[Congressional Record Volume 154, Number 115 (Monday, July 14, 2008)]
[House]
[Pages H6428-H6432]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    HONORING THURGOOD MARSHALL ON THE 100TH ANNIVERSARY OF HIS BIRTH

  Mr. SCHIFF. Mr. Speaker, I move to suspend the rules and agree to the 
concurrent resolution (H. Con. Res. 381) honoring and recognizing the 
dedication and achievements of Thurgood Marshall on the 100th 
anniversary of his birth.
  The Clerk read the title of the concurrent resolution.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 381

       Whereas Thurgood Marshall was born in Baltimore, Maryland, 
     on July 2, 1908, the grandson of a slave;
       Whereas Thurgood Marshall developed an interest in the 
     Constitution and the rule of law in his youth;
       Whereas Thurgood Marshall graduated from Lincoln University 
     in Pennsylvania with honors in 1930, but was denied 
     acceptance at the all-white University of Maryland Law School 
     because he was African-American;
       Whereas Thurgood Marshall attended law school at Howard 
     University, the country's most prominent black university, 
     and graduated first in his class in 1933;
       Whereas Thurgood Marshall served as the legal director of 
     the National Association for the Advancement of Colored 
     People (NAACP) from 1940 to 1961;
       Whereas Thurgood Marshall argued 32 cases before the 
     Supreme Court of the United States, beginning with the case 
     of Chambers v. Florida in 1940, and won 29 of them, earning 
     more victories in the Supreme Court than any other 
     individual;
       Whereas, as Chief Counsel of the NAACP, Thurgood Marshall 
     fought to abolish segregation in schools and challenged laws 
     that discriminated against African-Americans;
       Whereas Thurgood Marshall argued Brown v. Board of 
     Education before the Supreme Court in 1954, which resulted in 
     the famous decision declaring racial segregation in public 
     schools unconstitutional, overturning the 1896 decision in 
     Plessy v. Ferguson;
       Whereas Thurgood Marshall was nominated to the United 
     States Court of Appeals for the Second Circuit by President 
     John F. Kennedy in 1961, and was confirmed by the United 
     States Senate in spite of heavy opposition from many Southern 
     Senators;
       Whereas Thurgood Marshall served on the United States Court 
     of Appeals for the Second Circuit from 1961 to 1965, during 
     which time he wrote 112 opinions, none of which were 
     overturned on appeal;
       Whereas Thurgood Marshall was nominated as Solicitor 
     General of the United States by President Lyndon Johnson, and 
     served as the first African-American Solicitor General from 
     1965 to 1967;
       Whereas Thurgood Marshall was nominated as an Associate 
     Justice of the Supreme Court by President Johnson in 1967, 
     and served as the first African-American member of the 
     Supreme Court;
       Whereas Thurgood Marshall sought to protect the rights of 
     all Americans during his 24 years as a justice on the Supreme 
     Court;
       Whereas Thurgood Marshall was honored with the Liberty 
     Medal in 1992, in recognition of his long history of 
     protecting the rights of women, children, prisoners, and the 
     homeless; and
       Whereas Thurgood Marshall died on January 24, 1993, at the 
     age of 84: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That Congress--
       (1) honors the dedication and achievements of Thurgood 
     Marshall;
       (2) recognizes the contributions of Thurgood Marshall to 
     the struggle for equal rights and justice in the United 
     States; and
       (3) celebrates the lifetime achievements of Thurgood 
     Marshall on the 100th anniversary of his birth.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Schiff) and the gentleman from Texas (Mr. Gohmert) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. SCHIFF. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and to 
include extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. SCHIFF. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this resolution commemorates the life and work of 
Thurgood Marshall on the 100th anniversary of his birth, which was July 
2, 1908.
  I commend the gentleman from New Jersey (Mr. Payne) for his 
leadership in allowing us to recognize an American whose life work was 
marked by the principles of justice, equality, and freedom, and I am 
pleased to cosponsor this legislation.
  It is hard to know where to begin in reciting Justice Marshall's 
accomplishments. While best known for breaking the color barrier on the 
Supreme Court, Justice Marshall is honored because he was an expert 
jurist who worked on behalf of all Americans. Born 100 years ago in 
Baltimore, Maryland, and with just one generation between him and 
slavery, Thurgood Marshall experienced its legacy of segregation and 
racist hatred in his own time.
  Rather than allow that legacy to defeat him, however, he dedicated 
his life to removing its stain from our society. His courageous 
determination propelled him to success in the classroom, in the 
courtroom, and on the bench.
  When he was denied admission on the basis of race to the University 
of Maryland's School of Law, he attended Howard University's School of 
Law and graduated first in his class in 1933.
  When he challenged the separate-but-equal status quo in his capacity 
as legal director of the National Association for the Advancement of 
Colored People, the NAACP, from 1940 through 1961, he won 29 out of 32 
cases before the Supreme Court, the most Supreme Court cases won by any 
attorney.
  Later, as a judge on the U.S. Court of Appeals for the Second Circuit 
from 1961 to 1965, he would author 112 opinions, with not one of them 
being overturned.
  Thurgood Marshall would continue his service to this country in two 
very distinguished capacities. He served as the first African American 
Solicitor General, from 1965 until 1967. That year, he was appointed 
associate justice on the U.S. Supreme Court, the first African American 
Justice, where he served until he retired in 1991.
  While Justice Marshall is best known for his lead role in the cases 
culminating in the 1954 decision in Brown v. Board of Education, which 
laid the foundation for the dismantling of Jim Crow segregation, he 
fought racial segregation in every aspect of society, and this pursuit 
for a fair and just America made him one of the Nation's best advocates 
of civil rights.
  In Chambers v. Florida, he challenged a biased criminal justice 
system. In Shelley v. Kraemer, he challenged discrimination in housing. 
And in Smith v. Allwright, he challenged inequitable voting practices.
  Finally, in commemorating Justice Marshall, we acknowledge not just a 
good lawyer and judge, but a good man who reminded us that ``in 
recognizing the humanity of our fellow beings, we pay ourselves the 
highest tribute.''
  Thurgood Marshall should be remembered as an individual who raised 
the morale, spirit and conscience of this country and who tirelessly 
fought social injustice throughout his life.
  I ask my colleagues to join me in support of this resolution that 
calls upon us to recognize the important legacy of Thurgood Marshall, a 
man who challenged and inspired Americans to live up to the principles 
and ideals on which this country was founded.
  I reserve the balance of my time.
  Mr. GOHMERT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I again thank my friend from California, I thank the 
chairman of the committee, the ranking member of the committee, and 
those who have worked on this bill.
  I rise in support of House Concurrent Resolution 381 honoring and 
recognizing the dedication and achievements of Thurgood Marshall on the 
100th anniversary of his birth.
  Thurgood Marshall, born in Baltimore, Maryland, on July 2, 1908, was 
the grandson of a slave. But after graduating first in his class from 
Howard Law School in 1933, he went on to serve as the legal director of 
the National Association for the Advancement of Colored People and 
argued over 30 cases before the Supreme Court of the United States. He 
won 29 of them, including the landmark decision Brown v. Board of 
Education in 1954, which held that racial segregation in public schools 
was unconstitutional.
  Thurgood Marshall, as most people know, was later nominated to the 
United States Court of Appeals for the

[[Page H6429]]

Second Circuit by President John F. Kennedy in 1961. He served there as 
the first African American Solicitor General from 1965 to 1967. And in 
1967, he was nominated by President Johnson to be an associate justice 
of the Supreme Court, its first African American member.
  I recall the days before I took the oath as a district judge back in 
Texas. I was told by a retired judge who was dying of cancer that it 
was a good job and a noble job, but that it would be the loneliest job 
I had ever held. I can only imagine that would have been true for any 
Supreme Court Justice, but particularly true for the first African 
American Justice on the Supreme Court. It had to be a lonely job; yet 
he honored himself and he honored this country with his brilliant work.
  Thurgood Marshall will be remembered for the many Supreme Court 
decisions he had a hand in writing, including the concurring opinion in 
Church of Jesus Christ of Latter-Day Saints v. Amos.
  Justice Marshall made so much in the way of contributions that are so 
far-reaching and still very timely today. For example, we have had the 
remaining Presidential candidates of both political parties express 
support for allowing faith-based organizations to take part in Federal 
social service programs. So it is worth remembering that in the Amos 
case Justice Marshall joined with Justice Brennan in stating that 
section 702(a) of the Civil Rights Act of 1964 was constitutional. That 
section of the Civil Rights Act has, from its inception, exempted 
nonprofit, private religious organizations engaged in both religious 
and secular nonprofit activities from title VII's prohibition on 
discrimination in employment on the basis of religion. If religious 
organizations are to be allowed to join Federal social service efforts, 
they must be allowed to remain religious organizations, and they can 
only do so if they are allowed to be free to compose themselves of 
individuals who share their religious world view. Justice Marshall 
recognized that, and so should we.
  He even had something to say about vouchers for education. In Witters 
v. Washington Department of Services for the Blind, Justice Marshall 
upheld a voucher program in which ``vocational assistance is provided 
under a program that is paid directly to the student, who transmits it 
to the educational institution of his or her choice.'' Justice Marshall 
held that such programs are constitutional where the resources 
``ultimately flow to religious institutions as a result of the 
genuinely independent and private choices of aid recipients.''
  It is also worth noting that he did allow exception to the Civil 
Rights Act to allow religious institutions to hire people who agreed 
with their religious beliefs.
  I would urge all of my colleagues to join me in supporting House 
Concurrent Resolution 381 in recognizing Justice Marshall's judicial 
legacy. It was profound, it was far-reaching, and it changed the 
country for the good. That rich legacy includes his support for the 
right of religious organizations to maintain their religious identity, 
for government voucher programs that allow individuals to exercise free 
and independent choices, even when those best choices or services are 
provided by religious organizations. It is a real honor for me to get 
to honor the legacy of Thurgood Marshall.
  I reserve the balance of my time.
  Mr. SCHIFF. Mr. Speaker, at this point I would like to yield 1 minute 
to the majority leader of the House of Representatives, the 
distinguished gentleman from Maryland (Mr. Hoyer).
  Mr. HOYER. Mr. Speaker, I want to thank my friend from California 
(Mr. Schiff), congratulate Mr. Payne for his leadership on this effort, 
and Mr. Gohmert for his joining in bringing this legislation to the 
floor.
  I come from the State of Maryland, and Thurgood Marshall is one of 
the great sons of our State. But I must tell you something that you 
will find, I think, ironic. If you go to the State capitol which is the 
oldest State capitol still in use as a State capitol in this country, 
and you look on the east front of the capitol and you walk out the 
front, there is a statue on the east front that overlooks the Annapolis 
harbor, and that statue is of a justice of the Supreme Court of the 
United States from the State of Maryland. His name is Roger Brooke 
Taney, the author of the Dred Scott decision.
  But if you walk out the door to the west and look out on Rowe 
Boulevard, there is another statue, another Justice, another son of 
Maryland; and that Justice is Thurgood Marshall.

                              {time}  1545

  I have always thought it somewhat ironic that juxtaposed in the 
Maryland State Capitol are these two justices, both of whom were 
learned, both of whom served their country, one of whom, however, whose 
judgment was skewed by the times in which he grew up, whose brilliance 
was diminished by his failure to see the promise of America, and 
another who--notwithstanding the fact that he was discriminated against 
and his people were discriminated against by a country that professed a 
promise of equal opportunity for all. Nevertheless, the love for his 
country rose above that segregated environment to preach the principles 
and to seek their reality.
  Today we recall the life and legacy of one of America's champions of 
civil rights, Thurgood Marshall. Justice Marshall is, as I have said, 
one of Maryland's greatest sons.
  If you come to my office and visit the majority leader's office, you 
will see, just outside of my door, six portraits of very distinguished 
Marylanders. One, the first President of the United States, John 
Hanson. Now, I know that George Washington was technically first 
President of the United States of America, but John Hanson was the 
first president of the Continental Congress. You will see others, 
signers of the Declaration of Independence, but there will be that 
picture just outside of my door of Thurgood Marshall, because of what 
he stood for and what his life stands for today.
  Few lives were as consequential to the cause of American equality, 
and it's fitting that we pause the work of legislating and remember 
that life. Thurgood Marshall said that his life-long fascination with 
the Constitution began in grade school, when, as a punishment, 
interestingly, as a punishment, a teacher forced him to read it cover 
to cover. Even then he must have been struck by the gulf between that 
document's promise of equal protection and the reality of a segregated 
America, a gulf that turned that promise into a lie for millions of our 
citizens.
  Thurgood Marshall spent his career working to restore that promise 
and dismantling the structures of segregation piece by piece. Nearly 
two decades before the famous case of Brown vs. Board of Education, he 
was at the forefront of a legal movement that aimed to chip away at 
discrimination through the courts.
  His first victory was also in some ways his sweetest. He convinced 
the Maryland Court of Appeals to desegregate the University of Maryland 
law school 6 years after that very school had barred him on account of 
his race. Over the years to come, he rarely lost a case. In fact, he 
won 29 out of 32 cases he argued before the Supreme Court.
  Another famous Marylander and his wife, whom I know, is Speaker 
Jackson, himself a distinguished African American leader of a 
distinguished African American family. I know so well the Mitchell 
family, Clarence Mitchell, Jr., the NAACP's representative in 
Washington, known as the 100th Senator; and Juanita Jackson Mitchell, 
one of the first African Americans admitted to the University of 
Maryland law school.
  Some of the credit must go to Thurgood Marshall and his legendary 
powers of persuasion. But credit, I think, also belongs to the powerful 
simplicity of his argument that separate can never be equal, that the 
Constitution belongs to Americans of all colors. His career as an 
advocate culminated with Brown, which overturned ``separate but 
equal,'' and it overturned it for good. Not only did it overturn it 
finally, but also for the good of our people.
  Thurgood Marshall later distinguished himself as a Federal judge and 
a solicitor general before President Lyndon Johnson nominated him as 
America's first African American Supreme Court justice. President 
Johnson called the appointment, and I quote, ``The right thing to do, 
the right time to do it, the right man, and the right place.''
  Justice Marshall, of course, as we all know, proved him absolutely 
correct.

[[Page H6430]]

He served on the Court with distinction for almost a quarter of a 
century as one of its leading defenders of individual liberty and civil 
rights. Other civil rights leaders gave us inspiration, uplift and 
prophetic challenge. Thurgood Marshall added something to that 
contribution, dogged advocacy and the discipline of the law.
  As a newspaper editorial put it at the time of his death, ``We make 
movies about Malcolm X, we get a holiday to honor Dr. Martin Luther 
King. But every day we live with the legacy of Justice Thurgood 
Marshall.'' Thurgood Marshall would be the first to acknowledge just 
how far America remains from the promise of equality, an equality that 
exists in fact, every bit as in law.
  But he would be the last to be discouraged. He said that ``A child 
born to a black mother in a State like Mississippi, by merely drawing 
its first breath in the democracy has exactly the same right as a white 
baby born to the wealthiest person in the United States. It's not true, 
but I challenge anyone to say it's not a goal worth working for.''
  The great thing that we remember about Thurgood Marshall, as I said 
at the beginning, is that confronted with segregation, confronted with 
racism, confronted with a negative reaction to his color, he, as so 
many civil rights leaders have done in the past, as Nelson Mandela did 
in South Africa, as so many other civil rights leaders throughout this 
world have done, he rose above the hate and the division to bring 
clarity to our Constitution and unity to our people.
  How appropriate it is to remember Thurgood Marshall on the eve of his 
100th year.
  Mr. GOHMERT. Mr. Speaker, at this time I would yield to my friend, 
Mr. Chabot from Ohio, such time as he may consume.
  Mr. CHABOT. I thank the gentleman for yielding.
  Mr. Speaker, I rise in strong support of H. Con. Res. 381, a 
resolution recognizing the dedication and achievements of Thurgood 
Marshall on the 100th anniversary of his birth.
  Justice Marshall's life was full of distinction and firsts, including 
successfully arguing to overturn the separate but equal doctrine before 
the U.S. Supreme Court and the seminal case of Brown v. Board of 
Education, serving as the Nation's first African American solicitor 
general and later serving as the first African American U.S. Supreme 
Court justice, a position that he held for 24 years.
  Still, at an early age with the premise that all men are created 
equal, Justice Marshall dedicated his life to bringing meaning to the 
protections enshrined in our Constitution. His work transformed this 
Nation. First, at the NAACP and later in the public sector, Justice 
Thurgood Marshall put civil rights at the forefront of this Nation's 
conscience, ensuring that the Constitution and rule of law applied 
fairly to all citizens.
  I commend the distinguished gentleman from New Jersey, Congressman 
Payne, for ensuring that Thurgood Marshall's legacy lives on. I urge my 
colleagues to support this resolution.
  Mr. SCHIFF. Mr. Speaker, at this time it is my great pleasure to 
yield 5 minutes to the gentleman from New Jersey (Mr. Payne).
  Mr. PAYNE. Let me begin by thanking my fellow colleagues, Mr. Sherman 
included, who joined me in the cosponsorship of this commemorative 
resolution, which honors Justice Thurgood Marshall's legacy and his 
dedication to civil rights and public service.
  Thurgood Marshall was born the grandson of a slave back in Baltimore, 
Maryland, on July 2, 1908. Marshall's mother, Norma Marshall, was one 
of the first black persons to graduate from Columbia Teacher's College 
in New York City. His father, William Canfield Marshall, worked as a 
railroad porter and as head steward at an exclusive white club. Mr. 
Marshall was the first black person to serve on a grand jury in 
Baltimore in the 20th century.
  Thurgood Marshall grew up in Baltimore and graduated from an all-
black high school at the age of 16. During his childhood, his parents 
taught him to argue by making him prove every statement he made and by 
challenging every point he made. At school, as it was mentioned 
earlier, when Thurgood Marshall got into trouble, the principal would 
make him sit in the basement and read the U.S. Constitution.
  Students couldn't return to class until a section of the Constitution 
was memorized. Evidently Thurgood Marshall had an opportunity, because 
he memorized a great deal of the Constitution, but that moved him into 
the interest of being a lawyer rather than a dentist, which his mother 
wanted him to be.
  After graduating from high school, Justice Marshall attended Lincoln 
University, a historically black university in Chester, Pennsylvania, a 
school that many outstanding blacks from the United States and abroad 
went to, including the first president of Ghana, Kwame Nkrumah.
  However, education was such a priority for the Marshall family that 
Mrs. Marshall sold her engagement ring in order to send Thurgood 
Marshall to school. After his graduation with honors at Lincoln 
University, Justice Marshall applied to the University of Maryland Law 
School. He was not accepted because he was black, and that set in 
motion the events of his future.
  That same year, Marshall was accepted at Howard Law School, and he 
went on to graduate in the class of 1933. Upon graduating, Justice 
Marshall started his own practice in Baltimore. The next year he 
discovered the NAACP and became an active member.
  As a matter of fact, Justice Marshall then sued the University of 
Maryland's law school, where he was not admitted, and won the case 
about discrimination. So he did get justice in the end.
  From 1940 to 1961, Thurgood Marshall served as legal director of the 
NAACP, which allowed him to travel throughout the United States 
representing numerous court cases. Most of the clients had disputes 
involving questions of racial justice, which ranged from common crimes 
to appellate advocacy, raising the most intricate matters of 
constitutional law.
  I had the privilege to follow his work very closely, because I was 
then president in the middle 1950s of the NAACP youth councils in 
college chapters and attended the NAACP convention in Detroit in 1957 
when Dr. Martin Luther King received the Spingarn Award.
  Of course, Thurgood Marshall was still a person that we all admired. 
As we heard, out of the 32 cases, he won 29 of them, earning more 
Supreme Court victories than any other individual before the Supreme 
Court and as chief counsel of the NAACP, the landmark Brown v. Board of 
Education in 1954, which overturned Plessy v. Ferguson of 1897, saying 
that ``separate but equal'' was constitutional.
  In 1961, John F. Kennedy appointed Thurgood Marshall to the United 
States Court of Appeals in the Second Circuit, despite heavy opposition 
from many southern Senators. Thurgood Marshall served on the United 
States Court of Appeals for the Second Circuit from 1961 to 1965. As we 
heard, he wrote 112 opinions, none of which was overturned on appeal.
  In 1965, President Johnson appointed Thurgood Marshall to the 
position of solicitor general, which he held from 1965 to 1967. Then in 
1967, President Johnson appointed Thurgood Marshall as the first 
African American Justice to serve on the Supreme Court.
  During his 24 years of service in the Supreme Court, Thurgood 
Marshall promoted affirmative action and sought protection for the 
rights of all Americans.

                              {time}  1600

  In 1992, he was honored with the Liberty Medal recognizing his long 
history of protecting individual rights of women, children, prisoners, 
and homeless.
  The SPEAKER pro tempore. The time of the gentleman from New Jersey 
has expired.
  Mr. SCHIFF. I yield the gentleman 30 additional seconds.
  Mr. PAYNE. Justice Marshall once said, ``Sometimes history takes 
things into its own hands.'' His commitment to civil rights and public 
service resonate still today. I ask you to listen to the words of 
Justice Marshall and strongly support this resolution by recognizing 
his contributions to humanity, acknowledged July 2, 2008, the 100th 
anniversary of his birth.
  Mr. GOHMERT. Mr. Speaker, I have no additional speakers. But in the 
spirit with which Thurgood Marshall conducted himself, I can't help but 
think,

[[Page H6431]]

as the son of a teacher, that he would be pleased if the name of the 
teacher that may have changed history by having him memorize part of 
the Constitution had her or his name entered, and if no one on the 
floor knows who that is, Mr. Speaker, I would ask unanimous consent for 
48 hours to revise and extend my remarks so that we get the name of 
that teacher that helped this student, Thurgood Marshall, change 
history be inserted into the Congressional Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. GOHMERT. With that, I reserve the balance of my time.
  Mr. SCHIFF. Mr. Speaker, I would now be delighted to yield 3 minutes 
to the gentleman from Illinois, Danny Davis.
  (Mr. DAVIS of Illinois asked and was given permission to revise and 
extend his remarks.)
  Mr. DAVIS of Illinois. Mr. Speaker, I want to commend the gentleman 
from New Jersey for introducing this resolution. I was thinking that in 
1954, I was a pre-adolescent, just beginning to read, write and try and 
understand what was going on. And where I lived, I remember the first 
school bus that I rode on was actually made from a flatbed truck that 
Mr. Arthur Dooley had. And when the schools were consolidated, he put a 
cabin on it and some wooden benches, and that was my first ride on a 
school bus.
  Then I remember the next year, we inherited a school bus from the 
white school. Then, I remember that all of the books that I read, all 
of the while that I was growing up, had someone else's name in the 
books when we got them, after they had been used by the other school 
system where I lived.
  And so, when I think of Thurgood Marshall, not only do I think of the 
tremendous impact that he continues to have today, but I think of the 
impact that he had on the lives of individuals like myself, who lived 
in an environment that was obviously very separate and very unequal.
  What he did will last as long as America lasts because he clearly 
showed that there could be an opportunity for people to experience some 
of what we call the goodness and the greatness of America. And for that 
reason, I come to commemorate him today.
  Mr. Speaker, I wish to take a moment to support H. Con. Res. 381, 
which celebrates the contributions and achievements of Thurgood 
Marshall on the 100th anniversary of his birth. Born in Baltimore, 
Maryland, on July 2, 1908, Thurgood Marshall was the grandson of a 
slave and at an early age his father, William Marshall, instilled in 
him an appreciation for the United States Constitution and the rule of 
law. He attended undergraduate school at Lincoln University in 
Pennsylvania. In 1930, he was accepted to Howard Law School; however, 
he also applied to the University of Maryland Law School, but was 
denied admission because he was Black. This event caused the direction 
of his professional life to focus on equal desegregated education. As 
an African-American man who lived through segregation and oppression he 
once said, ``Today's Constitution is a realistic document of freedom 
only because of several corrective amendments. Those amendments speak 
to a sense of decency and fairness that I and other Blacks cherish.'' 
As an attorney and during his tenure on the Supreme Court, Justice 
Marshall's opinions did much to advance the decency and fairness of our 
laws, making America a much stronger nation.
  Thurgood Marshall's tireless work within the justice system to 
eradicate the legacy of slavery and destroy the racist segregation 
system of Jim Crow clearly demonstrated his dedication to the struggle 
for equal rights and justice in the United States. As chief legal 
counsel to the National Association for the Advancement of Colored 
People, NAACP, he championed one of the most important cases for equal 
rights, Brown v. Board of Education of Topeka, the landmark case that 
demolished the legal basis for segregation in America. He continued to 
push for equal rights as the first African-American Supreme Court 
Justice, succeeding in creating new protections under law for women, 
children, prisoners, and the homeless. By these accomplishments, 
Thurgood Marshall established a record for supporting the voiceless 
Americans and left a legacy that recognizes that discrimination 
includes factors beyond just race and gender. He built a structure of 
individual rights that has become the cornerstone of protections for 
all Americans. I commemorate the years he has served and the 
improvements he has made to this great Nation.
  Mr. GOHMERT. Mr. Speaker, I yield back the balance of my time.
  Ms. LEE. Mr. Speaker, I rise today in strong support of H. Con. Res. 
381, a resolution honoring one of the greatest legal minds and civil 
rights pioneers of the 20th century, Thurgood Marshall. I thank 
Congressman Payne for introducing this resolution and for his 
leadership on so many important issues.
  When I think of 20th century trailblazers, Thurgood Marshall ranks 
among America's greatest heroes. It is an honor and a privilege to pay 
tribute to this legal giant as the House commemorates the 100th 
anniversary of his birth.
  As Thurgood Marshall stated so eloquently, ``A man can make what he 
wants of himself if he truly believes that he must be ready for hard 
work and many heartbreaks.'' His life's work truly embodied this 
quotation. Rising from the segregated streets of Baltimore, Maryland to 
the hallowed halls of the Supreme Court of the United States, Thurgood 
Marshall's story is one of triumph and courage. More than the first 
African-American Supreme Court Justice, Thurgood Marshall was a true 
pioneer whose selfless acts advanced the cause of civil rights not only 
in the United States, but around the world.
  It was more than 50 years ago when Thurgood Marshall and his fellow 
Howard University School of Law colleagues and professors launched 
their campaign to topple the house Jim Crow built. They acted in the 
audacious belief that the citadel of ``separate but equal'' built on 
the foundation of Plessey v. Ferguson could be brought down. Thurgood 
Marshall's faith that justice will triumph over power was vindicated 
when the Supreme Court issued its unanimous opinion in the landmark 
case of Brown v. Board of Education. That decision outlawed de jure 
segregation in public education, and fueled an international civil 
rights revolution that continues to this day.
  The victory in Brown v. Board was not Thurgood Marshall's first, nor 
would it be his last triumph before the Court he would later grace for 
nearly a quarter century. Thurgood Marshall was the principal architect 
of equality, working through the courts to eradicate the legacy of 
slavery and destroy the segregation system of Jim Crow.
  There was Shelley v. Kramer, which held that racial restrictive 
covenants in housing were unconstitutional. There was Smith v. 
Allwright, which outlawed the infamous ``dual primaries,'' excluding 
blacks from the voting in the primary election from which the general 
election winner always emerged. Before Thurgood Marshall ascended to 
the federal bench as Circuit Judge and later Supreme Court Associate 
Justice Marshall, he would argue 32 cases before the Supreme Court, 
tallying 29 victories, more than any other individual in history.
  Thurgood Marshall's deep faith and commitment to the cause of 
equality was the key to his success and to the legacy he leaves us. The 
legal strategy he developed as the chief lawyer for the NAACP and the 
judicial philosophy he refined as a member of the Supreme Court 
reoriented the federal judiciary as champion and protector of civil 
rights and individual liberty. The Civil Rights Movement for which the 
Brown ruling gave momentum greatly influenced leaders who later fought 
for the rights of women, the disabled, the politically oppressed, and 
the environment. Even the media has Thurgood Marshall to thank for the 
enhanced protection of its liberties.
  Mr. Speaker, all Americans are indebted to the late Justice Thurgood 
Marshall. Throughout his life, he bravely worked to help our country 
make real the promise of the Declaration of Independence. and extend 
the blessings and protections of our great Constitution to all 
Americans. His work honored America and so it is fitting that Congress 
pause to pay tribute to this great American by marking the 100th 
anniversary of his birth.
  Margaret Mead said, ``Never doubt that a small group of thoughtful 
committed people can change the world; indeed, it is the only thing 
that ever has.''
  The remarkable life of Thurgood Marshall is irrefutable proof that 
one person can make a difference.
  Happy Birthday, Justice Marshall.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in support of 
this legislation that honors an individual of unprecedented stature and 
achievement. This leader was a fighter who stood boldly on the front 
lines of democracy to fight for liberty and equality for all. This 
legal giant is none other than the late Thurgood Marshall.
  Dr. Martin Luther King, Jr., said that we all can be great because we 
all can serve. It is my responsibility to pay tribute to the late great 
Thurgood Marshall who served our Nation by transforming it.
  The late Thurgood Marshall put in place mechanisms to elevate the 
United States to its greatest potential. As a result, all Americans 
presently can reap the benefits of Thurgood

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Marshall's arduous travail. One of his greatest victories was his work 
in the landmark Supreme Court case of Brown v. Board of Education in 
1954. In Brown, the Supreme Court ruled that ``separate but equal'' 
public education was unconstitutional because it could never be truly 
equal.
  Marshall's arguments before the Supreme Court were myriad and 
historic. In total, Marshall won an unprecedented 29 out of the 32 
cases he argued before the Supreme Court.
  In 1961, President John F. Kennedy appointed Marshall to the United 
States Court of Appeals for the Second Circuit. On June 13, 1967, 
President Johnson appointed Marshall to the Supreme Court following the 
retirement of Justice Tom C. Clark. In appointing Marshall, President 
Johnson declared this was ``the right thing to do, the right time to do 
it, the right man and the right place.'' He was the 96th person to hold 
the position, and the first African-American.
  Today I stand before you, as many of my colleagues do, as a proud 
product of Thurgood Marshall's vision for equal access to education. 
Because of Thurgood Marshall's profound vision, one's access to 
education is no longer dependent upon the color of their skin or their 
income, but upon the demonstration of their academic promise, and 
scholarly merit and capability. Notwithstanding Marshall's legendary 
achievements in civil rights, America has much work to do. In thinking 
of our progress, I am reminded of the Bible in Jeremiah 8:20, ``The 
harvest is past, the summer is ended, and we are not saved.'' America 
has reaped the harvest of Marshall's life, Marshall's life is now past, 
and America has much work to do in civil rights. American people are 
not yet saved. The problem of this century, as it has been in past 
centuries, is still the problem of the color line. America has made 
great strides in this regard. Nonetheless, America still has work to 
do.
  Although there are still some barriers to overcome, Thurgood Marshall 
removed the road block that stymied America from being as good as its 
promise. Thurgood Marshall also impacted the international community. 
Mr. Marshall was asked by the United Nations and the United Kingdom to 
help draft the constitutions of the emerging African nations of Ghana 
and what is now Tanzania. It was felt that the person who so 
successfully fought for the rights of America's oppressed minority 
would be the perfect person to ensure the rights of all African 
citizens, both Black and White, in these two former European colonies.
  Being the right man or woman at the right time is no easy task. There 
is no room for passiveness or reluctance to action. Following in the 
tradition of the late Thurgood Marshall, we, the representatives of the 
United States citizenry, are the right people at the right time. 
Although our current battles differ slightly from those of Thurgood 
Marshall, we are faced with our own battles which include, the economy, 
creating affordable housing, immigration, Iraq, the pursuit of energy 
independence, and making sure that our veterans are properly taken care 
of.
  The precedent that the late Thurgood Marshall set, in fighting to 
make the U.S. as great as its promise, should be our motivation to pass 
good legislation to protect the rights of American people as we honor 
and recognize his dedication and achievements on this 100th anniversary 
of his birth.
  Mr. Speaker, I encourage my colleagues to join me in recognizing a 
true hero, Thurgood Marshall who died on January 24, 1993, at the age 
of 84. Let us honor his dedication and achievements as we recognize his 
contributions to the struggle for equal rights and justice in the 
United States.
  Mr. SCHIFF. Mr. Speaker, I thank my colleagues for their eloquent 
words, and I join them in urging the passage of this resolution 
recognizing a genuine American giant.
  I yield back the balance of our time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Schiff) that the House suspend the rules 
and agree to the concurrent resolution, H. Con. Res. 381.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the concurrent resolution was agreed to.
  A motion to reconsider was laid on the table.

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