Excerpts from Senate Report RE: Additional Views of Senator Orrin Hatch

    Views 0? Sal/mini“ Orrin Haida

EXCbVP‘i’S Fybm Senate. Report
(From his Will—(om MOMS)

 

      

  

' ' , d'figulti'gs.m'tluhe proposed amendments to the 320t-
F i q Li C9 Z01?) ' Whilge‘t? mc‘t—imd they are conSIdera e— av

a ure. ave one so because Iblbelieve
t e - asic Votin 1 ts ct as made an immeasura' e con-
tribution toward ensgiiringg for all American citizens Sgagdétfesnp}:
race or color, the most fundamental guarantees of def -I'ncreas-
Amendment to the Constitution. It has etfectivel secure 1 Oi .1 free
ing numbers of citizens the mostfundamental o ClVll .riglitst (:11 a re-
society—the right to participate in the selection of one s e cc rep

serltiiiitviiis- said that, I can mem@what I have consistently sa}i1d

liming the debate on the proppise amendments to 310239: a; tine
" ' R' hts Act: these amen ments, in m we .. -

“ iiEiilEblelgrans ' ‘ the ur oses an obJectives of the Voting
Rights Kc;

    

' lfie 05 'ectives of these amendments a 11st] difl'erent t

of on na . n a e traditional ocus u n equa ceaa
re nation and the allot, the amendments would ocus upon e a
fin t l 1 Instead of aiming ultimately at the
conm eration of race in the electoral process as did the original
Act. the amendments would make race the over-riding factor in
public decisions in this area. Instead of directing its protections
toward the individual citizen as did the original Act—and as does
the Constitution—the amendments would make racial and ethnic
groups the basic unit of rotection. Instead of reinforcing the great
constitutional principle of equal protection as did the original Act. the
amendments would substitute a totally alien principle of equal results.
I will not elaborate further at this point upon my fundamental
concerns with either the amendments to section 2 or to section 5 (re—
lating to bail-out from preclearance by covered jurisdictions) because
I am content to incor rate in their entiret ' the views recently ex-

Ommlteeon ,onstimitmuu 1c

       
     

     

ever, I would like to add some additional remarks on this amendment.
In what seems to be the euphoria generated by the proposed com-
promise", virtually ensuring the smft enactment of this measure, I
must reluctantly state that I believe that the Emperor has no clothes.
The proposed compromise is not a compromise at all; its impact is not
likely to be one whit difi'erent than the unamended House measure.
.As much as it is tempting to embrace this lan age and claim a par-
tial victory in my own efi'orts to overturn the .ouse legislation, I can-
not in good conscience do this. As Pyrrhus said many centuries ago,
“Another such victory over the Romans and we are undone. Those
who have shared, in any respect, my concerns about the dim J‘s of,
the new results test may look appreciatively upon the politica out
being afl'orded us by the present compromise; I would hope, however,
that none would delude themselves into believmg that it represents
anything more substantial than that.

’ Because it has been characterized by some as a “compromise", how-
P‘ 95 [(3. 29 QJ

Hair/h Views

In the
likely event. that this measure become law, I would urgtrthe courts of
this country to look critically at the constitutional implications of
this legislation. \Vhile the courts. in my view. owe great deference to
the actions of this branch of the National government, they also owe
loyalty to the fundamental principles and institutions of the Consti-
tution— including those of federalism, the separation of powers, and
equal protection of the laws. Having been an active participant in the
legislative history surrounding this measure. I can only urge the
courts to recognize and appreciate the exceptional political circum°
1stances of this debate. Great principles of constitutional law. and
public policy, are not normally decided by 389-24 vote margins unless

such circumstances exist. A close examination of the documentary
history of this measure will, I believe, cast a great measure of doubt
upon the findings and conclusions of both this Committee _Report and
that of the House of Representatives, from the perspective even of

‘ ' to ueetion the 'ud ment of the Congress.“

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