the basis of evidence submitted, yet be fair to the domestic tobacco industry, from farmer to manufacturer, on the emotion-packed issue of cigarette smoking and health. The Congress enacted a law requiring that cigarette packs carry an appropriate warning to smokers.

Republican Senator Karl E. Mundt, of South Dakota, offered a successful rider to an appropriation bill which prevented the Veterans' Administration from closing a long list of veterans' facilities scheduled for immediate termination by White House action. He also sponsored legislation designed to put a halt to the "smut racket," by setting up a Presidential commission to study ways of wiping out the flood of pornographic literature now being distributed throughout the country.

Republican Senator George Murphy, of California, was a leader in the battle to help farmers whose crops lay rotting in the fields because of the Great Society's decision to prohibit the use of Mexican and Canadian migrant farmworkers. In areas where no suitable replacements were found crops rotted, shortages occurred, and prices went up. Labor, the consumer, and the farmer were hurt. As a result of Senator Murphy's efforts, however, some migrant workers finally were permitted to come in.

Republican Senator James B. Pearson, of Kansas, introduced a bill to provide for creation of a new bipartisan commission authorized to make a study and an investigation of the organization and operation of the executive branch of the Federal Government. The need for this new Hoover-type commission stems in part from the proliferation of executive agencies and administrations in the last decade, the attendant multiplication of expenditures, and the fact that much legislation passed this session which will further expand the structure and functions of the executive branch. The Pearson bill, cosponsored by more than 30 Senators, languishes in the Government Operations Committee.

Republican Senator Winston L. Prouty, of Vermont, sponsored and had adopted amendments to the National Defense Education Act to aid secondary schools in the teaching of economics, to create institutes of economics under the NDEA, and to make possible creation of industrial arts institutes. He also successfully sponsored an amendment to the employment-manpower bill which made it possible for private vocational educational schools to participate widely in the program, something not permitted in the Administration proposal. Senator Prouty also originated the amendment which would give student borrowers 100-percent loan forgiveness under the NDEA if they taught in poverty-impacted areas.

Republican Senator Leverett Saltonstall, of Massachusetts, led Senate Republicans in a floor attempt to substitute their proposal, to give wartime benefits to peacetime veterans who had served in "areas of hostilities," for a bill to authorize only educational benefits to all persons who had served in the Armed Forces between 1955 and 1967. Senator Saltonstall's bill, designed to give members of our Armed Forces sent to critical areas of the world where armed conflict exists, such as Vietnam, the same benefits as veterans of World War I, World

War II, and the Korean conflict, was rejected by the Democrat majority.

Republican Senator Hugh Scott, of Pennsylvania, introduced a bill to amend the so-called equal time provision of the Communications Act of 1934 as a constructive alternative to bills offered which would abolish the provision altogether. This bill would permit a broadcaster to make free time available to major candidates without requiring that he make similar free time available to the nominee of each and every splinter group, and provided that, if a station chooses to sell time to a major candidate, it could effectively charge no more than two-thirds of the rate which the candidate would, under present law, be required to pay. The Scott bill, designed to protect the public interest without penalizing the broadcasting industry, was referred to the Commerce Committee which has not held hearings.

Republican Senator Milward L. Simpson, of Wyoming, proposed and had adopted an amendment to the poverty bill which would prevent the Director of the Job Corps from authorizing any program which would displace workers or impair contractual obligations. This agreement was proposed in an effort to protect the free enterprise system and to see to it that when the initiative has been taken by individual citizens the Government did not interfere.

Republican Senator Margaret Chase Smith, of Maine, continued to establish week after week throughout the session a record in the history of the U.S. Congress for consecutive attendance on record votes. Her score on being present and voting reached 2,156 before the session closed. The Senate unanimously passed a resolution praising her record and, in another unusual tribute, gave her a standing ovation. Throughout the session, Senator Smith sponsored and fought for a variety of space and defense programs.

Republican Senator Strom Thurmond, of South Carolina, sponsored legislation to equalize the treatment of Reserves and Regulars of the armed services in the payment of per diem allowances, and to change the method of computing retired pay of certain enlisted members of the Army, Navy, Air Force, and Marine Corps to allow the enlisted personnel credit for Reserve duty as well as active duty service. The Democrat-controlled Armed Services Committee has taken no action.

Republican Senator John G. Tower, of Texas, introduced legislation to grant servicemen income tax relief by designating Vietnam a combat zone, which the President had not done. As public opinion began to crystalize behind Senator Tower's bill, the President signed an Executive order designating the Vietnam area as a combat zone, thereby affording income tax relief for servicemen in the areaexactly as Senator Tower's bill had suggested.

Republican Senator John J. Williams, of Delaware, offered an amendment to the Social Security Amendments Act of 1965, to liberalize earnings limitation for social security recipients. Approved by both the Finance Committee and the Senate, the amendment would permit a social security recipient to earn up to $1,800 per year ($1,200 under existing law) before losing any of his social security benefits. The Williams amendment was modified by the Democrat majority

in conference by reducing the penalty-free limit to $1,500, with the $1 for $2 penalty being applied to the next $1,200.

Republican Senator Milton R. Young, of North Dakota, was appointed to a Special Committee on Veterans' Facilities, to investigate the Great Society's announced closing of 11 Veterans' Administration hospitals, 4 domiciliary homes, and 16 VA regional offices. Senator Young worked with this committee, veterans, and their organizations on both the State and National level. This investigation resulted in retention of at least one regional VA office for each State and prevented the closing of needed VA hospitals in sparsely populated areas. III

Reapportionment of State Legislatures

Over the past 2 years, the Supreme Court of the United States has delivered a series of momentous decisions requiring the State legislatures to reapportion on the basis of population factors alone.

These decisions were based on the principle of "one-man, one-vote,' a sound enough principle in itself, but wrongly applied in this matter. Blind adherence to this principle-which is currently much in vogue-despite all other considerations, indicates either a basic misunderstanding of, or blatant disregard for, the unique workings of our Federal system.

Justice Harlan, in his dissent in one of these cases, clearly perceived the dangerous course upon which the Court has directed us. His words bear repeating:

* judicial entry into this realm is profoundly ill advised and constitutionally impermissible.

the vitality of our political system, on which in the last analysis all else depends, is weakened by reliance on the judiciary for political reform; in time a complacent body politic may result.

These decisions also cut deeply into the fabric of our federalism. What must follow from them may eventually appear to be the product of State legislatures. Nevertheless, no thinking person can fail to recognize that the aftermath of these cases, however desirable it may be thought in itself, will have been achieved at the cost of a radical alteration in the relationship between the States and the Federal Government, more particularly the Federal judiciary. Only one who has an overbearing impatience with the Federal system and its political processes will believe that that cost was not too high or was inevitable.

The

Finally, these decisions give support to a current mistaken view of the Constitution and the constitutional function of this Court. This view, in a nutshell, is that every major social ill in this country can find its cure in some constitutional "principle," and that this Court should "take the lead" in promoting reform when other branches of government fail to act. The Constitution is not a panacea for every blot upon the public welfare, nor should this Court, ordained as a judical body, be thought of as a general haven for reform movements. Constitution is an instrument of government, fundamental to which is the premise that in a diffusion of governmental authority lies the greatest promise that this Nation will realize liberty for all its citizens. This Court, limited in function in accordance with that premise, does not serve its high purpose when it exceeds its authority, even to satisfy justified impatience with the slow workings of the political process. For when, in the name of constitutional interpretation, the Court adds something to the Constitution that was deliberately excluded from it, the Court in reality substitutes its view of what should be so for the amending process.

A constitutional amendment was offered during the past session which would have allowed the electorates of the various States to decide for themselves whether or not they wished to apportion one

house of a bicameral State legislature using factors of geography and political subdivisions as well as population. That amendment was rejected by a vote of 57 yeas to 39 nays, the necessary two-thirds of the Senators present and voting not having voted in the affirmative. But that does not end the story. The final chapter has not yet been written. The battle will be continued.

The goal is to restore to the people of the States the right of selfdetermination and by so doing to restore balance within the Federal system.

The question is not one of rural domination or urban domination or ethnic domination or labor domination or any other type of domination. The issue, simply, is whether the people of a State are to be allowed to determine for themselves the manner in which they would be governed.

The one-man, one-vote principle would, in this case, lead to conformity and bring about disparities as great in representation in legislatures as had existed in some States and which the Court had properly stricken down.

If a representative system of government is fair and recognizes individual rights, protects against discrimination in voting, provides that one house be elected on the basis of population, and takes into consideration with respect to election of the other house of representation of the interest of the people and it will always be people; not acres, or trees, or rocks-then it can be said to be a fair system.

We shall continue to fight for representative government.

Trite though it may appear to some, there are no better words to describe freedom than government of the people, by the people, and for the people.