Selected U.S. Senate Proceedings and Debates on Fair Housing, 1965-1971

Senator Mondale reacts to the riots in Los Angeles, stating that Congress needs to strengthen civil rights laws to include fair housing; "And even today, when we talk about how much we've already accomplished, we must ask ourselves how many Negroes who want to leave the slums who have the money and will to do so, have run into a wall of racial discrimination, a 'white noose' surrounding their Negro ghettos which bars their escape." 89th Cong., 1st sess., Congressional Record 111 (August 17, 1965): 20625-20627.

Senator Mondale urges the Senate to pass a civil rights bill, H.R. 14765 (introduced in May by Representative Celler), that "contains practical measures toward providing equality in the administration of justice and in the opportunity for obtaining good housing." The Senate never agreed on cloture and the bill was never passed in the Senate. 89th Cong., 2nd sess., Congressional Record 112 (September 12, 1966): 22290.

Senator Mondale introduces S. 1358, a bill to enact the Fair Housing Act of 1967; the bill is referred to the Committee on Banking and Currency. 90th Cong., 1st sess., Congressional Record 113 (March 22, 1967): 7544.

Senator Kennedy (D-NY) submits Senator Mondale's July 21 testimony on fair housing before the Subcommittee on Housing and Urban Affairs, Senate Committee on Banking and Currency. 90th Cong., 1st sess., Congressional Record 113 (August 2, 1967): 20936-20938.

Senator Mondale discusses the need for fair housing in light of the recent riots: "Frustration and despair lead to frustrating, despairing behavior. Those who believe that their condition could not be worse also believe that they have nothing to lose by a violent reaction against society. This is the stuff of revolutions and insurrections." 90th Cong., 1st sess., Congressional Record 113 (August 2, 1967): 20921.

Senator Mondale announces hearings on S. 1358, the proposed Fair Housing Act of 1967; he submits a summary and an analysis of the Act. 90th Cong., 1st sess., Congressional Record 113 (August 16, 1967): 22840-22848.

Senator Mondale expresses frustration and disappointment in the failure of the 90th Congress to enact a fair housing law: "In failing to come to grips with the problem of residential segregation and its attendant evils, Congress appears to be oblivious to what has been happening throughout the country;" he discusses details of fair housing laws passed by 22 states. 90th Cong., 1st sess., Congressional Record 113 (December 15, 1967): 37038-37047.

Senator Mondale, with Senator Brooke (R-MA), submits a fair housing amendment (Amendment No. 524, the Fair Housing Act of 1968) to H.R. 2516, A Bill Prescribing Penalties for Interfering with Civil Rights (the civil rights bill passed by the House of Representatives, August 16, 1967). Mondale explains that he is proposing the fair housing bill in the form of an amendment because he believes that "this will be our only opportunity for Senate consideration of civil rights legislation in this session." 90th Cong., 2nd sess., Congressional Record 114 (February 6, 1968): 2264-2284. (Mondale at 2270)

Senator Mondale explains the "Mrs. Murphy" exemption in the proposed fair housing legislation. It exempts the rental or leasing of a portion of a single-family dwelling, i.e. the letting of rooms in a personal home. Mondale disagrees with the exemption, but is willing to concede the point: "I think we can give one slice of the loaf in order to save the remainder of the loaf." 90th Cong., 2nd sess., Congressional Record 114 (February 7, 1968): 2495.

Debate on fair housing with speeches in support by Senators Brooke (R-MA), Tydings (D-MD), Percy (R-IL), and Mondale; dissent from Senator Ervin (D-NC). 90th Cong., 2nd sess., Congressional Record 114 (February 7, 1968): 2524-2544. (Mondale at 2539)

Senator Mondale argues that the decision for fair housing "comes down to the matter of right and wrong . . . to the question of whether a person . . . shall . . . be denied the opportunity to purchase a home . . . solely because of his color." 90th Cong., 2nd sess., Congressional Record 114 (February 8, 1968): 2692-2703.

Arguments in support of fair housing from Senators Proxmire (D-WI) and Brooke; Senator Mondale argues that "real estate brokers, tract developers, and owners and operators of apartment houses have no strong personal prejudice" and "feel compelled by business pressures to maintain the existing patterns of race and color in housing." Mondale maintains that these businesses will not experience economic loss when required by law not to discriminate. 90th Cong., 2nd sess., Congressional Record 114 (February 14, 1968): 2984-2994. (Mondale at 2991)

Senator Mondale argues that the passage of a fair housing law will help remedy "hard-core unemployment" and the "deplorable state of ghetto area schools." He asserts that "[t]he pattern of racial segregation in housing affects employment opportunities and the racial composition and quality of schools." Senator Ellender (D-LA) calls the proposed fair housing bill "obnoxious." 90th Cong., 2nd sess., Congressional Record 114 (February 15, 1968): 3133-3135.

Senator Mondale addresses the accusations of hypocrisy of senators from the northern states, "that we are perfectly willing to point a stern finger at the South, but not a stern finger at ourselves, when in fact we have a similar problem." 90th Cong., 2nd sess., Congressional Record 114 (February 15, 1968): 3121-3130. (Mondale at 3126)

Senator Mondale praises President Johnson's civil rights record: "We have never had in the White House a President who has worked so hard, so creatively, and so courageously on behalf of the cause of human rights. . . ." 90th Cong., 2nd sess., Congressional Record 114 (February 19, 1968): 3358-3361.

Majority Leader Mansfield (D-MT) files a petition to invoke cloture (i.e. to end debate) one hour after the Senate convenes; Senator Mondale summarizes the case for fair housing; Senator Ervin claims the bill is "robbing all Americans of their basic rights of private property;" the Senate rejects cloture by 55 yeas to 37 nays. 90th Cong., 2nd sess., Congressional Record 114 (February 20, 1968): 3421-3427.

Based on the close vote earlier in the day not to end debate on fair housing, proponents of the fair housing bill determine the presence of a strong majority in favor of the proposal and are prepared to begin discussing a compromise. 90th Cong., 2nd sess., Congressional Record 114 (February 20, 1968): 3441-3443.

Senator Byrd (D-WV) states that he will vote to table (kill) the proposed fair housing amendment because "it would constitute discrimination in reverse. . . .;" Senator Javits (R-NY) counters by saying "the concept we are trying to get across before the long hot summer is that we are endeavoring to do. . . justice, which has too long been deferred. . . in terms of equal opportunity." 90th Cong., 2nd sess., Congressional Record 114 (February 21, 1968): 3755-3757.

An exchange between Senator Holland (D-FL) and Senator Mondale regarding the tabling of the proposed fair housing amendment; Senator Holland argues, "I strongly believe that it is not the proper function of Congress to ram down the throats . . . of our people . . . legislation in the social field which they do not believe in and do not support." Senator Dirksen (R-IL) expresses irritation at the Mondale-Brooke amendment. 90th Cong., 2nd sess., Congressional Record 114 (February 21, 1968): 3758-3761.

Senator Mansfield, "with regret," moves to table the Mondale-Brooke amendment in the hope of improving the chances of passing H.R. 2516. Mansfield supports fair housing, but claims it threatens passage of the broader civil rights bill: "I would hate to see that overwhelming bipartisan support gained in the House [for H.R. 2516] now be sacrificed in an effort--in my opinion futile at this time--to obtain the provisions of the Mondale amendment." Mansfield's motion to table the amendment is defeated by 34 yeas to 58 nays, thus keeping the proposed fair housing amendment alive. 90th Cong., 2nd sess., Congressional Record 114 (February 21, 1968): 3805-3808. (Mansfield at 3806)

Various senators applaud the possibility that Senator Dirksen (R-IL) will sponsor a compromise to the Mondale-Brooke amendment; Mondale submits an article from The New York Times describing the findings of the National Advisory Commission on Civil Disorders (the "Riot Commission"); the Commission emphasizes the need for fair housing; the Senate once again rejects cloture by 56 yeas to 36 nays. 90th Cong., 2nd sess., Congressional Record 114 (February 26, 1968): 4049-4065. (Mondale at 4050)

Senator Mondale clears the way for a compromise bill by moving to table his pending amendment (the Mondale-Brooke Amendment), which covers about 90% of all housing. The Mondale-Brooke amendment gives way to Senator Dirksen's amendment which cuts the number of units covered under fair housing to about 80%; Dirksen (R-IL) defends his change of mind on fair housing: "one would be a strange creature indeed in this world of mutation if in the face of reality he did not change his mind." 90th Cong., 2nd sess., Congressional Record 114 (February 28, 1968): 4568-4578.

Debate on the newly introduced Dirksen Amendment No. 554 and whether to invoke cloture; for a third time, the Senate rejects cloture by 59 yeas to 35 nays. 90th Cong., 2nd sess., Congressional Record 114 (March 1, 1968): 4831-4845. (Mondale at 4833)

Senator Mondale applauds the "timely" release of the Riot Commission's report which recommends an open housing law that covers the sale and rental of all housing: "Rarely has a study in such depth been done at a time when we could respond immediately. And our failure to respond to such a clear and explicit statement. . . will only be a signal to those trapped in the ghettos that our government is paralyzed. . . .;" he calls on the Senate to invoke cloture on the Dirksen amendment on March 4. 90th Cong., 2nd sess., Congressional Record 114 (March 2, 1968): 4898-4899.

In its fourth attempt at cloture, the Senate votes to invoke cloture (limit debate) on the Dirksen amendment, by 65 yeas to 32 nays. The Senate had been debating civil rights since it convened for the second session Jan. 15. Majority Leader Mansfield (D-MT) indicated before the cloture vote that if cloture was not invoked, the bill would probably be dropped. 90th Cong., 2nd sess., Congressional Record 114 (March 4, 1968): 4954-4960. (Mondale at 4958)

Senator Byrd (D-WV) proposes Amendment No. 581 that exempts private individuals from the pending Dirksen amendment; Senator Mondale objects, arguing that Byrd's amendment "would delete virtually all the substance of the pending Dirksen substitute." 90th Cong., 2nd sess., Congressional Record 114 (March 4, 1968): 4965-4966. (Mondale at 4966)

Debate on Senator Byrd's proposed amendment to replace Senator Dirksen's amendment; the Byrd amendment is rejected by 38 yeas to 56 nays; includes a debate and rejection of Senator Ervin's Amendment No. 561. 90th Cong., 2nd sess., Congressional Record 114 (March 4, 1968): 4971-4981. (Mondale at 4974)

Further discussion and amendments to H.R. 2516, A Bill Prescribing Penalties for Interfering with Civil Rights. 90th Cong., 2nd sess., Congressional Record 114 (March 4, 1968): 4985-4991.

Further discussion and amendments to H.R. 2516; Senator Mondale argues against Senator Baker's (R-TN) amendment. The amendment is rejected. 90th Cong., 2nd sess., Congressional Record 114 (March 5, 1968): 5214-5232.

Further discussion and amendments to H.R. 2516. 90th Cong., 2nd sess., Congressional Record 114 (March 6, 1968): 5513-5517.

Further discussion and amendments to H.R. 2516. 90th Cong., 2nd sess., Congressional Record 114 (March 6, 1968): 5522-5527.

Senator Byrd (D-WV) proposes Amendment No. 579, which exempts "non-owner occupied single-family dwellings" (primarily vacation homes) not sold through a broker; Senator Mondale is unwilling to make further compromises, fearful that they will further weaken the Dirksen amendment; Senator Byrd's Amendment No. 579 narrowly passes with 48 yeas to 45 nays. 90th Cong., 2nd sess., Congressional Record 114 (March 7, 1968): 5640-5644. (Mondale at 5641)

A number of amendments are introduced and debated, including Senator Ervin's (D-NC) Amendment No. 506; this amendment, a substitute for the Dirksen amendment, strikes out the entire proposed open occupancy provision; Amendment No. 506 is rejected with 24 yeas to 64 nays; Senator Miller (R-IA) introduces Amendment No. 599 which states that only members of the Armed Forces cannot be discriminated against based on race; Mondale argues that the Miller amendment destroys the Dirksen amendment; Miller's amendment is rejected by 13 yeas to 73 nays. 90th Cong., 2nd sess., Congressional Record 14 (March 8, 1968): 5824-5845. (Mondale at 5830)

Final debate on H.R. 2516, a Bill Prescribing Penalties for Interfering with Civil Rights, with amendments; includes speeches in opposition by Senators Stennis (D-MS) and Thurmond (R-SC) and in support by Senators Byrd and Dirksen; H.R. 2516 is passed, as amended. It becomes Public Law 90-284 on April 10. 90th Cong., 2nd sess., Congressional Record 114 (March 11, 1968): 5986-6002. (Mondale at 6000)

Senator Mondale expresses gratitude for the passage of the 1968 Civil Rights Act in the House of Representatives. 90th Cong., 2nd sess., Congressional Record 114 (April 10, 1968): 9493.

Senator Mondale expresses his disappointment in the failure of Congress to appropriate funds for enforcement of fair housing. 90th Cong., 2nd sess., Congressional Record 114 (September 20, 1968): 27766.

Senator Mondale argues that failing to appropriate funds for fair housing effectively repeals the law. 90th Cong., 2nd sess., Congressional Record 114 (September 25, 1971): 28171-28180.

Senator Mondale submits the testimony of George Meany, president of the AFL-CIO, before the Senate Subcommittee on Housing and Urban Affairs, Committee on Banking and Currency. 90th Cong., 1st sess., Congressional Record 113 (August 29, 1967): 24418-24420.

Senator Mondale submits an article that discusses the problem of industries moving out of the central city to the suburbs and thus becoming "out of reach of the city center poor. The poor cannot find the transportation to the jobs nor can they find homes in the neighborhoods of the new jobs." 90th Cong., 1st sess., Congressional Record 113 (August 29, 1967): 24412-24415.

Senator Mondale disagrees with an analysis in The New York Times concerning Jones v. Mayer Co., pending before the U.S. Supreme Court. The Times contends that should the Court hear the case and uphold the contention of the petitioners that the 1866 Civil Rights Act bars housing discrimination, the effect would be to eliminate the need for fair housing legislation. Senator Mondale's response: "Legislation will still be necessary even should the Court declare for the complainants." 90th Cong., 1st sess., Congressional Record 113 (October 24, 1967): 29780-29781.

Senator Mondale briefly discusses Jones v. Mayer Co., a fair housing case pending before the U.S. Supreme Court, and submits an article from The Kansas City Star on the case. 90th Cong., 2nd sess., Congressional Record 114 (April 1, 1968): 8471-8473.

Tributes to Martin Luther King, Jr. 90th Cong., 2nd sess., Congressional Record 114 (April 5, 1968): 9136-9145. (Mondale at 9138)

Senator Mondale submits the testimony of former Senator Paul Douglas (D-IL), stating that "the testimony of Senator Douglas is some of the best ever presented to the subcommittee. It outlines the present problems involved in the operation of our housing programs and then offers constructive solutions to meet these problems." 90th Cong., 2nd sess., Congressional Record 114 (April 18, 1968): 9951-9954.