[Congressional Record Volume 163, Number 54 (Tuesday, March 28, 2017)]
[Senate]
[Page S2046]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    50TH ANNIVERSARY OF THE 25TH AMENDMENT AND TRIBUTE TO BIRCH BAYH

  Mr. DONNELLY. Mr. President, today I wish to honor the 50th 
anniversary of the ratification of the 25th Amendment and recognize one 
of my predecessors from Indiana in the U.S. Senate, Birch Bayh. Birch 
Bayh represented Indiana for three terms in the Senate, from 1963 to 
1981. Senator Bayh was an accomplished lawyer, legislator, and the only 
non-Founding Father to draft two amendments to the U.S. Constitution 
that were enacted.
  February 2017 marked the 50th anniversary of the ratification of the 
25th Amendment to the Constitution. The 25th Amendment created an 
orderly transition of power in the case of death or disability of the 
President and a method of selecting a Vice President when a vacancy 
occurs in that office. Before its passage, our Nation experienced 
several occasions when the President was unable to perform his powers 
and duties, with no constitutional provision for temporary transfer of 
these powers to the Vice President. The amendment was first relied upon 
following the resignations of Vice President Spiro Agnew and President 
Richard Nixon. It also provided the basis for President Ronald Reagan 
to temporarily pass his duties to Vice President George H. Bush when 
President Reagan underwent surgery.
  While we all hope not to have to use the 25th Amendment, having an 
established process that continues to guide administrations faced with 
unexpected events is essential for any functional democracy. Senator 
Bayh played a key leadership role in the Senate by drafting this 
constitutional amendment and ensuring all necessary steps were taken 
for its ratification in 1967.
  Senator Bayh also drafted the 26th Amendment, which changed the 
voting age from 21 to 18. Its impetus was the passage of amendments to 
the Voting Rights Act in 1970 that set 18 as the minimum voting age for 
both Federal and State elections. When the Supreme Court ruled in 
Oregon v. Mitchell that the law applied only to Federal, not State 
elections, Congress adopted the 26th Amendment. Just over 3 months 
later, on July 1, 1971, three-fourths of the States had ratified the 
amendment, making it the quickest amendment ever to be adopted.
  In addition to these two constitutional amendments, Senator Bayh 
wrote the landmark title IX to the Higher Education Act, which mandates 
equal opportunities for women students and faculty. Senator Bayh was 
also an architect of the Juvenile Justice Act of 1974, which requires 
the separation of juvenile offenders from adult prison populations, and 
he played a vital role in the drafting and passage of the landmark 1964 
Civil Rights Act and the 1965 Voting Rights Act.
  Since leaving the Senate in 1980, Senator Bayh has committed himself 
to leadership in civic policy. He has served as chairman of the 
University of Virginia's Miller Center Commission on Presidential 
Disability and the 25th Amendment and as a member of the center's 
Commission on Federal Judicial Selection. He is also founding chairman 
of the National Institute Against Prejudice and Violence, a nonprofit, 
first-of-its-kind organization dedicated to studying prejudice and hate 
crimes in America.
  Senator Bayh, as you and your wife, Kitty, enjoy your retirement, the 
contributions you have made to our country endure. The indelible mark 
you have made on the orderly transition of power and preservation of 
justice is still celebrated with pride today as we commemorate the 50th 
anniversary of the 25th Amendment. Recently, the American Bar 
Association honored you with a Presidential citation for exhibiting the 
highest standards of public service as a lawyer and for extraordinary 
leadership on issues of law and justice, including the 25th Amendment. 
You are richly deserving of these accolades, as well as the gratitude 
of this Senate and the American people, for your lifetime of service.

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