[Congressional Record Volume 143, Number 109 (Tuesday, July 29, 1997)]
[House]
[Pages H6011-H6017]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CIVIL RIGHTS TRIBUTE TO FORMER SUPREME COURT JUSTICE WILLIAM J.
BRENNAN, JR.
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 7, 1997, the gentlewoman from California [Ms. Waters] is
recognized for 60 minutes.
Ms. WATERS. Mr. Speaker, I rise this evening to begin a special
tribute by the members of the Congressional Black Caucus for the late
Justice William J. Brennan, Jr., one of the most influential and
visionary jurists in our Nation's history.
Before I take time, I would like to yield the first of this hour to
one of the leaders of the Congressional Black Caucus, who immediately
upon the passing of Justice Brennan said it was important for the
Congressional Black Caucus to take this floor and pay tribute to, give
honor to the man who assisted this Nation in our civil rights efforts.
With that, I would like to yield to the gentleman from Florida, [Mr.
Alcee Hastings].
Mr. HASTINGS of Florida. Mr. Speaker, I am deeply grateful to the
chairwoman of the Congressional Black Caucus, the gentlewoman from
California, Ms. Maxine Waters, my good friend, for yielding to me to
begin this special order this evening.
Today, many of us in the Black Caucus and others of our colleagues
here in the House and in the other body had the good fortune to be able
to go the homegoing celebration of Justice Brennan. Because of the
lateness of the hour, a significant number of our colleagues who wanted
to be with us have seen fit to contribute their remarks in the Record,
and they did, in fact, including the gentlewoman from Florida, Mrs.
Meek, and the gentlewomen from Texas, Ms. Eddie Bernice Johnson and Ms.
Jackson-Lee, as three that I know.
Mr. Speaker, I rise today to pay special tribute to the life and
career of former Supreme Court Justice William J. Brennan, a man who,
and I might add I learned today for the first time that that ``J''
stood for Joseph, a man who epitomized the word ``liberal.''
As I stand today, I am kind of propelled by the question, what is a
liberal? Often we hear that here in this body, the question put, what
is a liberal? And we hear it in negative terms when one is identified
in that manner.
As I confront with my colleagues the myriad assaults on the liberal
causes of equality and justice, and the homilist today, the Reverend
John O'Hara, at Saint Matthews Church, at the funeral of Justice
Brennan, cited the fact that not only did he stand for equality and
justice, but he also brought to that civility. These ideas which most
of us in the Black Caucus and many Members of this body have devoted
entire careers pursuing, this question then is obviously of paramount
importance.
What is a liberal? There are a lot of definitions. Let me offer one.
A liberal is someone who is guided by principles of fairness and
equality and civility, even when such principles are unpopular. A
liberal is someone who stands up for justice and fairness regardless of
public opinion. A liberal fights for the rights of individuals, no
matter their social, economic, racial or religious circumstance, and
often because of them.
A liberal believes that the U.S. Constitution was adopted to expand,
not limit, individual freedoms. A liberal would give her or his life to
eliminate all forms of second-class citizenship, understanding that
until all are free, none are free. Justice Brennan was a liberal, Mr.
Speaker.
As a member of the Congressional Black Caucus, a lawyer and a former
judge, I am especially proud to honor this distinguished jurist. It is
apropos that I rise today. Justice Brennan's belief in the ideal of one
person, one vote, and his relentless support of the protection of
voting rights for all Americans directly led to a fairer
reapportionment of congressional districts.
As I look around this body when it is in full bloom, which more
accurately reflects the American people today than it did half a decade
ago, I am reminded of the quote, and I learned today at the funeral
that the Justice had asked the homilist, Reverend O'Hara, to make sure
at his funeral that it be short; and, No. 2, that they play some Latin
songs. I did not know of his fondness, and so I looked up a quote: ``Si
monumentum requires circumspice.'' If you would see his monument, look
around you.
Justice Brennan's monument is all around us in this great country,
and he, through his legacy, has contributed to the diversity of this
great body. In the area of civil rights, Justice Brennan joined the
late Justice Thurgood Marshall, his judicial soulmate, as the court's
most outspoken advocates for affirmative action.
We are about to undertake that debate here. And it would be healthy
if all of our colleagues had had the good fortune to read some of the
1,360 opinions that William Joseph Brennan authored as a member of the
United States Supreme Court.
For example, in United States Steel Workers of America versus Weber,
Justice Brennan wrote that it would be ironic ``if a law triggered by a
Nation's concern over centuries of racial injustice and intended to
improve the lot of those who had been excluded from the American dream
for so long, prohibited all voluntary race-conscious efforts to abolish
racial segregation and hierarchy.''
Justice Brennan understood that we still, in America and in the
world, live as persons infected with various forms of racism and
prejudice. Mr. Speaker, he understood that the only way to remedy the
evils of the past would be to take affirmative action to eliminate its
ugly and devastating impact on those today.
As all of my colleagues in the Black Caucus who come today to pay
tribute to this giant have fought for equality and fairness under the
law, I fought for it along with my colleagues, from the courthouse to
the statehouse and in the U.S. House. I was certainly, as all of our
colleagues are in this Nation, saddened by the departure of Justice
Brennan from the court.
Today, however, I remain encouraged that his legacy of individual
freedom will be evanescent. As someone who had an opportunity to
practice under those decisions, I, for one, am grateful for his legacy.
I must pause briefly, Mr. Speaker, to thank the chairwoman of the
Congressional Black Caucus and the members of the Congressional Black
Caucus for their efforts here this evening to honor Justice Brennan. I
have already pointed to the appropriateness of this special order.
The chairwoman immediately set in motion the request for the Black
Caucus and all our colleagues to have this opportunity to recognize a
giant who helped all Americans. Justice Brennan shared our ideals, our
principles, and our hope for a colorblind society. He shared our vision
for racial equality and social justice and, indeed, civility. He
believed as we do in the supreme dignity of every individual.
We will continue to build upon that vision as we in the Black Caucus
and in Congress fight for the rights of every American, especially the
poor, as Justice Brennan did; the disadvantaged, as Justice Brennan
did; and the mistreated, as Justice Brennan did. As
[[Page H6012]]
long as people are treated unfairly, as long as people sit on death
row, as long as there is one person who deserves another chance or just
a better chance at the American dream, the spirit of William Joseph
Brennan will be with us, and for that we, as a Nation, are in his
eternal debt.
Today, in a magnificent organ recital during the course of the
procession to his place of committal, the Schola from Requiem in
paradisum was ``May the angels lead you into paradise; may the martyrs
receive you, and lead you into the holy city of Jerusalem. May the
choir of angels receive you, and with Lazarus, who was once poor, may
you enjoy eternal rest,'' Justice Brennan.
Ms. WATERS. Mr. Speaker, I would like to take the first portion of my
remarks to thank the gentleman from Florida who so eloquently expressed
our fine appreciation for Justice Brennan. I think it could not have
been done better, and I am delighted that the gentleman from Florida
[Mr. Hastings] saw fit to immediately call me and focus us on the fact
of the death of Justice Brennan, and to say that the Congressional
Black Caucus must indeed take the leadership in paying tribute to this
giant of a human being.
{time} 2030
He said to me, this is important that we take this leadership; and I
immediately understood why. Justice Brennan represented our struggle,
he represented our hope for what America could be and what it should
be. And so, I open this special tribute this evening and I share this
time with other members of the Congressional Black Caucus who are here
and some who have left their statements, and I do so with great pride.
Justice Brennan was laid to rest this afternoon. However, he placed
an indelible mark on many of this Nation's laws. The famous Brennan
decisions serve as the underpinnings and guideposts for the advancement
of civil rights in this Nation. During his 34 years on the United
States Supreme Court, Justice Brennan was described as ``the chief
strategist behind the court's civil rights revolution.''
Justice Brennan was considered a liberal. We heard the gentleman from
Florida [Mr. Hastings] pay tribute to liberalism. How proud I am, also,
this evening to pay tribute to this liberal. Liberals have been
demonized by those who set out to limit the power and the ability of
the poor, to limit the power and the ability of people of color and
people who are powerless, limit the ability of all of these to be
active decisionmakers and participants in this democracy.
This democracy has set forth in the Declaration of Independence,
which states, and I will remind folks as I quote this, we hold these
truths to be self-evident that all men are created equal, that they are
endowed by their Creator with certain inalienable rights, that among
these are life, liberty and the pursuit of happiness.
Justice Brennan was a student of the Constitution and a believer in
the Declaration of Independence. He cherished first amendment rights,
and he acted on his beliefs. He worked hard to construct the arguments
and convince his fellow justices that this could and should be a Nation
that protects the rights of all individuals and groups. He actively
worked to make the Constitution a vibrant living document. He called
the Constitution, and I quote him, ``a sparkling vision of the dignity
of every individual.''
Witness the great Brennan decisions. Baker versus Carr, 1962. This
case allowed Federal courts to hear constitutional challenges to the
way States drew their legislative districts. The case forced
reapportionment of previously discriminatory districts and enforcement
of one-person one-vote principle.
NAACP versus Button, 1963. This case struck down a State law that
prevented civil rights organizations from soliciting plaintiffs for
desegregation cases stating that such restrictions violated the first
amendment right of association. What a great decision.
Do my colleagues understand that literally what the State has said
was we do not care how much someone has been discriminated against, we
do not care how representative this is of wrongs in our society; you
cannot go out and solicit and find them and get them to be a plaintiff.
Thank you, Justice Brennan.
United Steelworkers of America versus. Weber, 1979. This case ruled
that Federal anti-discrimination law does not prevent employers from
adopting voluntary race-conscious affirmative action programs.
Well, we are in a great debate in this Nation about affirmative
action. In a matter of days, perhaps, and certainly if not in a matter
of days, when we come back in September, we will be fighting in the
Brennan way against an attempt to turn this decision on its head. We
will be fighting against a bill that will attempt to do away with all
affirmative action. And it has been branded a civil rights role acting
in just the opposite way that Brennan intended affirmative action to
operate.
Furman versus. Georgia, 1972. This case invalidated State death
penalty laws as cruel and unusual punishment. I know, it is not
political to be against the death penalty. People do not want to run
for office for re-election without trying to make the people believe
that they are absolutely protecting them by supporting the right for a
free people in a democracy to kill in the name of justice.
Well, I suppose the death penalty is riding high now and it is very
unpopular to be against the death penalty. I submit to my colleagues, a
society that attempts to right wrongs by doing worse than the person
they would point to that committed the wrong is a society headed in the
wrong direction. A State, a Nation that kills in the name of justice
will be held accountable for that in so many ways.
Metro Broadcasting versus. Federal Communications Commission, 1990.
This case upheld minority preferences for FCC broadcast licenses. Some
people say, ``Well, what is important about that?'' I will tell you
what is important about that. As we watch attempts now by the rich and
the powerful to buy up everything, radio stations, television stations,
what happens when you have the powerful owning the voices that you hear
on radio and television able to talk to people day in and day out,
expressing certain points of view, without any real opportunity to hear
the minority point of view, to hear the other point of view?
In a democracy, we should never allow monopolies, the rich and the
powerful, to have control of our airwaves, to have control of what our
children hear, to have control of what goes on in every household. It
is one of the most dangerous things that could happen in a democracy.
We live in a democracy where we ought to feel free enough and strong
enough to let everybody say what they need to say. But if minorities do
not have the right to own, do not have the ability to own, do not have
the capital to own, you will shut down the voices oftentimes of
opposition. And so this was a powerful decision.
It is quite clear that Justice Brennan was a rare and talented human
being whose clarity of thought and commitment to justice and equality
guided his work and his vision for America.
Justice Brennan will long be remembered. The legacy of Justice
Brennan will not be lost or simply overturned or forgotten. His work
was too profound, too impeccable, too undeniable. No matter the attack
on liberalism, no matter the winds that blow toward the right, in the
final analysis, the humanity demonstrated by his leadership can stand
tall and strong against the most inhumane attacks, the most intolerant
voices, the most misguided and ignorant in our society who would have
the powerful just trample on the rights of the powerless and the
majority simply ignore the pleas of the minority.
Justice Brennan, you make me so proud to stand here tonight branded a
liberal. It is because of you and the powerful in high places who
served with principled dignity and who continue to serve with
principled dignity that I am able to be here in the hallowed halls of
Congress imploring my colleagues to serve as you served, care as you
cared, and to do as you did, serve all the people all of the time,
upholding the Constitution of the United States of America and fighting
for justice and equality for all.
Mr. Speaker, I yield to the gentleman from New York [Mr. Owens].
Mr. OWENS. Mr. Speaker, I want to congratulate the chairman of the
Congressional Black Caucus and others of
[[Page H6013]]
my colleagues that saw fit to hold this special order as a tribute to
Justice Brennan. His funeral was held today, and I think that the
tributes to him will go on for a long time to come.
I think it is important to note that one of the people who spoke at
his funeral today said that his passing represented an end of the era,
that the era of liberal government and liberal court opinions was over.
I do not agree. I think that one important thing about this tribute is
to hold up and let the general public see in a highly visible manner
what that era was all about through the opinions of Justice Brennan.
Justice Brennan has not really been given due credit for a number of
things that he has accomplished, and many people do not realize the
scope of his opinions. They are very much in harmony with the basic
beliefs of Thomas Jefferson, very much in harmony with the very
dramatic gesture of Abraham Lincoln in setting the slaves free, very
much in harmony with the belief that individuals have certain
inalienable rights.
He struck at the heart of an attempt to corrupt that process by
refusing to go along with the States' attempt to cling to power for
rural areas, unpopulated or slightly populated areas, and use the
compromise that had been made at the time of the founding of our own
Constitution.
Our Constitution is based on a compromise. We had a Senate and House
of Representatives, the House of Representatives based on population
and the Senate was a compromise. That body established that any State,
no matter how small the State was or what the population of it was, any
State would have two Members. And State legislatures were using that
kind of reasoning to justify various formulas for holding on to power
without a one-man, one-vote situation.
And of course, Justice Brennan, kind of late in the life of our
Nation, I think it was 1966, that late in the history of the Nation, he
applied the common sense of the Constitution that if we are really
equal, then we cannot allow a situation to be perpetuated at the State
level where the balance of power was maintained by a minority through
this kind of playing with the notion that we could have two Houses and
State legislature and one could not follow the rule of one man, one
vote in terms of population.
So he had the guts to deal with it in 1966. And somehow no one has
bothered to challenge it since then. The power of the common sense of
it, the harmony of it with the thinking of the Founders and the whole
thrust of our Constitution was so great, that has not been challenged.
The one-man, one-vote theory definitely is there and in place.
There is another very fundamental decision that he made which very
few people have talked about and very few people may even know that he
had anything to do with it, but I think it is very much indicative and
relevant of our present era, where we tend to put people down. All men
are created equal. All Americans are equal. But, somehow, lately we
have been looking at welfare recipients or poor people, or people who
have not made it, as not being exactly equal. And there is a raging
debate right now about WEP workers, people who are on welfare, people
who must go to work in order to work off their welfare grants, them not
being equal enough to be able to have representation. They cannot have
an organization and that organization talk to the people in Government
who put them to work. They cannot have an organization which says we
need gloves if we are out in the park picking up all kinds of trash and
we need some kind of gear on our heads if we are out there in the sun
or we need some brightly colored jackets if we were working in areas
where the trash is heavy, we need the same things other workers need.
{time} 2045
Nobody can even have a conversation in the New York WEP program
because they are not allowed to organize and they are not allowed to
have spokespersons, because, after all, they are not protected by the
labor laws. We just had a fight here on the floor, not on the floor but
we had a fight here via negotiations, where an attempt has been made to
take away the protection of the Fair Labor Standards Act and take away
the minimum wage, or any of the things in our labor law which applies
to workers is going to be denied to welfare workers who have to go to
work. We have just beaten that back temporarily. I understand it is
taken out of the budget bill and the tax package that we will be voting
on in a few days.
But it is very interesting that Brennan ruled, in a case which has
not been that celebrated, he ruled that if you are going to take away
the welfare benefits from somebody, you have got to give them a
hearing. That is not known. In 1970, as late as 1970, an opinion for
the court in Goldberg versus Kelly, a case little known by the general
public. In that case he declared that it was a violation of the 14th
Amendment guarantee of due process of law for a State to cut off a
welfare recipient's benefits without a hearing. Something as simple as
a hearing, an individual deserved.
As a prescription for governmental behavior, the holding in Goldberg
versus Kelly appeared modest enough, but the opinion proved to be a
watershed of constitutional interpretation, a key building block to
what came to be known as the due process revolution. A series of
decisions that followed erected a constitutional shield for the
ordinary citizen against the arbitrary or standard misuse of
governmental power in many contexts.
In 1987, in a New York speech which he entitled ``Reason, Passion and
the Progress of the Law,'' Brennan talked about the importance of a
simple requirement that government officials meet a citizen face-to-
face before taking adverse action. I end with this quote by Justice
Brennan:
``Due process asks whether government has treated someone fairly,
whether the individual's dignity has been honored, whether the worth of
an individual has been acknowledged. If due process values are to be
preserved in the bureaucratic state of the late 20th century, it may be
essential that officials possess passion: The passion that puts them in
touch with the dreams and disappointments of those with whom they deal,
the passion that understands a pulse of life beneath the official
version of events.''
His opinion in Goldberg versus Kelly, he said, can be seen as
injecting passion into a system whose abstract rationality had led it
astray, and he applied those same principles to the death penalty. To
the very end he was opposed to the death penalty because that
individual on death row also deserved the same kind of passion, the
same kind of interaction with society as a whole, as an individual who
deserved equal treatment.
Ms. WATERS. Mr. Speaker, I yield to the gentleman from Illinois [Mr.
Davis].
Mr. DAVIS of Illinois. Mr. Speaker, first of all let me commend and
congratulate the gentlewoman from California, chairperson of the
Congressional Black Caucus, and the gentleman from Florida [Mr.
Hastings] for putting together this tribute. I rise today and join with
my colleagues to pay tribute to one of this Nation's finest justices,
one who has a progressive reputation and one who has demonstrated that
you can be relevant and you can hold true.
Justice Brennan departed this life Thursday, July 24, at the age of
91. While he may have physically departed, he leaves a legacy that will
endure for generations to come. Through his personal and professional
life, Justice Brennan effected change and affected the lives of people
in a real way. Justice Brennan was an ordinary man who possessed
extraordinary courage, tenacity, and perseverance.
He was appointed to the Supreme Court in 1956 by then President
Dwight Eisenhower. At the time of his appointment, America was engulfed
with the question of what to do about civil rights and equal rights for
blacks, Hispanics, women and other minorities. He dared to be different
despite the dictates of the times. In his daring to be different, he
lifted the lots of poor people, minorities, and the disenfranchised. He
challenged the Constitution to live up to its ideals of equality and
justice for all people.
He saw the law not as an abstraction but as a weapon to protect
individual liberties. In speeches he often urged State courts to thrust
themselves into a position of prominence in the struggle to protect
people of our Nation from government intrusions on their individual
freedoms.
[[Page H6014]]
In his 34-year tenure on the Supreme Court, he wrote more than 1,300
opinions which helped to significantly change the landscape of
constitutional law. Some of his legendary opinions include Baker versus
Carr, the landmark 1962 opinion that opened the doors to
reapportionment of legislatures and congressional districts under
strict one person, one vote standards. This decision reshaped politics
and broadened participation in democracy. In 1964 he authored New York
Times versus Sullivan, which enhanced First Amendment protections for
press critics of public officials. And in 1970 he authored Goldberg
versus Kelly, which required States to give welfare recipients notice
and a right to a hearing before their welfare benefits could be cut.
Justice Brennan was a strong advocate of affirmative action and equal
participation for everyone in America. Although he went to one of the
elite schools of America, he was a very common, caring, sensitive,
down-to-earth man of reason. His life was an embodiment of love,
liberty and law. He was a champion of the underdog. He saw beyond Jim
Crow segregation, discrimination, and saw an America that could live up
to its promises of equal justice under the law. His ability to build
consensus and help safeguard freedom broadened the circle of equality
for every single American.
And so it is indeed my pleasure to join with all of my distinguished
colleagues who have already so eloquently stated the case that when it
comes to equality, justice, and the fight for freedom, no man, no woman
could be Justice Brennan's peer.
Ms. WATERS. Mr. Speaker, I yield to the gentleman from New Jersey
[Mr. Payne].
Mr. PAYNE. Mr. Speaker, let me first of all thank the chairlady of
the Congressional Black Caucus, keeping the theme of the Caucus since
its inception, the conscience of the Congress, to call this special
order, this special program tonight after the call from our former
distinguished Federal jurist, the gentleman from Florida [Mr. Hastings]
who in his judicial thinking immediately responded by requesting that
this special order be held, and for him we are very thankful.
We are here tonight to celebrate the life of William Joseph Brennan,
Jr. Last Thursday, Mr. Speaker, this country lost a bold and spirited
champion of civil liberties. The city of Newark, NJ lost a warm and
generous son. Justice William Joseph Brennan, Jr. stands today as one
of the most beloved and respected jurists ever to sit on the high court
in this Nation. As the great Chief Justice Earl Warren once remarked,
``In the entire history of the court, it would be difficult to name
another justice who wrote more important opinions.''
I was deeply moved this morning at St. Matthew's Church here in
Washington where the funeral services were conducted for Justice
Brennan and there were very moving tributes by the President of the
United States, Justice Douglas, Justice Souter, William Brennan III,
other members of the clergy and his family. Yet this prodigious man
whom we laid to rest today at Arlington Cemetery traced his childhood
roots back to a simple 3-family house in the Vailsburg section of my
hometown of Newark, NJ.
Born on April 25, 1906, William Brennan grew up, one of eight
children, in a large Irish-Catholic family. His father William Sr.
shoveled coal at the old Ballentine Brewery, a place I knew well, Mr.
Speaker, as I would later work there myself in that factory where many
of the working families of Newark had the privilege to work.
William Sr. worked at the brewery until 1917 when he was chosen as
the union representative for all of the workers at the brewery, giving
William Sr. an early start in city politics.
As a young boy, young William Jr. lived on Parker Street which as he
later described in the Newark Star-Ledger divided the people of means
in the neighborhood. With Park Avenue on one side, the big money, he
said, was on the other side of Bloomfield Avenue, he recalled. I also
lived close to him in the North Ward on that other side of the dividing
line.
While his father worked at the brewery, William Jr. attended the
Alexander Street Elementary School and then went on to Barringer High
School, the same high school that I attended many years later. We heard
of Justice Brennan, at that time an outstanding lawyer, as one of the
outstanding graduates of our high school. While he was in high school,
he worked many odd jobs, worked on weekends to help his father make
ends meet for a family of many mouths and little money.
After graduating from the Wharton School of Business and the Harvard
Law School, the future justice returned home to Newark in the midst of
the depression to practice labor law at the forerunner of what is now
one of New Jersey's oldest law firms, Pitney, Harden & Skinner. He
helped in the process of creating a new constitution for the State of
New Jersey in 1948 and a year later was named to the State Superior
Court.
In 1952 our Republican Governor, at that time Alfred Driscoll
appointed him to the State Supreme Court where he sat with the famed
Arthur Vanderbilt. Finally, in 1956, another Republican, this time
President Dwight D. Eisenhower, selected William Brennan, Jr. to sit on
the Supreme Court of the United States.
The city of Newark, while it feels a deep sense of loss today at the
departing of a beloved native, also feels a great sense of pride at the
monumental achievements of this man who never forgot his roots. Over 34
years and through eight successive Presidents, Justice Brennan stood as
a voice for those without a voice of their own on the highest tribunal
of justice in this land. He believed in interpreting the Constitution
as a living charter of human rights, dignity, and self-determination,
and thus he believed that it was precisely the most vulnerable,
forgotten and castoffs within our society for which its protections
were designed. He reshaped the contours of American constitutional law
by time and time again forging new consensus on the court in defense of
minorities, immigrants, death row inmates, political protesters and the
poor. His decision in Baker versus Carr as we have heard already
established Federal constitutional jurisdictions over legislative
apportionment, helping to establish the principle of ``one person, one
vote'' and countermanding the process that had traditionally led to
discriminatory racial gerrymandering in the drawing of electoral
districts. Today we have 38 Members of the House of Representatives as
a result of Justice Brennan in those early days.
{time} 2100
His decision in New York Times versus Sullivan defended the right of
the NAACP to criticize southern segregationists and established a
standard of uninhibited, robust and wide open debate in the American
body politic.
Finally, before a shift in the composition of the Court overturned
it, his decision in Furman versus Georgia initiated a 4-year moratorium
on the imposition of the death penalty in America, ruling that capital
punishment simply did not comport with human dignity.
The life of Justice William Brennan, Mr. Speaker, will long stand as
a profound testament to the power of well-articulated thoughts and
ideas to ally the forces of reason behind the passions of the human
heart and thereby to change forever the course of society. But his
career also reminds us, as the framers of the Constitution warned, that
the cost of liberty is a struggle of eternal vigilance.
Even in his lifetime Justice Brennan saw many of his important
achievements rolled back by an increasing conservative majority on the
Supreme Court, a majority that underestimates the need for vigilance in
the defense of liberty. ``We do not yet have justice for all who do not
partake in the abundance of American life,'' wrote the late justice.
Just this past year we are still striving towards that goal and
doubtless it will be an eternal quest. Therefore, Mr. Speaker, as we
celebrate the life of a great man and grieving his passing, let us
realize his quest as our quest and push America always onwards toward
the realization of the most noble promise of liberty and human dignity.
Ms. WATERS. Mr. Speaker, I yield to the gentleman from Illinois [Mr.
Rush].
Mr. RUSH. Mr. Speaker, first of all, I want to thank the chairwoman
of the Congressional Black Caucus for yet another example of her
sterling and illuminating leadership, her commitment
[[Page H6015]]
to the cause of freedom, justice and equality here in America, and let
me also extend my thanks to the gentleman from Florida [Mr. Hastings],
whose spirit and whose words today certainly pay tribute in a most
eloquent way to Justice Brennan. The gentleman from Florida [Mr.
Hastings] certainly embodies the spirit of Justice Brennan, and I say
thank you for this special order.
I rise today to pay tribute to the late William Joseph Brennan, Jr.,
former Supreme Court Justice. Mr. Justice Brennan's progressive voice
was heard for 34 years on the Court, spanning eight Presidential
administrations. He was widely recognized as a chief strategist behind
the Court's civil rights revolution. Most, if not all, Americans have
been touched by the legacy of Justice Brennan's rulings.
His vision was that the essential meaning of the Constitution was not
found in the past but in the current everyday life of America. He
championed human rights, he championed individual rights beyond what
was spelled out in the text of the Constitution. He called the
Constitution, ``a sparkling vision of the supreme dignity of every
individual.'' I repeat: ``a sparkling vision of the supreme dignity of
every individual.'' He used it as a tool for social justice and racial
equality.
Justice Brennan's litmus test for offering legal protection was
simple. His litmus test was whether the bill of rights explicitly
prevented him from doing so. My, my, what a simple yet profound litmus
test.
He always favored the individual and put the burden on the Government
to show that something in the Constitution disallowed protection.
Justice Brennan and his friend, colleague, and as mentioned earlier,
judicial soul mate, Justice Thurgood Marshall, were often outvoted, and
they were usually on the defensive. Though he was frequently in
dissent, his role on the Court transcended that of a defender of the
liberal faith. Term after term he defied the odds in his ability to
pull together majorities, though often narrow majorities, for
sustaining or even advancing the principles in which he so strongly
believed.
In civil rights cases Justice Brennan's decisions enforced schools'
desegregation plans, upheld affirmative action programs designed to
help minorities overcome past discrimination and sought to ensure
constitutional equality for women. Additionally, his rulings
established rights for welfare recipients and illegal aliens and
created the one-man, one-vote rule for representation in voting
districts which is indeed a landmark opinion which, as stated earlier,
opened the doors for so many to be seated in this Chamber today.
My predecessor, former Congressman from the first district of
Illinois, former appeals judge and former White House Counsel, Abner
Mikva, defined what he called a Brennaness as one who influences his
colleagues beyond measure. A Brennaness is one who influences his
colleagues beyond measure.
His ability to bridge differences through good will distinguished
Justice Brennan's career on the high Court. Justice Brennan had an
unmatched ability to build a consensus. His knack for compromise and
his ability to hold legal decisions that were acceptable to his
colleagues regardless of their judicial philosophies was and is his
legacy.
Although he never served as Chief Justice, Justice Brennan was a
pivotal force in his three plus decades on the Court. He authored
milestone opinions and was a prime mover behind many others. When he
did not prevail, his voice in dissent was strong and illuminating.
Justice William J. Brennan, Jr., should be and will be remembered for
the enduring constitutional principles he so fervently championed
during his three plus decades on the U.S. Supreme Court.
Again, Mr. Speaker, I am honored, privileged and pleased to be a part
of this special order honoring our friend, our champion, the former
Supreme Court Justice William Joseph Brennan, Jr., and again I thank my
colleagues.
Ms. WATERS. I yield to the gentleman from Florida [Mr. Hastings] to
enter something into the Record.
Mr. HASTINGS of Florida. I thank the gentlewoman, and I ask that at
the appropriate stage the Mass of Christian Burial of Justice Brennan
be included in the Record.
That said, I would like to thank the gentlewoman and all of our
colleagues, those who are here and those who entered their written
words into the Record commemorating this great justice.
I said earlier that it was important that we take at least from the
program the presidium that was offered, and I read it.
At the beginning of today's funeral for Justice Brennan the Ludwig
van Beethoven tune ``Ode to Joy'' was sung in the entirety of its four
refrains. Because of the lateness of the hour I wish to commend to all
who are listening the final of the refrains.
Mortals join the mighty chorus, Which the morning stars
began;
God's own love is reigning o'er us, Joining people hand in
hand.
Ever singing, march we onward, Victors in the midst of
strife;
Joyful music leads us sunward, In the triumph song of life
This gentleman sang a mighty tune for all of us.
Ms. WATERS. Mr. Speaker, I would like to thank all of the members of
the Congressional Black Caucus who are here this evening and those who
submitted statements for the Record.
I again would like to thank the gentleman from Florida, Congressman
Hastings for his foresight and his vision and helping to get us all
here to make sure we do what we must do.
There are those who will look at us and say, ``So they are there
celebrating this liberal justice and I guess they must all be
liberals.'' And sometimes, because again liberals have been demonized,
people do not know what a liberal is. They do not look behind the label
to try and discover the philosophy of those of us who come to this
House and implore our colleagues to do the right thing by all human
beings.
We are a people whose people were brought to these shores in slavery.
We are a people whose ancestors were tarred and feathered and hung
without a court. We were a people whose ancestors did not have an
opportunity to offer a defense, no one to speak up. We are a people who
were not able to access jobs and opportunities.
Our history is such that we have to have champions, and they came
from many directions. Of course, everybody knows of the great histories
of the African Americans who fought and died. Many people do not know
the great histories of those who were not African Americans, such as
Justice Brennan, who joined us in this struggle for justice, equality
and freedom. They do not know that he was driven by the ideals embodied
in the Constitution and the Declaration of Independence, those great
documents that helped to drive a people to these shores seeking justice
and freedom from the mother land of Great Britain.
And so when we take to the floor to honor him and to praise him, we
cannot be anything but liberal in thought, liberal in philosophy. It is
that kind of philosophy and thinking that have gotten us and our people
to this point in history.
We wish it was all over and we did not need to have to struggle. We
wish we did not have to sit here and stand here and wish that we could
get some more Justice Brennans on the Court. We wish we did not have to
be worried about a Canady bill. We wish we did not have to be worried
about some of those who sit on the Supreme Court today. But we must,
and what must be understood, because of who we are, from whence we
came, because of our love for freedom, our love for justice and
equality, we will not go away. We will be fighters and struggling in
this cause for as long as we breathe.
If someone else said ``You don't have to do this; we'll pay you not
to do this; we'll give you all the riches in the world if you would
just shut up,'' we could not do it if we wanted to.
Thank you, Justice Brennan, for joining with the many who love this
country, who love those great documents that have held us in good
stead. We honor you this evening and we do it proudly. Thank you for
being a liberal.
Mass of Christian Burial--The Honorable William Joseph Brennan, Jr.,
April 25, 1906--July 24, 1997
(Tuesday, July 29, 1997, Cathedral of Saint Matthew the Apostle,
Washington, DC)
Faith in Ordinary People
``The Dream though old is never old, like the Poor Old
Woman in Yeats' play Cathleen Ni Hoolihan:
[[Page H6016]]
`` `Did you see an old woman going down the path?' asks
Bridget. `No, I did not;' replies Patrick, who had just
arrived after the old woman left. `But I saw a young girl' he
said, `and she had the walk of a queen.' ''--The Honorable
William Joseph Brennan, Jr.
Ministers of the Liturgy
Reverend Milton E. Jordan: Principal Celebrant.
Reverend John T. O'Hara: Homilist.
Reverend Monsignor W. Ronald Jameson: Rector of the
Cathedral.
Priests of the Cathedral, Visiting Priests: Concelebrants.
Reverend Mr. Ulysses S. Rice, Reverend Mr. Lawrence C.
Gordon, Reverend Mr. Bart Merella: Deacons.
Reverend James D. Watkins, Reverend Charles V. Antonicelli:
Masters of Ceremonies.
Associate Justices of the Supreme Court of the United
States: Honorary Pallbearers.
Law Clerks to Justice Brennan: Richard Arnold, Owen Fiss,
Merrick Garland, John McInespie, Daniel O'Hern, Daniel
Rezneck, E. Joshua Rosenkranz, Clyde Szuch, Paul Washington:
Pallbearers.
Hugh Brennan, Nancy Brennan: Lectors.
William Joseph Brennan IV: Reader of the Intercessions.
Mary Anne Gaffney, Constance Phelps: Giftbearers.
Extraordinary Ministers of the Eucharist of the Cathedral.
Seminarians of the Archdiocese of Washington, Altar Servers
of the Cathedral: Servers.
Ushers of the Cathedral: Ministers of Hospitality.
Jay R. Rader, Cathedral Organist, Conductor; Jennifer
Muller, Cantor; Ann Kramschuster, Assistant Organist; Members
of the Cathedral of Saint Matthew the Apostle Chorale:
Ministers of Music.
The Order of Celebration
Prelude
Jesu dulcis memoria (Jesus, the sweet thought of you)--
Tomas Luis de Victoria.
O taste and see.--Ralph Vaughan Williams.
Entrance Procession
Joyful, Joyful, We Adore You.--Henry Van Dyke; Ludwig van
Beethoven; Tune: Ode to Joy:
Joyful, joyful, we adore you, God of glory, Lord of love;
Hearts unfold like flowers before you, Opening to the sun
above.
Melt the clouds of sin and sadness; Drive the dark of doubt
away;
Giver of immortal gladness, Fill us with the light of day!
All your works with joy surround you, Earth and heav'n
reflect your rays,
Stars and angels sing around you, Center of unbroken praise;
Field and forest, vale and mountain, Flowery meadow, flashing
sea,
Chanting bird and flowing fountain, Praising you eternally!
Always giving and forgiving, Ever blessing, ever blest,
Wellspring of the joy of living, Ocean depth of happy rest!
Loving Father, Christ our brother, Let your light upon us
shine;
Teach us how to love each other, Lift us to the joy divine.
Mortals join the mighty chorus, Which the morning stars
began;
God's own love is reigning o'er us, Joining people hand in
hand.
Ever singing, march we onward, Victors in the midst of
strife;
Joyful music leads us sunward In the triumph song of life.
Introductory Rites
Greeting and Sprinkling with Holy Water.
Opening Prayer.
Liturgy of the Word
First Reading
Responsorial Psalm
General Intercessions
Liturgy of the Eucharist
Preparation of the Altar and the Gifts
Preface Acclamation
Memorial Acclamation
Great Amen
From Mass of Creation by Marty Haugen.
Communion Rite
Lord's Prayer
Sign of Peace
Breaking of the Bread
Agnus Dei
Music During the Communion Procession
How lovely is thy dwelling place--from Requiem by Johannes
Brahms.
Prayer After Communion
Eulogies
final commendation
Invitation to Prayer
Song of Farewell: Come to His Aid--Dennis C. Smolarski,
S.J., Louis Bourgeois; Tune: Old Hundredth.
Come to his aid, O saints of God;
Come, meet him, angels of the Lord.
Receive his soul, O holy ones;
Present him now to God, Most High.
May Christ, who called you, take you home,
And angels lead you to Abraham.
Receive his soul, O holy ones;
Present him now to God, Most High.
Give hime eternal rest, O Lord.
May light unending shine on him.
Receive him now, O holy ones;
Present him now to God, Most High.
I know that my Redeemer lives;
The last day I shall rise again.
Receive him now, O holy ones;
Present him now to God, Most High.
Prayer of Commendation
Procession to the Place of Committal
In paradisum--from Requiem by Gabriel Faure.
May the Angels lead you into paradise;
may the martyrs receive you,
and lead you into the holy city of Jerusalem.
May the choir of Angels receive you,
and with Lazarus, who was once poor,
may you enjoy eternal rest.
Postlude
Carillon--Louis Vierne.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise this evening to express
my deepest regrets for the loss of a legal giant. Supreme Court Justice
William J. Brennan, Jr. His life, and his legacy of tireless public
service, are forever encapsulated in the brilliant discourse of his
many seminal legal opinions. Justice Brennan's opinions were penned
with the keen mind of a social framer, a man dedicated to the
proposition of crafting a better society for all, that would be shaped
faithfully by the strokes of justice. Brennan was appointed to the
Supreme Court by President Eisenhower in 1956, and with such, Justice
Brennan began an unprecedented judicial record of unwavering liberal
activism.
From Baker v. Carr, 369 U.S. 186 (1962), the case that forever placed
the concept of ``one man (person), one vote'' in the psyche of American
popular culture. To the unfailing standard for all cases testing the
tort of defamation, New York Times v. Sullivan, 376 U.S. 254 (1964),
Justice Brennan, did not simply help to shape the laws that govern our
lives, but rather he formatively shaped the lives of the people
affected by the law. New York versus Sullivan, at its time, was a
hotbed of political controversy about a young, African-American
minister in the South named Martin Luther King, Jr., and how his
followers were trying to combat social injustice in the press through
the criticism of prejudiced public officials. Brennan's opinion did not
simply protect people from frivolous defamatory suits, but it helped to
protect a delicate social movement, driven by the desire to establish
the equal rights and treatment of all Americans without exception.
Baker versus Carr, a case which contains another seminal Brennan
opinion, is no different in this regard. The case also asserted the
necessity of individual liberty operating in equilibrium with social
equality at a critical time in our history. These were the kind of
decisions that could have caused a lesser man or woman to shrink before
the awesome possibilities and implications that a case like this could
hold for our Nation and its unresolved future. But Brennan, in these
times, was our solid rock, the indefatigable defender of American
liberty. It was for these reasons that Lawrence Tribe of the Harvard
Law School called Brennan, ``The Chief architect of the Federal
judiciary's protection of individual rights.''
Although like Thurgood Marshal, many of us remember that his final
years on the Court were filled with a acerbic dissents, only time
itself will truly allow us all to appreciate this great man and the
magnitude of his social contribution. But let me be one of the first to
say, as an African-American, as a woman, as an American, thank you,
Justice Brennan, thank you for all of us. You are one of the few that
it can be said about, that your life made the world, particularly this
country, a better place to live in.
Mrs. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise today to ask
my colleagues to remember and reflect upon the life of a great leader.
His faithful service to the judicial system and to our Nation's
citizens benefited the lives of those he came in contact with and the
Americans that were affected by his landmark decision makings. He
played a pivotal role in the Brown versus Board of Education bringing
an end to the falsely named separate but equal political and economic
status for African-Americans. I speak of none other than the Honorable
Justice William J. Brennan, a man who secured his place in the pantheon
of this Nation's greatest Supreme Court Justices.
Overcoming the stigma and prejudice that came with being born to an
immigrant family, Justice Brennan began his service to the community as
a humble laborer. Through hard work and perseverance he became an
influential labor leader and the city commissioner of public safety.
After graduating in 1931 from Harvard Law School, he began practicing
law in Newark, NJ, before being named to the State's judiciary system.
His excellence and commitment to justice placed him on the New Jersey
Supreme Court, where he faithfully served before being nominated to the
Supreme Court by President Eisenhower.
Those who knew Justice Brennan admired him as a man of great
principle and an unwavering commitment to the welfare of all citizens,
regardless of race, creed, gender or economic
[[Page H6017]]
status. His legal theories and writings provided the foundation for the
most progressive aspects of our present-day legal system. He will be
remembered as a man whose sole responsibility was defending the rights
of all individuals, including the poor, the disenfranchised and the
vulnerable. Justice Brennan fought for the rights of those individuals
who did not have a voice in the legal system, and who were subject to
inequitable treatment in our country's courts.
I am deeply grateful to Justice Brennan for his years of hard work
and struggle, particularly during his latter years on the Supreme Court
when his voice was one of the few that cried out against reactionary
judicial activism. Justice Brennan's legacy is epitomized by the
Frederick Douglass quote, ``Without struggle there is no progress.''
Thanks to the dedication of Justice Brennan to truth and justice, we
are making progress in perfecting our system of justice and individuals
are realizing something that is rightfully theirs--justice. Goodbye and
God speed, Justice Brennan.
Mrs. MEEK of Florida. Mr. Speaker, Justice Brennan served on the
Supreme Court for 34 years, from 1956 through 1990. By the general
public he is remembered for his concern in protecting the rights of
individuals who were not powerful. I will speak of that in a moment.
But first I want to speak about him as a person.
I never met the Justice, but I think I would have liked him as a
person. Let me give you one anecdote about him as a person. His office
had a manual, and one item in the manual concerned the Justice's
coffee. It said that every morning one clerk should prepare a cup of
decaffeinated coffee with no milk or sugar and give it to him at 9 a.m.
Every day he would say ``wonderful.'' One day the office coffee machine
broke, and so the Justice and his clerks went to the cafeteria to get
morning coffee. The Justice poured himself a cup of caffeinated coffee
and put milk and sugar in it. His clerks said they thought he liked his
coffee decaf black with no sugar. And he replied, ``no. I always take
it this way.'' He had never told anyone in his office for more than 8
years about how he really wanted his coffee.
His decisions were controversial when he wrote them. Now they are
accepted as being obvious. Look at just two of them.
In 1962, in Baker versus Carr, he changed the political landscape by
declaring that Federal courts could review State legislative decisions
on the boundaries of legislative districts so that everyone's vote
would get equal weight in the legislative process.
Look at the facts as presented in that case. Since 1901 the Tennessee
legislature had rejected every legislative attempt to change the
boundaries of its own legislative districts. During that 60-year period
Tennessee's population had grown and its distribution among the
counties had shifted.
In 1946 the Supreme Court had decided, in Colegrove versus Green,
that Federal courts should not enter the ``political thicket.'' So the
lower Federal court told the Tennessee plaintiffs that the Federal
courts could not help them.
Justice Brennan persuaded six of his colleagues that the lower
Federal court was wrong to throw out this particular case. He said that
the failure to adjust the Tennessee political boundaries to reflect the
changes in population since 1901 violated the equal protection clause
of the 14th amendment.
We know that the rich and powerful have their interests amply
represented in the legislative process. All that the poor have is their
vote. Letting the legislature set the boundaries for its own districts,
without anyone looking over their shoulder, perpetuated the balance of
political power from long ago.
Let me turn now to the second example of his concern for those
without political power. In 1970, in Goldberg versus Kelly, his opinion
for the Supreme Court held that welfare beneficiaries could not lose
their benefits without first getting both a notice telling them why
they would lose their benefits and a hearing where they could present
their side of the conflict.
This city is full of lawyers and lobbyists who make sure that no
wealthy person or corporation loses his Federal benefits without first
being able to present his case--even if that takes years of litigation.
Justice Brennan merely said that poor people should have some of the
same rights as the wealthy. Yet back in 1970 this notion was so new
that he could only persuade four of his colleagues--a bare majority of
the Supreme Court.
In conclusion, Mr. Speaker, these two decisions were, when they were
made, controversial. But now we realize that they improved the quality
of life for ordinary people, and the Nation did not come apart. In
fact, the Nation is stronger because of Justice Brennan's having served
this country.
Mrs. CLAYTON. Mr. Speaker, last week, this Nation suffered a great
loss.
And because of that loss, those who favor freedom and believe in
individual rights and civil rights will not soon recover.
However, while we lament the loss of Justice William Brennan, Jr., we
also rejoice in his life--a life during which he spent more than three
decades on the United States Supreme Court.
This son of Irish-Catholic immigrants, Justice Brennan worked as a
waiter to pay for his last year of law school.
Born of modest means, he refused to accept mediocrity. He had hopes
and dreams. He had goals. He had vision. He dared to be different and
determined to make a difference.
His classmates at a Newark, NJ, public school complained that because
he took home so many of the academic awards, there were none left for
others.
His zeal for learning and his zest for excellence carried him through
college--the University of Pennsylvania--and Harvard Law School, and
those qualities characterized his entire legal career.
But, despite his Ivy League education, he never lost touch with the
average person.
To him, every ordinary person was special, and every special person
was ordinary.
Perhaps it was because his father once worked as a coalheaver in the
brewery, or because matters of concern to labor were central to his
upbringing, but Mr. Justice Brennan had a way with words that gave life
and meaning to the Constitution of the United States.
It was Brennan who authored the important and far-reaching decision
in the case of Goldberg versus Kelly, the welfare reform mandate of the
1970's.
Congress can learn much from that 30-year-old decision.
In Goldberg, the Court rules that even those on welfare were entitled
to due process rights--even those on welfare had the same
Constitutional protections as everybody else.
We could have used Brennan's wisdom and insight when we considered
welfare reform.
He also wrote the Court's opinion in Johnson versus Transportation
Agency, a decision that brilliantly outlined the need and value of
affirmative action.
But, I remember him most for the case of Baker versus Carr.
In North Carolina, my State, some argued to the Court where Brennan
spent much of his adult life that the very document that gives us
rights--the United States Constitution--somehow takes those rights
away.
Sometimes, Mr. Speaker, I wonder, what the Court would do with the
redistricting cases if it still had the magnetism, the persuasiveness,
the foresight, the imagination, the ability to see beyond what is
immediately in front, that Mr. Justice Brennan, the author of the
principle of one person, one vote had.
I wonder what the state of Federal elections would be today if the
Supreme Court still had among its Justices, the very man who believed
and convinced a majority of others, that traditional practices must
give way to individual principles.
Mr. Speaker, Mr. Justice Brennan distinguished himself as a jurist,
making his mark in many places, leaving his permanent imprint on the
sands of time.
Tirelessly, he was a role model for role models, and a champion for
all.
He has left us, but I believe he has gone to another place, not to
quit, but to fight another fight, to write another opinion, to run
another race.
Mr. Justice Brennan, we will miss you, but, we know you will not be
far away. Your written opinions, like the philosophy shared with you by
your father, will one day inspire another Justice of your fabric, of
your intellect, of your quality.
____________________