By its attempt to regulate and govern the private businesses, which are miscalled public accommodations in the bill, this proposal would inject the Government into the most sensitive areas of human contractual relations—agreements for personal services. In so doing, constitutional interpretations of long standing are being swept aside in favor of tortuous rationalizations which studiously ignore the constitutionally-forbidden imposition of involuntary servitude on citizens
I say further that for this great legislative body to ignore the Constitution and the fundamental concepts of our governmental system is to act in a manner which could ultimately destroy the freedom of all American citizens, including the freedoms of the very persons whose feelings and whose liberties are the major subject of this legislation.
The power granted the Attorney General to intervene in all equal-protection-of-the-law cases is extremely broad and dangerous. Choices made by the Attorney General could follow a political and selected pattern.
Mr. President, passage of this bill will visit the heel of oppression on all the people, vitiate their constitutional shield against tyranny, and materially hasten the destruction of the best design for self-government yet devised by the minds of men. Its passage will mark one of the darkest days in history
This bill would renounce the safe, proper, and acceptable role for Government as a referee of disputes between the governed. It would interpose the Government as a biased protagonist, armed with the awesome authority of the Federal Government, in addition to rulemaking and umpire powers. The broad grants of power to the Attorney General to initiate and intervene in civil actions would go far toward transforming him into George Orwell’s ‘Big Brother’ of ‘1984,’ in the year 1964.
The broadly and vaguely worded administrative and enforcement provisions of [the bill] would authorize extensive governmental intervention in labor-management relations far exceeding the purported evils at which this legislation is allegedly directed. Such provisions, moreover, effectively give the Secretary and his agents an unlimited license to destroy the wage structures which both management and labor have worked for years to develop….The exercise of such unlimited powers could not but grievously and irreparably injure labor management relations throughout the Nation.
The people of each state, and they alone, are best qualified to judge whether conditions in their own jurisdiction are such that there is social need for an equal pay law….Any view that only the Federal Government can handle this problem shows a distrust of the States and indicates an unfortunate trend toward creating an over-centralized, top-heavy government by bringing all problems to Washington.
[The bill would give the government] sweeping powers over industry [and make the secretary of labor] PROSECUTOR, JUDGE, AND JURY.
[We stand] with those who would eliminate injustice and inequality wherever it may exist….[But] We do not wish to see Federal legislation enacted which could create greater problems and bring about greater injustices.
It would give the Secretary of Labor vast new powers over private industry with authority to investigate complaints, conduct hearings, issue orders, regulations and interpretation, and initiate legal actions to enforce complaints. Moreover, it would project Government into the job evaluation process—a prerogative traditionally reserved to management.
