Legacy (14 page)

134

We have copies of her argument:

When the American people can find redress in no other agency of government, none, and we have exhausted them all, we must throw our- selves on the mercy of this Court, which was established to provide remedy in just such impasses. You are our defense against frustra- tion and despair. Only your Court can order jus- tice to be done.

On 26 March 1962, when I was eleven years old, Mother sat with us at home listening to the radio as the news came that the Supreme Court had agreed with her, 6 to 2, meaning that at long last, the states would be forced to break the logjam which had imprisoned the cities. She did not exult. She list- ened to several different stations giving guesses as to what Baker v. Carr meant, then she prepared supper. That night fellow professors and newspaper peo- ple trooped in to congratulate her, and she told them: 'The tools are always there to mend our democracy. Problem is, find someone to use them.' 'Won't you be pretty busy now, advising the vari- ous legislatures?' a reporter asked, and she said: 'That's what I've been doing for the past dozen years, and frankly, I didn't accomplish much. The decision promises nothing. It's how we use it that counts.'

After supper we sat for a while, talking at everything but what I wou)d be doing the next When Nancy and I left, Mother walked withus to car, and said quietly: 'Norm, your father and I w tremendously proud when you were invited to w in the White House. We hope we canbe just as pr of the manner in which you leave.'

135

Norman Starr 1951-

On Monday Nancy rose early, laid out my dress blues, and attached the neat rows of colourful rib- bons which attested to my years in service. The American military hands out decorations the way a Sunday School gives awards for attendance, but they do impress civilians, and that was the pur- pose today. But if I did wear some medals for actions of only routine consequence, I had no medal testifying to the considerable contributions I had made to the security of our nation in Central America. You win some, you lose some. While I was shaving, Nancy sprang a surprise which I did not appreciate. She called into the bathroom: 'I asked Dad to stop by for breakfast,' and I was about to groan 'Not today,' when I restrained myself, because Professor Makinowsky was a major reason why his daughter was such an admirable citizen and wife. I had courted Nancy Makin for nearly two disorganized years before I learned that she had shortened her name, but as we became more seri- ous, she said one day: 'I want you to meet my father. He's something, professor of history in a jerkwater two-year college, and a great man. Name's Makinowsky from a corner between Poland, Hungary and Czechoslovakia.'

136

When he appeared that day, he was a professor out of Central Casting: short like Nancy, big head of unruly black hair, inquisitive like her, and a joy to talk with. His degrees were a mixed bag, one from Prague, two from those big, grubby institu- tions in New York City that don't play football, so he never progressed beyond the little school in Maryland, where he became the most popular teacher on campus. Now, when he looked at me dressed in my stately uniform with its rows of bright ribbons, he broke into laughter: 'When we landed in England on our way to Normandy in World War II with our medals glaring, a British Tommy shouted: "Blimey! Their whole bloody army is heroes! " ' Nancy interrupted, because like always, she was determined to talk sense: 'I wanted Father to tell you a story, Norman. One that's influenced me profoundly.' Nancy uses the word profound a good deal, because she likes to allocate her time to pro- found subjects. Makinowsky, holding his coffee cup in both hands, peered over the rim, pondering how to start. Then, coughing deferentially, he said: 'One of the most reassuring court decisions of my life- time has attracted little attention. But I stress it with my students. The facts were straight- forward. A married couple in a western state, I think it might have been Utah. They weren't nice people, really, ran a house of prostitution, using three older women whom they treated abomin- ably. Then one Fourth of July they suddenly decided to give the "girls" a vacation, all expenses paid. Drove them to Yellowstone Park, treated them to a great time, and as they drove home to put the girls back to work, they said

"Girls, we appreciate your help," and the girls said "Thanks." 'Well, the Utah authorities arrested the couple for violating the Mann Act, bringing the women back across the Utah state line for immoral pur- poses. Caught dead to rights, no contest, big fine and long jail sentences for the culprits.' 'What's the pointT I asked, my irritation show- ing at such a rambling interruption on a day of some importance to me. 'Like I said, it went to the state court, and some judge wrote a most moving decision. Said the facts in the case were irrefutable, the Mann Act had een transgressed, a crime had been committed, and the punishment was not unreasonable. But, he added, sometimes the law hands down a ju gment which offends the rule of common sense. This was an example. The state of Utah could properly have arrested this couple at any time during the past dozen years for wrongs that they were committing, but they waited until the pair was doing the right thing ... bringing their girls back from a paid holiday. The sense of propriety on which society must rely had been offended. Case reversed. Couple set free.' My father-in-law's narration hit me like a round of mortar fire. The sense of propriety had been offended. I looked at this grizzled fighter, survivor 0 t e dreadful wars of Central Europe, patient teacher of young Americans who were striving to formulate their own judgments of right and wrong, and I suddenly understood what he was saying: 'You think that for United States military officers to stand before the public in full uniform and take the Fifth Amendment offends the rule of common senseT

138

'Norman, you have every right to take the Fifth. Tens of millions of people in Europe and around the world wish their governments gave them such a right. No more tortures, no more of what the Soviets did to my brother and me to make us incriminate ourselves.' 'But for military officers whose job it is. . .'My voice trailed off. 'Yes, it is offensive. Your job is to protect the nation, not yourself.' It must have been apparent to Nancy and her father that I was frightened of what might happen to my wife if I went to jail, for they both started to offer solutions at once. Nancy prevailed: 'I still have that certificate in word-processing. I can sweat it out,' and her father said: 'I have savings.' I dropped my head and mumbled: 'Take ' s a refu- gee from God-knows-where to teach me my own law.' Makinowsky said reassuringly: 'Norman, in the Watergate crisis it required an Italian judge, Sirica, a Polish lawyer, Jaworski, and a black congresswoman from Texas, Jordan, whose grand- father had probably been a slave, to sort things out. And maybe save our Union. You don't always have to find a white Anglo-Saxon Protestant whose ancestors served in the Revolution to do the job. Maybe it takes some simple peasant from Czechoslovakia to point out the truth.' His voice grew sharp and deep, and with his daughter beside him, he repeated: 'Some things are offen-

sive to the rule of common sense. And what you're about to do is one of them.' At this moment Zack McMaster came into the kitchen, saw me in my uniform, ribbons in order, and said: 'Good, I see you're ready.'

1AQ

I was indeed, yet as I looked at Zack in his proper three-piece suit, I was struck again by one of those blinding flashes which can illuminate a human life, or, I think, the life of a nation. I saw not Zack McMaster, but old Jared Starr defiantly signing a declaration which might have caused him to be hanged. Simon Starr, silent in the great debate, powerful in the nighttime argument. Fat old Edmund Starr, sometimes not sure of the legal facts but always determined to support what Marshall assured him was the reasonable deci- sion. Hugh Starr, faithfully supporting Robert E. Lee in a forlorn cause. And courageous Emily Starr, standing alone, against scorn and humilia- tion and abandonment, to do a job which had to be done. They were my peers, my counsellors, they and my wife and my good father-in-law, and I had come perilously close to ignoring them. I now saw the Constitution which my ancestors had helped create, interpret and enlarge as a treasured legacy whose provisions bind the various regions and interests of our nation together. Philosophi- cally as evanescent as a whispering wind, struc- turally more powerful than steel cables, that superb document will be effective only if each new generation believes in it -and keeps it renewed. Slipping out of my military blouse and into an ordinary suit jacket that more or less matched my trousers, I told a startled McMaster: 'I'm ready,' and off we marched to the Senate.

140

The Constitution of the United States

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our poster- ity, do ordain and establish this Constitution for the United States of America.

Article I

SECTION 1 All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

SECTION 2 (1) The House of Representatives shall be composed of members chosen every sec- ond year by the people of the several States, and the electors in each State shall have the qualifica- tions requisite for electors of the most numerous branch of the State legislature. (2) No Person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.

141

(3) Representatives and direct taxes shall be apportioned among the several States which may be included within the Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not excede one for every thirty thousand, but each State shall have at least one Representative, and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. (4) When vacancies happen in the representa- tion from any State, the executive authority thereof shall issue writs of election to fill such vacancies. (5) The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment.

SECTION 3 (1) The Senate of the United States shall be composed of two Senators from each State, chosen by the legislature thereof, for six years; and each Senator shall have one vote. (2) Immediately after they shall be assembled in consequence of the first election, they shall be

142

divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resigna- tion, or otherwise, during the recess of the legisla- ture of any State, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. (3) No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. (4) The Vice President of the United States shall be president of the Senate, but shall have no vote, unless they be equally divided. (5) The Senate shall choose their other officers, and also a president pro tempore, in the absence of the Vice President, or when he shall exercise the office of the President of the United States. (6) The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: and no person shall be con- victed without the concurrence of two thirds of the members present.

(7) judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable 143

and subject to indictment, trial, judgment and punishment, according to law.

SECTION 4 (1) The times, places and manner of holding elections for Senators and Representa- tives, shall be prescribed in each State by the leg- islature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. (2) The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

SECTION 5 (1) Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall consti- tute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penal- ties as each House may provide. (2) Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member. (3) Each House shall keep a journal of its pro- ceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those present, be entered on the journal. (4) Neither House, during the session of Con- gress, shall, without the consent of the other, adjourn for more than three days, nor to any other