleagues to back the "Dirksen breather"--a rider attached to the $3.3 billion foreign aid bill that would delay states' compliance with the court ruling for two years. In the interim, Dirksen meant to promote a constitutional amendment permanently preventing federal courts from ruling on state legislative apportionment.

Some Senate liberals, mostly Democrats but with the backing of a handful of Republicans, were filibustering against the Dirksen rider. When Dirksen tried to invoke cloture, he failed. The filibustering liberals were joined in their nay votes by Southern Democrats who, although for the rider, defend filibusters as a matter of principle. Therefore the cloture motion lost, 63 to 30. The vote plainly did not reflect Senate sentiment about the Dirksen breather, as such, and on a subsequent motion to kill Dirksen's rider for good by tabling it, 49 Senators voted to keep it alive, with 38 against it.

That meant that some action had to be taken on Ev's motion before Congress adjourns this year, and Dirksen, who is not up for reelection, seemed to be in no great hurry. "I can stay here until Christmas," he said. "This issue will have to be resolved."

Such a prospect appalled the Johnson Administration, and the President gave the word to Hubert Humphrey. Hubert promptly announced support of a compromise resolution already introduced in the Senate by New York Republican Jacob Javits and Minnesota Democrat Eugene McCarthy.

This resolution would merely declare it to be the "sense of Congress" that the states should have "adequate time" to conform to the Supreme Court's decision. That compromise was less than palatable to many Senators--if only because of their deep-seated suspicion that the federal court system, taking its cue from the Supreme Court, will care little about the "sense of Congress."

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