The Filibuster Rule
Part Thirteen: Racism persisted, the filibuster made blocked civil rights for decades.
On January 1, 1949, Governor Herman Talmadge of Georgia announced that year they had plans to change the qualifications for voting. The proposed new law would require having both good character and education. During 1949, there were 1,000,000 eligible Black voters in Georgia, but 80% of them hadn’t gone any further in school than 6th grade. Georgia had a notoriously poor school system[1]. Talmadge promised to prevent Black people from voting[2].
The 81st Congress was in session on January 3 and got off to a fiery start. Democrats had gained control of Congress and right away tried to curb the power of the Rules Committee over Truman’s legislative program. Republicans fought against it. The rule change proposed by the Democrats was to clip the Rules Committee to bottleneck legislation. So then, the Rules Committee wouldn’t be able to sidetrack labor and social legislation asked by President Truman. Nevertheless, the Democratic Caucus approved the rule 176 to 48. Most of the opposition came from Southern Democrats[3].
On January 6, three Senators introduced a bill that would have ended the filibuster. Those Senators were:
Senator Francis Myers (D-PA)
Senator Wayne Morse (R-OR)
Senator Leverett Saltonstall (R-MA)
Senator Morse was a Liberal Republican in 1949[4]. (Morse later became a Liberal Democrat in 1955[5].) Morse attempted to bring his plan to an immediate vote, but the Senate overrode it. Anti-poll tax bills were also introduced to the Senate by:
Senator Claude Pepper (D-FL)
Senator Homer Ferguson (R-MI)
Senator Pepper also introduced an anti-lynching bill[6].
In January 1949, the NAACP was applying pressure on the Senate to end the filibuster and calling for the House to remove the “poll-tax Congressman” from the control of important committees. The bill introduced was called the Abolition of Archaic Procedure Rules. It was supposed to be the first step towards enacting civil rights measures. The NAACP’s top priority in 1949 was to gain public support for the rules changes to curb the filibuster[7].
The Southern Democrats opposed the rule change in the Senate, although the Northern Democrats and Republicans both pushed it as the clear path to the civil rights program[8]. A hearing on the filibuster ban began on January 24, 1949[9].
In the days leading up to the filibuster hearing, civil rights legislation, which had failed in the 80th Congress, was introduced[10]. A bill to prohibit discrimination in employment because of race, national origin, or ancestry was submitted by:
Senator Wayne Morse (R-OR)
Senator Leverett Saltonstall (R-MA)
Senator H. Alexander Smith (R-NJ)
Senator Dennis Chavez (D-NM)
Senator James Murray (D-MT)
Senator Francis J. Myers (D-PA)
In 1949, civil rights legislation was bipartisan, with both Liberal Democrats and Republicans agreeing the country should move forward. However, the Conservative Democrats of the South continued to be staunchly against it.
The question was whether a mere majority or two-thirds of Senators voting would bring a debate to a close. Naturally, the Dixiecrats wanted a two-thirds majority to be maintained. However, early indications were the Rules Committee would vote to apply cloture to any motion to take up a bill but stick to the two-thirds requirement for its adoption[11].
Although Senator Pepper was from the South, he was a Liberal[12] and even accused of being far left[13]. In 1949, Senator Pepper aided civil rights progress in Florida[14].
Pepper and Senator Morse led a bipartisan group that fought to curb the filibuster. Pepper was willing to keep the two-thirds requirement but wanted the Senate to vote to end unlimited discussion after ten days. Morse wanted a simple majority to be able to curtail debate[15]. The only exception the Dixiecrats were willing to make was a rule that would prevent filibustering on national defense[16].
The Rules Committee heard testimony from the Dixiecrats, who called civil rights bills like anti-poll tax, anti-lynching, and FEPC unconstitutional.
It wasn’t just the Democratic Caucus split on changing the rules to curb the filibuster. House GOP Liberals and veteran Republican leaders also disagreed on the rules of committees. In the 81st Congress, there were many skirmishes between the party leaders and younger Republicans. The older Republicans often sided with Dixiecrats, and the younger Republicans often sided with Liberal Democrats[17].
1949 was only a few years before McCarthyism plagued Congress, but America was in Red Scare mode. Liberal Republicans spoke about Communist threats to America as to why the Senate should tighten the rules against filibustering. Conversely, Dixiecrats spoke about Communist threats to America and why the Senate should not change the filibuster rules[18].
Finally, on February 9, 1949, the Senate Rules Committee approved an anti-filibuster rule by a 10-3 vote. Before the rule change, the Senate could call cloture if two-thirds of the Senators present voted to agree. The 1949 change required two-thirds of the full Senate, 67 votes, to cut off debate. While this rule intended to make it more difficult for the Dixiecrats to block civil rights bills, it backfired in many ways. It was the beginning of record-setting filibusters, aiding Dixiecrats in stopping civil rights measures[19].
The Conservative Coalition was founded in 1937 and brought together Conservative Republicans and Conservative Democrats from the South. This Coalition, led by Georgia Senator Richard Russell, dominated Congress[20]. They became a strong voting bloc, hindering the Truman administration on spending bills, labor unions, and welfare programs. After the Dixiecrats’ failed presidential bid, the Republicans and Southern Democrats of the Conservative Coalition teamed up and became “The Dixiecrat-Republican Coalition[21].”
[1] Louis Lautier, “Nation’s Capital,” The Detroit Tribune, (January 1, 1949)
[2] Jackson Advocate, “Legislators Scheme to Nullify Georgia Negro Voting,” (January 1, 1949)
[3] Evening Star, “House Democrats Vote, 176-48 to Cut Rules Committee Powers, Battle Due on Floor Tomorrow,” (January 2, 1949)
[4] J. A. O’Leary, “Taft Labor Views are Close to His, Morse Indicates,” Evening Star, (February 21, 1949)
[5] Gould Lincoln, “Democrats Reported Happy to Have Morse,” Evening Star, (January 4, 1955)
[6] Evening Star, “Senate Receives Bill to Bar Filibuster,” (January 6, 1949)
[7] The Miami Times, “NAACP Asks Senate Ban on Filibuster,” (January 15, 1949)
[8] The Potters Herald, “Liberals Win House Organization Fight,” (January 13, 1949)
[9] Evening Star, “Hearing on Filibuster Ban to Start January 24; Southerners to Fight.” (January 13, 1949)
[10] The Detroit Tribune, “Civil Rights Legislation Bills Introduced in 81st Congress,” (January 15, 1949)
[11] J. A. O’Leary, “Senate Group to Back Some Filibuster Curbs, Chairman Hayden Says,” Evening Star, (January 24, 1949)
[12] Doris Fleeson, “Seemed Like a Good Idea,” Evening Star, (December 28, 1949)
[13] Russell Kay, “Too Late to Classify,” The Key West Citizen, (September 12, 1946)
[14] Ray Lawrence, “Senators Graham and Pepper Named Most Progressive Law Makers of South,” Jackson Advocate, (November 26, 1949)
[15] The Detroit Tribune, “Civil Rights Legislation Bills Introduced in 81st Congress,” (January 15, 1949)
[16] Gould Lincoln, “Senate Debate Limit Held Not Needed for Security,” Evening Star, (March 15, 1949)
[17] Associated Press, “GOP Chiefs Oppose Compromise in Fight to Bar Filibuster,” Evening Star, (January 27, 1949)
[18] J. A. O’Leary, “Reds’ Control Abroad Proves Need to Bar Filibuster; Lodge Says,” Evening Star, (January 28, 1949)
[19] Associated Press, “Filibuster Curb Approved, 10-3 by Senate Rules Committee,” Evening Star, (February 9, 1949)
[20] Gould Lincoln, “Truman Program Dealt Heavy Blow in Senate,” Evening Star, (March 17, 1949)
[21] The Potters Herald, “Taft-Hartley Fight Enters Final Round,” (March 24, 1949)