Speech #870172992

Mr. President. I have read to the Senate portions of the decisions of the Supreme Court of the United States holding that States have the power to adopt literacy tests which apply alike to all persons of all races. The literacy tests which are now upon the statute books of approximately 21 of the 50 States are in strict conformity with the constitutional provisions and with the decisions holding nondiscriminatory tests to be constitutional. I hope at a later stage of the discussion. either upon the resolution or the three bills which I have been discussing. to have an opportunity to go into the literacy tests of each of the 21 States that have such tests and demonstrate to the Senate that such tests are perfectly valid when read in the light of the Constitution andin the light of the decisions of the Supreme Court of the United States construing that Constitution. In closing I point out that if laws embodying the provisions of these bills can be held constitutional. the capacity of the Federal Government to multiply its power by assertions of facts in preambles and whereases is unlimited. If Congress can strike down literacy tests of States. it can strike down any other qualifications for voting by the simple expedient of uttering a legislative assertion in a preamble or "whereas." clause. regardless of whether such legislative assertion is true or false. In like manner. it could strike down the requirements of State laws that a person in order to be eligible to vote must be of a certain age or that he should be free of conviction for felonies. or any other requirement which State laws might prescribe. Frankly. I do not believe Congress can establish questions of fact by assertions in preambles and "whereases." The decision in the Lassiter case indicates that before Congress can strike down any State action uner any nondiscriminatory literacy test for voting prescribed by State law on the ground that it violates the 15th amendment. it must establish that fact in proper judicial proceedings by testimony. The Supreme Court stated in substance in the Lassiter case that there was no evidence that the literacy test there under consideration had been used in actual practice as an Instrument of discrimination under the 15th amendment. Later I shall discuss the point as to the capacity of Congress to settle questions of fact by legislative enactment. I say that such a power does not exist and that any attempt to assert such power violates the third article. by attempting to give Congress a part of the judicial power. and the due process clause of the fifth amendment by attempting to forbid courts to exercise a judicial function.