Birch Bayh

Birch Bayh, One Of The Best Senators Of Late 20th Century Dead At Age 91, A Truly Creative Legislator Who Should Have Been President

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Former Indiana Senator Birch Bayh, who served in the Senate from 1963-1981, passed away this week at age 91.

Birch Bayh was one of the best United States Senators of the late 20th century, a truly creative legislator who should have been President.

He competed in 1976 for the Democratic Presidential nomination against Jimmy Carter and many others, and he was the favorite of this blogger and author.

This is a man who promoted the passage of the 25th Amendment, providing for an Acting President if the President was incapacitated, and of the appointment and approval of a Vice Presidential replacement when there was a vacancy in that office.

This was the reaction of Bayh and others after John F. Kennedy was assassinated in 1963, and with Lyndon B. Johnson having had a serious heart attack in 1955, and with potential successors being House Speaker John W. McCormack (age 73), and President Pro Tempore of the Senate Carl Hayden (age 86).

Bayh also promoted the 26th Amendment, giving 18 years olds the right to vote, and he also sponsored the unsuccessful Equal Rights Amendment, which failed of passage by enough states.

He also sponsored Title 9 of the amended Civil Rights Act in 1972, ending quotas for women in higher education and giving women equal opportunity to participate in sports.

Additionally, Bayh saved Massachusetts Senator Ted Kennedy when they were both in a small plane crash in 1964.

Bayh was the father of Indiana Governor and Senator Evan Bayh. He won three close races in Indiana, and then was defeated by future Vice President Dan Quayle in 1980.

Two Former Democratic Senators On Way To Return To US Senate: Russ Feingold And Evan Bayh!

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It seems as if two former Democratic Senators are on their way to a return to the US Senate this November.

Russ Feingold of Wisconsin, one of the very best progressive oriented Senators in all of American history, who lost his seat in the 2010 midterm elections to businessman and Republican Ron Johnson, after serving from 1992-2010, is now way ahead of Johnson, and so we will have a rare rematch. Johnson has been a horrible, extremist right wing Senator, and his leaving the Senate will be a plus for the institution, and re-install the progressive tradition, established by the La Follette father and son, Robert Sr. and Robert Jr. a century ago, and followed up by William Proxmire, Gaylord Nelson and Feingold.

Evan Bayh of Indiana, son of the great liberal Senator Birch Bayh, served in the Senate from 1998-2010, and chose not to run for reelection, but now is coming back to win his Senate seat. Bayh is much more moderate than his dad was, but Indiana is a tough state for a progressive, and Bayh is a plus for the Democrats, as they attempt to win a Senate majority, so important for the Supreme Court future.

The odds of a Democratic takeover of the Senate is growing as we come down to one month to the elections.

Evan Bayh Guarantees Indiana Will Go To The Democratic Presidential Nominee, Hillary Clinton!

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Former Indiana Senator Evan Byah, the son of former Senator Birch Bayh, chose not to run for reelection in 2010 after 12 years in the Senate.

But now, six years later, he has decided to come back and run for his seat, and will likely take it away from whomever the Republicans run to succeed retiring Senator Dan Coats, who also gave up his seat and then came back to run again for it in 2010.

We can chalk this up as a certain Democratic gain toward their hoped for majority in the US Senate, which will be crucial in so many ways, including the confirmation of Supreme Court Justices.

Bayh is a moderate centrist Democrat, the kind who can help Hillary Clinton win Indiana, which Barack Obama won in 2008 but lost in 2012.

So at least one “Red” state can be considered a gain for the Democrats, insuring even more that Hillary will be elected the 45th President of the United States in November.

The Constitutional Crisis We Tend To Forget: Richard Nixon, Spiro Agnew, And Gerald Ford In 1973

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The tragedy of the John F. Kennedy Assassination in 1963 led to a decision that the nation needed an amendment to provide for a replacement Vice President, when there was a vacancy in that office.  We were faced with a Speaker of the House, John McCormack, who was 73, and a President Pro Tempore of the US Senate, Carl Hayden, who was 86, at a time when the new President, Lyndon B. Johnson, had had a severe heart attack eight years earlier.

This was a delicate time, and led Senator Birch Bayh of Indiana, and other legislators, to promote the 25th Amendment, which was added to the Constitution in 1967.  And that made the constitutional crisis which followed six years later a little easier to deal with.

Richard Nixon became the most lawless President in American history, as a result of the Watergate Scandal and other scandals.  But Vice President Spiro Agnew also became the most lawless Vice President in American history, and thank goodness we found out about Agnew’s lawlessness, including bribery and accepting cash gifts in the Vice President’s office, which Agnew had also done while Governor of Maryland and Baltimore County Executive.

Instead of having Speaker of the House Carl Albert of Oklahoma as next in line, with Albert unwilling to take on the responsibility, the 25th Amendment allowed the appointment and confirmation by both houses of Congress of House Minority Leader Gerald Ford.

Ford became Vice President within two months of the Agnew resignation on October 10, 1973. and when he became President, Ford appointed and gained the approval of both houses of Congress to the appointment of former New York Governor Nelson Rockefeller as his Vice President, although it took four months to get him confirmed.

The problem of most Speakers of the House is their lack of competence to be President, which is still a problem for a period of months until a new Vice President is appointed and confirmed.  And also, three out of four years since 1947, the Speaker and or the President Pro Tempore of the Senate have been from the opposition party of the President.

So this still requires what this blogger has suggested in the past week in the midst of the Speakership crisis—a return to the Presidential Succession Act of 1886, which provided for Cabinet officers to succeed the President and Vice President, rather than the present law, the Presidential Succession Act of 1947, which leaves us with the crisis we face now!

JFK In 1960; Carter In 1976; Clinton In 1992; Obama In 2008; Vs Martin O’Malley In 2016: Why The Difference In Fortunes?

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In 1960, Senator John F. Kennedy overcame Senator Lyndon B. Johnson, Senator Hubert Humphrey, and Senator Stuart Symington to win the Democratic Presidential nomination, despite being Roman Catholic in religion, and offered “a new generation” of leadership, after President Dwight D. Eisenhower.

In 1976, former Georgia Governor Jimmy Carter overcame Senator Frank Church, Senator Birch Bayh, Governor Jerry Brown, and Congressman Morris Udall to win the Democratic Presidential nomination, despite being the first Southerner since 1848, and offered “a new generation” of leadership, after President Gerald Ford.

In 1992, Arkansas Governor Bill Clinton overcame former Senator Paul Tsongas, Senator Tom Harkin, Senator Bob Kerrey, and former Governor Jerry Brown to win the Democratic Presidential nomination, despite revelation of a sex scandal, and offered “a new generation” of leadership, after President George H. W. Bush.

In 2008, Senator Barack Obama overcame Senator Hillary Clinton, Senator Joe Biden,  Senator Chris Dodd and Governor Bill Richardson to win the Democratic Presidential nomination, despite being African American, and offered “a new generation” of leadership, after President George W. Bush.

In 2016, former Maryland Governor Martin O’Malley, despite his outstanding record as Baltimore Mayor and Maryland Governor, has gained no traction against Hillary Clinton, Joe Biden, and even Socialist Bernie Sanders, all much older than him, and despite O’Malley offering “a new generation of leadership”, instead of going “backward” a generation in age from President Barack Obama.

The question is why O’Malley has gained no substantial support, despite his charisma and good looks, often seen as equivalent to how JFK, Carter, Clinton and Obama came across as being, before being elected President of the United States.

The concern is that the Republicans may nominate a candidate who is much younger than the Democratic nominee, someone such as Marco Rubio, Ted Cruz, or Rand Paul.  History tell us that most often,  the younger nominee wins over the older nominee opponent, as with Kennedy and Richard Nixon, Carter and Gerald Ford, Clinton and George H. W. Bush, and Obama and Hillary Clinton.

The Democrats, in theory, have a “bench” of potential younger candidates in the future, including New York Senator Kirsten Gillibrand, New Jersey Senator Cory Booker, Minnesota Amy Klobuchar, and Housing and Urban Development Secretary Julian Castro, along with the potential of new senators and governors who might be elected in 2016 and beyond.  But for right now, O’Malley is the Democratic “bench”, and he has failed to stir any support, very frustrating to him and anyone who is worried about the “old timers” who are the top three Democratic nominees for the Presidency this time around.

Evan Bayh: Not His Father, Birch Bayh! The Abandonment Of Principle!

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Former Indiana Senator and Governor Evan Bayh, the son of the highly reputable and liberal Senator Birch Bayh (1963-1981), has demonstrated that he is NOT his dad in any way, shape or form!

Birch Bayh, a close friend of Senator Ted Kennedy and other liberal champions, including Frank Church of Idaho, George McGovern of South Dakota, and Gaylord Nelson of Wisconsin, was a Senator who the author greatly admired, and wished for the success of his Presidential candidacy in 1976, which unfortunately was a flop!

His son Evan became regarded as his heir in so many ways, and served two successful terms as Indiana Governor at a very young age, followed by two terms in the Senate.

Like his dad, he was considered a possible Presidential candidate, and even was on the short list for Vice President in 2000, 2004, and 2008.

Seen as “principled”, he decided that he did not want to be part of Washington DC politics anymore in 2010, after the Citizens United Case of the Supreme Court, giving corporations free rein to contribute to political campaigns, including the infamous Chambers of Commerce, which proceeded to work actively to elect GOP candidates through raising of inordinate amounts of money. The result was the biggest switch in seats in the House since 1938 for a midterm election.

So Bayh quit the Senate, after having worked to undermine Barack Obama’s agenda in 2009-2010, gaining an image as one of the most conservative Senators in the Democratic Party, as unreliable for his President and party on important votes.

And what has Evan Bayh done since? He has gone over to the “enemy”, the Republicans and the conservative business interests!

First, he joined Fox News Channel as a commentator, raising the eyebrows of many progressives.

Now he has agreed to work for the Chambers of Commerce itself as a lobbyist for big business!

Birch Bayh is still alive at age 83, and one wonders in his heart of hearts, how he feels about what his son, Evan, has done!

What is certain is that Evan Bayh is a turncoat to the progressives and liberals who once believed in him and his leadership, as they did with his father Birch 30-50 years ago! This is indeed a sad moment!