[Congressional Record Volume 141, Number 108 (Thursday, June 29, 1995)]
[Senate]
[Page S9468]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                         ADDITIONAL STATEMENTS
                 TRIBUTE TO CHIEF JUSTICE WARREN BURGER

  Mr. HATFIELD. Mr. President, it is with great sadness that I heard of 
the passing of Chief Justice Warren Burger earlier this week. Today, I 
am thankful for this opportunity to reflect upon the life of a tireless 
public servant; he was committed to the judicial system and faithfully 
devoted to the Constitution. These two thematic strands permeated his 
public life, both during his legal career and after he had left the 
court. Serving as Chief Justice of the United States for 17 years, he 
lead the Court through a gradual, centric shift, presiding with 
impartiality and fairness.
  The Chief proved the terms liberal and conservative inadequate in 
characterizing his perspective on the Constitution. This pragmatism was 
put to the test in 1974 when he wrote the majority opinion in a 
unanimous decision which led to the resignation of the president who 
appointed him. The Court ruled that President Nixon must surrender 
tapes of recorded conversations, which had been subpoenaed during the 
Watergate investigation.
  Much of his life's work focused on improving the operations and 
administration of the courts. Unsatisfied with status quo, the Chief 
began raising his voice against the problems in the judicial system. He 
advocated improving legal education with emphasis on practical skills 
and ethics. The Chief was a consummate victim's advocate, sympathizing 
with their rage, frustration, and bitterness.
  He carried his dedication for efficiency into the halls of the 
Supreme Court. Faced with a litigation explosion, the Chief took pro-
active measures to expedite the courts' handling of cases. He and he 
alone masterminded the consolidation of judicial services, now housed 
in the Thurgood Marshall Federal Judicial Building. His dedication to 
improving the structures of the courts was reflected in a 1986 
resolution by the Conference of State Chief Justices and State Court 
Administrators to say that the Chief had done ``more than any other 
person in history to improve the operation of all our nation's 
courts.''
  His veneration for the Constitution did not cease at the end of his 
judicial career. In 1978, in a speech at the National Archives, Chief 
Justice Burger proposed a 3-year-long observance of the bicentennial of 
the Constitution with the intent of reeducating citizens about the 
founding principles and ideals of this Nation focusing especially on 
young people. He wanted young minds to recognize the Constitution as a 
living document that continues to reflect the philosophies of its 
Framers and contemporary American virtues. Just 8 years later, the 
Chief stepped down from the position of Chief Justice to become 
chairman of the Bicentennial Commission. Under his direction this 5 
year observance became a comprehensive program of activities, including 
projects in schools and colleges, major judicial gatherings, 
publication of books and pamphlets, massive distribution of copies of 
the Constitution, and the creation and preparation of television 
documentaries. He succeeded in giving the Nation a history and civics 
lesson.
  The legacy of the Chief's promotion of civics education can be 
witnessed among the thousands of high school students who participate 
annually in the We the People * * * the Citizen and the Constitution 
Program. This program culminates in a competition where students test 
their knowledge of the founding documents before a panel of 
constitutional scholars. Lincoln High School has attended the national 
finals as State champions from Oregon, since the program's inception in 
1987. This school's winning tradition has twice led them to the 
national title. As I watched Warren congratulating these students from 
Oregon, his devotion to the Constitution and his desire to transmit 
this enthusiasm to the students was evident. It was as if someone had 
given him a shot of adrenalin.
  In the various tributes and salutes done in the publications around 
the country, the human side of Warren Burger is often overlooked. I was 
fortunate to share a personal relationship with the Chief. We had 
similar interests, from our love of history and antiquities to our 
mutual quest for the perfect garden. We were two green thumbs serving 
the public in our civic capacities. Warren was a man of many 
distinctions. Historians will remember him for his professional 
achievements, I will remember him as an admirable colleague and dear 
friend.


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