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SAM ERVIN JR. UNITED STATES SENATOR AUTOGRAPHED DATED JULY 27TH 1981 8X10 For Sale


SAM ERVIN JR. UNITED STATES SENATOR AUTOGRAPHED DATED JULY 27TH 1981 8X10
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Samuel James Ervin Jr.(September 27, 1896– April 23, 1985) was an American politician who served as aU.S. SenatorfromNorth Carolinafrom 1954 to 1974. ASouthern Democrat, he liked to call himself a \"country lawyer\", and often told humorous stories in hisSouthern drawl.[1]During his Senate career, Ervin was a staunch defender ofJim Crow lawsandracial segregation, as the South\'s constitutional expert during the congressional debates oncivil rights.[2][3]However, unexpectedly, he became a liberal hero for his support ofcivil liberties.[4]He is remembered for his work in the investigation committees that brought down SenatorJoseph McCarthyin 1954 and especially forhis investigationof theWatergate scandalthat led tothe resignationof PresidentRichard Nixonin 1974.[5][6]

Early life and education[edit]

Ervin was born inMorganton, North Carolina, the son of Laura Theresa (Powe) and Samuel James Ervin. He served in theU.S. Armyin combat in France duringWorld War Iwith theFirst DivisionatCantigny[7]andSoissons, and was awarded theDistinguished Service Cross, theSilver Starand twoPurple Hearts.[8]He graduated from theUniversity of North Carolina, where he was a member of theDialectic and Philanthropic Societies, in 1917 and fromHarvard Law Schoolin 1922. Ervin was fond of joking that he was the only student ever to go through Harvard Law \"backwards\", because he took the third-year courses first, then the second-year courses, and finally the first-year courses.[9]

Alreadyadmitted to the barin 1919, before completing law school (later calling himself \"a simplecountry lawyer\"), Ervin entered politics straight out of Harvard.[1]Even before he had received his degree, Democrats inBurke County, North Carolinahad nominated himin absentiafor theNorth Carolina House of Representatives, to which he was elected in 1922, 1924, and 1930.[10][11][12][13][14][15][16]In 1927, in his role as attorney for Burke County, NC, Ervin served as the legal advisor to the local sheriff during the hunt forBroadus Miller, a black man believed to have murdered a teenaged white girl. The county officials invoked the outlaw provision of the North Carolina constitution which permitted any citizen to kill a declared outlaw without formal charges being brought. Miller was shot down while being pursued and his body displayed in the local courthouse square. Ervin was also elected and served as a state judge in the late 1930s and early 1940s.

U.S. Senate career[edit]

Ervin was appointed[when?]to a seat as an associate justice of theNorth Carolina Supreme Courtvacated by the resignation ofMichael Schenck, and was serving in that capacity when he was appointed in June 1954 by GovernorWilliam B. Umsteadto fill the U.S. Senate seat ofClyde Hoey, who had died in office. He ran successfully for the seat in November 1954.

Ervin made a deep impact on American history through his work on two separate committees at the beginning and ending of his career that were critical in bringing down two powerful opponents:Senator Joe McCarthyin 1954 andPresident Richard M. Nixonin 1974. In 1954, then-Vice PresidentRichard Nixonappointed Ervin to a committee formed to investigate whether McCarthy should be censured by the Senate.[8]TheSenate Select Committee to Investigate Campaign Practices, which investigatedWatergate, was popularly known as the \"Ervin Committee\".

In 1956, Senator Ervin helped organize resistance to the 1954Brown v. Board of EducationSupreme Courtdecision calling fordesegregationof schools by draftingThe Southern Manifesto; this influential document encouraged defiance of desegregation and was signed by all but a few of the Southern members of Congress.[17](In his autobiography,Preserving the Constitution, Ervin said he later changed his mind on theBrowndecision, stating that the decision, to the extent it eliminated mandatory segregation, was correct, but that forced integration, required under later decisions, was improper.)

Defenders of Ervin argue that his opposition to mostcivil rightslegislationwas based on his commitment to the preservation of theConstitutionin its pristine formulation, and a general belief that theEqual Protection Clauseof the Constitution only applied to white men. He repeatedly stated that the Constitution encapsulated civil,humanandequal rightsfor all those he considered worthy. There is little if any evidence that he engaged in the racial demagoguery of many of his Southern colleagues. Some historians consider Ervin\'s position to be one of \"cognitive dissonance\" because he opposed federal legislation to combat race-based discrimination, but did not do so in harsh terms. While he once maintained that Americans were entitled to \"their prejudices as well as their allergies\", Ervin\'s defendants claim he did not seem to be motivated by prejudice himself, but more by his suspicion of federal power. Ervin said he disliked what theWarren Court\"has done to the Constitution\".[18]

On March 30, 1965, Ervin announced that he would offer a substitute to the Johnson administration\'s voting rights bill. Ervin referred to the administration\'s bill as cockeyed and unconstitutional, and that his version would provide for federal registers being appointed in areas certified to having findings of racial discrimination as defined under theFifteenth Amendment to the United States Constitution. Ervin said he would seek approval of the Senate Judiciary Committee and that he would carry the fight to the Senate floor in case the committee rejected his legislation.[19]

Ervin was also a staunch opponent of theImmigration and Nationality Act of 1965which abolished nationality quotas beginning in 1968. He felt that the principle of tying allowed numbers of immigrants from a given country to the number of people who had ancestral origins in that country and lived in the United States should be retained.[20]

Meanwhile, Ervin\'sstrict constructionof theConstitutionalso made him aliberalhero for his support ofcivil liberties, his opposition to \"no knock\" search laws, and the growing intrusions ofdata banksandlie-detectortests asinvasions of privacy. In 1966, Senator Ervin played a major role in the defeat of SenatorEverett Dirksen\'s Constitutional amendment to allowprayer in public schools. Ervin also favored theexclusionary ruleunder theFourth Amendment, which made illegally seized evidence inadmissible in criminal trials.

In November 1970, Ervin was one of three Senators (all from Southern states, the others beingJames EastlandandStrom Thurmond) to vote against an occupational safety bill that would establish federal supervision to oversee working conditions.[21]In Ervin\'s case, he was attempting to make it possible for North Carolina to continue its lax regulation of workplace safety, as evidenced by theHamlet chicken processing plant fire.

When the Senate voted on theEqual Rights Amendment(ERA) in 1971, Ervin proposed an amendment that would exempt women from thedraft; Ervin\'s amendment to the ERA overwhelmingly failed.[22]However, he was a staunch opponent of the ERA, and after it passed the Senate Ervin used his influence to dissuade theNorth Carolina General Assemblyfrom ratifying it, maintaining that it was the \"height of folly to command legislative bodies to ignore sex in making laws\".[23]

He became involved in Senate investigations beforeWatergate, when in January 1970 it was revealed byChristopher Pyle, an investigator for Ervin\'sJudiciary Subcommittee on Constitutional Rights, that theU.S. Armywas performing domestic investigations on the civilian population.[24]Ervin\'s further work in the matter over the following years, together with theChurch Committeeinquiries, led to passage of theForeign Intelligence Surveillance Act(after Ervin had left office).

Senate Watergate Committee[edit]Sam Ervin (right), as chair of the Senate Watergate Committee alongsideHoward Baker(center) andFred Thompson(left)

The Chairman is fond of pointing out from time to time that he is just a country lawyer. He omits to say that he graduated from Harvard Law School with honors.

Senate Watergate Committee vice-chairmanHoward Baker(R-TN) on Ervin during the Watergate Hearings[25]

Ervin gained lasting fame through his stewardship of the Senate Select Committee to Investigate Campaign Practices, also known as theSenate Watergate Committee, from the1972 presidential election. Senate Majority LeaderMike Mansfieldchose Ervin because it was unlikely Ervin was going to run for re-election in 1974 (and in fact did not),[26]had no aspirations beyond his office, had deep knowledge of the law and the Constitution, and because he was considered to be an even-keeled, conservative, independent-minded Democrat. President Nixon thought at first that Ervin might potentially be supportive, but that turned out to not be the case.

During the hearings, after announcing that the committee was issuing a subpoena for theNixon White House tapesfollowingAlexander Butterfieldrevealing the existence of the taping system installed in the Oval Office, Ervin proclaimed that Watergate had surpassed theAmerican Civil Waras the worst tragedy in the country\'s history. He also famously sparred with Nixon chief domestic policy advisorJohn Ehrlichmanabout whether constitutional law allowed a President to sanction such actions as theWhite House Plumbers\' break-in at the Democratic National Committee headquarters at the Watergate office complex and their break-in at the office of the psychiatrist toDaniel Ellsberg, the former assistant to the Assistant Secretary of Defense for International Security Affairs who had leaked thePentagon Papers.[27]

Ervin:But the foreign intelligence activities was not – had nothing to do with the...the opinion of Ellsberg\'s psychiatrist about his intellectual or emotional or psychological state!
Ehrlichman:How do you know that, Mr. Chairman?
Ervin:Because I can understand the English language! It\'s my mother tongue!

Applause ensued, and Ervin had to bang his gavel to restore order. Following the 1972 elections, Ervin proposed five bills to limit the power of the presidency. Two restricted the President\'s ability to use funds for reasons other than their appropriated purpose, one allowed more congressional oversight of appointed officials, one banned the President frompocket vetoinglegislation when Congress was not in session, and the final bill required the President to inform Congress of anyexecutive agreementsmade with foreign governments.[28]

Later life[edit]

As a result of numerous ongoing disputes with the Senate Democratic leadership and theDemocratic National Committee, Ervin resigned in December 1974, just before his term ended. After retirement, Ervin practiced law, wrote several books, and appeared in various commercials for products. As a lawyer, he served as a co-counsel withWomble Carlyle Sandridge & Rice PLLCon several high-profile cases, including a successful appeal inJoyner v. Duncan.[29]In 1973, Ervin was recorded onCBS Recordsfor the LP record,Senator Sam at Home, which featured tracks of Ervin speaking his mind and telling anecdotes, separated by tracks of him singing popular songs. One of those songs, \"Bridge Over Troubled Water\" was released as a single,[30]and subsequently appeared on the 1991 compilation albumGolden Throats2.

Ervin was initiated into theFreemasons,[31]where he was elevated to the 33rd and highest degree ofMaster Mason.[32][33]

Ervin died in 1985 at a hospital inWinston-Salem, North Carolina, from complications ofemphysema. He was 88 years old. His funeral was attended by numerous dignitaries, including former presidentRichard Nixonand members of his administration.[citation needed]

Legacy[edit]Entrance to Ervin Library atWestern Piedmont Community Collegein MorgantonErvin\'s Senate deskA glimpse of Ervin\'s restored office

Ervin\'s son,Samuel J. Ervin, III, was appointed in 1980 to theUnited States Court of Appeals for the Fourth Circuitby PresidentJimmy Carter.[8]His grandson,Sam J. Ervin, IV, was elected in 2008 to theNorth Carolina Court of Appeals[34]and in 2014 to the North Carolina Supreme Court.[35]Another grandson,Robert C. Ervin, was elected in 2002 as a North CarolinaSuperior CourtJudge for District 25A.

Ervin\'s office and personal library has been preserved as the \"Senator Sam J. Ervin Jr. Library and Museum\", which is housed in the Phifer Learning Resource Center atWestern Piedmont Community Collegein his hometown of Morganton

Privacy activism[edit]

In a 1964 essay called \"The Naked Society\",Vance Packardcriticized advertisers\' unfettered use of private information to create marketing schemes. He compared a recentGreat Societyinitiative by then-presidentLyndon B. Johnson, theNational Data Bank, to the use of information by advertisers and argued for increaseddata privacymeasures to ensure that information did not find its way into the wrong hands. The essay inspired Ervin to fight what he saw as Johnson\'s flagrant disregard for consumer privacy. He criticized Johnson\'s domestic agenda as invasive and saw the unfiltered database of consumers\' information as a sign of presidential abuse of power. Ervin warned that \"The computer never forgets\".[36]

Accolades[edit]
  • 1972:Paul WhiteAward,Radio Television Digital News Association[37]
  • 1981: Golden Plate Award of theAmerican Academy of style=\"margin: 0.5em 0px; color: rgb(32, 33, 34); font-family: sans-serif; font-size: 14px;\">In an interview[39]onWilliam F. Buckley\'sFiring Lineprogram, Ervin suggested that people in public life need to have more \"backbone\", and Buckley playfully suggestedGordon Liddyas a model to which Ervin responded, \"Well, Gordon Liddy has a little too much backbone. I\'ll have to admit that I have a sort of sneaking admiration for a fellow like Gordon Liddy that does have an excess of backbone. His backbone exceeds his intelligence, really.\"

    Ervin was a staunch opponent of thepolygraphcalling the tests \"20th century witchcraft\":

    Probably no instrument in modern time so lends itself to threats to constitutional guarantees of individual freedom as the polygraph or so-called lie detector. The threat of its use or the intimidation inherent in its use restricts free expression and communication of ideas, intrudes on an individual\'s subconscious thought, makes him fear to speak his thoughts freely, or compels him to speak against his will. To my mind, the entire purpose of these machines is to invade a man\'s mind and find what lurks in the innermost part of his mental consciousness for reasons which have nothing to do with his ability to perform a job. If the right of privacy means anything at all and if it is a right to be cherished in our society, it means that people should be entitled to have thoughts, hopes, desires, and dreams that are beyond the reach of a bureaucrat, an employer, or an electronic technician. This is something which enthusiasts for these machines do not seem to understand. They do not understand and they do not appreciate how important privacy is to each American, and as long as that lesson is not understood, we all will find our right to privacy constricted if not abrogated entirely. I propose this legislation to ban the use of the polygraph for employment purposes in the hopes that Congress will pause for a moment, step back, and take a long look at the issues involved in the unrestrained use of the polygraph. Legislation is necessary to bring some order and control to the practice ...[40]

    He also famously said of religion and government:

    Political freedom cannot exist in any land where religion controls the state, and religious freedom cannot exist in any land where the state controls religion.[41]

    On civil liberties and equal rights:

    \"Equal civil liberties for all and special civil rights for some are incompatible in concept and operation.\" Preserving the Constitution, p. 163



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    SAM ERVIN JR. UNITED STATES SENATOR AUTOGRAPHED DATED JULY 27TH 1981 8X10 picture

    SAM ERVIN JR. UNITED STATES SENATOR AUTOGRAPHED DATED JULY 27TH 1981 8X10

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