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    "parsed_content": "AdvertisementSKIP ADVERTISEMENTSupported bySKIP ADVERTISEMENTAre There Too Many Lawyers in Congress?Share full articleBy ANDREW HACKERJan. 5, 1964Credit...The New York Times ArchivesSee the article in its original context from January 5, 1964, Page 0Buy ReprintsView on timesmachineTimesMachine is an exclusive benefit for home delivery and digital subscribers.About the ArchiveThis is a digitized version of an article from The Times\u2019s print archive, before the start of online publication in 1996. To preserve these articles as they originally appeared, The Times does not alter, edit or update them.Occasionally the digitization process introduces transcription errors or other problems; we are continuing to work to improve these archived versions.AS Congress prepares to open its second session this week, the by\u00adnow\u2010familiar calls for reform of its rules and procedure are again resounding. Yet in the final analysis much of the criticism turns on the character and quality of the men and women who actually transact the na\u00adtion's legislative business. While there is no such thing as a \u201ctypical\u201d Con\u00adgressman, what does stand out is that by training and occupation a majority of our Senators and Representatives are lawyers.Of the 535 members of the 88th Con\u00adgress, no less than 315 are lawyers. Sixty\u2010six of the 100 Senators have had legal training, as have 57 per cent, or 249, of those in the House. The second most popular profession in the Congress is that broad category called \u201cbusinessman,\u201d and it is less than half the size of the legal contingent. It may well be that the Congress has too many lawyers for its own\u2014and the nation's\u2014good. Moreover, the preponderance of lawyers on Capitol Hill reveals some discomforting facts about the supply of people who are available for poli\u00adtical careers.To be sure, lawyers have always played a dominant role in American politics. \u201cThe government of demo\u00adcracy is favorable to the political pow\u00ader of lawyers,\u201d Alexis de Tocqueville wrote more than a century ago, and the early history of our nation con\u00adfirmed his observations. Of the 56 signers of the Declaration of Indepen\u00addence, 25 were lawyers, as were 31 of the 55 men who served in the Continen\u00adtal Congress. No other country has drawn on its legal profession to a com\u00adparable extent. In the British House of Commons, less than a quarter of the M.P.'s are lawyers, and only 15 per cent of the Deputies in the French National Assembly have legal back\u00adgrounds.Both Britain and France have been able to draw for their lawmakers on groups of citizens \u2014 ranging from peo\u00adple of inherited wealth to trade\u2010union functionaries\u2014who are either unavail\u00adable or unacceptable to many American voters. In essence, Tocqueville said that a truly democratic society will recruit its politicians on the basis of individual talent, rather than class or family back\u00adground. In such a setting, lawyers are likely to possess both the skills and the opportunities that ease their entry onto the political scene.IF, then, the Congress is largely a lawyer's preserve, the reason is simply that most serious politicians are law\u00adyers\u2014and all Congressmen are serious politicians. Unlike all too many other Americans, lawyers can participate in party politics on a day\u2010to\u2010day and year\u00adaround basis. Most of the 250,000 at\u00adtorneys practicing in this country are self\u2010employed and they can, if they are so inclined, make time for all of the favors, errands and meetings that com\u00adANDREW HACKER is an associate professor of government at Cornell. He wrote \u201cPoliti\u00adcal Theory: Philosophy, Ideology, Science.\u201dMOST of the lawyers now sitting in Congress began at the bottom, running for such posts as district attorney or state legislator. In many cases, they ran with the awareness that being a candidate is a form of \u201cethical ad\u00advertising\u201d for the young man who needs to build up a practice. Political activity can be rewarding for a lawyer: courts appoint trustees, guardians and referees and as often as not these remunerative assignments are bestowed on lawyers with records of party service. Finally, those with a law degree can almost always take up practice again at the close of \u2014 or in the intervals between\u2014spells in public office. From the Thomas E. Deweys and Richard Nixons to the one\u2010term Congressman who has been defeated in his bid for re\u2010election, the lawyer\u2010politician usually finds that he has gained the reputation and the contacts to resume his profession, often at a far higher level than before his political career.The political availability of lawyers is accompanied by a widespread feeling that there is a certain logic in electing men who possess legal backgrounds. What most voters do not know, how\u00adever, is that Congressmen have long since given up the actual job of writing the bills they enact into law. Senators and Representatives may originate ideas for legislation, sketching out the provisions they have in mind, but the precise work of drafting is done else\u00adwhere.IN the office of the legislative counsel of each house, an expert and nonparti\u00adsan staff performs the technical tasks of looking up precedents and framing proposed legislation in statutory lan\u00adguage. There are also lawyers on the committee staffs who draft and revise bills as they proceed through the gamut of conferences and compromise. And a host of Washington lawyers, some mo\u00adtivated by love, and others by money, continually writes bills which are handed over to sympathetic Congress\u00admen. Some of these lawyers are lob\u00adbyists representing special interests. and it is not at all unusual for them to draft the laws they hope to see en\u00adacted on their clients\u2019 behalf.While nonlawyers are in a Congres\u00adsional minority, none has found his lack of legal training an impediment to full participation in legislative busi\u00adness. Physicians, professors, ministers and journalists have all had successful careers in both Houses of Congress and have given their names to as many bills as their colleagues with law de\u00adgrees. As a former editor now in the Senate points out, \u201cThe conversation, the dialogue,Yet several of the nonlaw\u00adyers are rather more critical in their assessments of their colleagues. \u201cToo often the law\u00adyer, hanging on every word and finding many meanings in every phrase, sees only the details and not the full scope of a bill,\u201d an ex\u2010professor com\u00adplained. His complaint, of course, expresses much of theBUT the legal mentality, if such a thing exists, can go beyond a concern for techni\u00adcalities and niceties of lan\u00adguage: It can also serve as a constraint on the legislative imagination. This, at least, was the view of a former teacher now in Congress who felt, per\u00adhaps not surprisingly, that \u201ceducation in history and the liberal arts provides a better background for participation in the decisions which the Con\u00adgress is called upon to make.\u201dBut if lawyerlike quibbling frequently annoys those out\u00adside the fraternity it can\u2014in the Congress\u2014have a serious political purpose behind it. Congressmen, it hardly need be said, are masters of the delaying action and are well aware that a virtual veto comes into effect as the clock runs out. More often than not, the real purpose of legal jar\u00adgon is to block legislation, and raising objections about arcane phraseology can be as apt a way of talking a bill to death in committee as denouncingWhile it is doubtless true that lawyers both in and out of Congress tend to the con\u00adservative side, the reason is less their legal temperament than the fact that most of them are upper\u2010middle\u2010class in status and orientation. It has yet to be shown that train\u00ading in a particular profession, in and of itself, gives substan\u00adtial shape to an individual's political outlook; some of the more articulate liberals in the Congress\u2014for example, Wayne Morse and Emanuel Celler\u2014have legal backgrounds. But in the final analysis, conserva\u00adtive Congressmen, intent on resisting innovation, are the ones who most frequently use their training in the law to political advantage.THIS is especially true with the Southerners, whose adroit\u00adness at constitutional argu\u00admentation has sounded the death knell for numberless bills in recent sessions. Every member of the Alabama and Arkansas delegations in the current House of Representa\u00adtives is a lawyer, as are four out of five of Mississippi's Con\u00adgressmen. In fact, 74 of the 106 Southern Representatives are lawyers, a substantially higher proportion than that contributed by any other region.Nevertheless, if Southern lawyers in the Congress are conservatives, the reason is their Southern origin, and not because they happen to be lawyers. If they were histori\u00adans or sociologists, their rhe\u00adtoric might take a different form, but the strategy behind it would be much the same as it is now.The \u201clegal mind\u201d as it is en\u00adcountered in Congress is a far cry from the image of the lawyer held by many Ameri\u00adcans. The legal profession is often epitomized by its higher and more prestigious reaches, the large corporation firms of New York, Boston and Phila\u00addelphia, and the elite law schools in Cambridge, New Haven and on Morningside Heights. But few of the law\u00adyers in Congress come from these sources.IN the Senate only Joseph Clark and Clifford Case were prominent corporation counsel before entering politics, and only a handful of their col\u00adleagues are products of the top Eastern law schools. Most of those who received their training at Ivy League institu\u00adtions returned to their home state immediately after grad\u00aduation and made every effort to look and act as if they had never really left North Carolina, Alabama or Tennes\u00adsee.Such would certainly appear to be the case with Sam Ervin, Lister Hill and the late Estes Kefauver, who knew that their Harvard, Columbia and Yale diplomas carried little weight with the folks back home. MostThere might be no quarrel with the large number of law\u00adyers in the Congress if their presence were some indication that traditional legal safe\u00adguards would be written into legislation and preserved in other aspects of the lawmaking process. Yet there are occasions when just the opposite seems to occur, as, for example, with the Jenner\u2010Butler bill of 1958, probably the most irrespon\u00adsible proposal to come to a vote on Capitol Hill in recent years.It was, essentially, an at\u00adtempt to place severe limits on the appellate jurisdiction of the Supreme Court, especially in the area of civil liberties. The bill would have prevented the Court from reviewing state subversive\u2010control laws even if such legislation patently in\u00adfringed upon the First Amend\u00adment. It passed the House, by a vote of 241 to 155. Fortunate\u00adly, it failed in the Senate\u2014by a margin of one vote: 40 to 41. Most disturbing was the fact that in both the Senate and the House of Representa\u00adtives a majority of the law\u00adyer\u2010Congressmen voted for the bill. That the Senate managed to defeat the proposal was due to the nonlawyers, a majority of whom opposed it.THE \u201clegal mind\u201d in its best sense is supposed to embody a fundamental commitment to the rule of law as a means of protecting the rights of citizens. This, when all is said and done, is what the law is all about. But the experience of Congressional investigation suggests that our lawmaking lawyers have been little in\u00adfluenced by the principles oneMost members of the House Committee on Un\u2010American Activities, for example, have been lawyers, yet they have been almost uniformly insensi\u00adtive to suggestions that wit\u00adnesses be permitted to cross\u00adexamine their accusers, or that innocence should be presumed until guilt is proven. On the contrary, hearings have been televised, and committee mem\u00adbers have felt free to combine the roles of judge, prosecutor and jury.Legislative investigations may not be \u201ctrials\u201d in the formal sense, but they have the consequences of judicial proceedings for many who run afoul of them. If safeguards for witnesses are needed, the demand has been studiously ignored by the Congress. The members of investigating panels who have legal back\u00adgrounds give every indication of having left their professional credentials at the door when they began exposing the pre\u00adsumed misdeeds of subver\u00adsives, trade\u2010union officials, corporation executives and government enmployes.In a more sanguine moment, Alexis de Tocqueville spoke of political lawyers as an \u201caristo\u00adcratic element\u201d in a democratic society, and he hoped that through their dedication to in\u00addividual liberty they might serve as a barrier against ma\u00adjority tyranny. This was one of the few scores on which he was wrong. The lawyers in Congress, no less than their lay colleagues\u2014and often more so\u2014have been quick to respond to the pressure of majority sentiment, even when popular opinion has come down on the side of legislation with harm\u00adful long\u2010term consequences.THE \u201clegal mind\u201d of Capitol Hill is too much that of the local lawyer, reflecting not only a parochial training but a general professional experi\u00adence that is inevitably limited in its horizons. Rural areas, particularly those in the South, send a disproportionate number of lawyers to Congress; law\u00adyers are among the few people in such parts of the countryBig\u2010city districts, too, send a large number of lawyers to Congress, most of whom still identify with their neighbor\u00adhood practices and their ties to the urban machines and local interests clustering around them. This circum\u00adstance raises an additional problem: Many of these law\u00adyers continue as partners in their old firms, and the ques\u00adtion arises whether all the legal business that comes their way is inspired by wholly dis\u00adinterested motives.IT is too simple to say that the lawyers sitting in Congress merely represent the outlook of their constituents. We know very little about what voters \u201cwant\u201d from their Congress\u00admen or how much they like what they ultimately get. What we do know, however, is that there is a shortage of recruits for both party ana political of\u00adfice, and lawyers tend to jump to the head of what is really a very short queue.Moreover, it is a matter of record that most Congressional districts are uncompetitive, so voters must be content with the candidate whom the domi\u00adnant party presents to them\u2014and he usually happens to be a lawyer. And when there is a genuine two\u2010party contest the odds are high that two lawyers will be running against each other.The bias of our political sys\u00adtem in favor of the self\u2010em\u00adployed practitioner may have been appropriate when a ma\u00adjority of middle\u2010class Ameri\u00adcans were themselves self\u2010em\u00adployed and wanted a Congress\u00adman with the small \u2010 town, small\u2010business outlook to rep\u00adresent them. But those days have long passed, and the real danger today is that the Con\u00adgress is becoming alienated from the mainstream of the country's life. However, the lawyers on Capitol Hill are fiIIing a vacuum and unless other citizens, reflecting dif\u00adferent backgrounds and view\u00adpoints, take the political plunge our laws will continue to be made for us by lawyers.This article can be viewed in its original form. Please send questions and feedback to archive_feedback@nytimes.comShare full articleRelated ContentAdvertisementSKIP ADVERTISEMENT",
    "ai_headline": "Are There Too Many Lawyers in Congress?",
    "ai_simplified_title": "Hacker Analyzes Lawyer Dominance in US Congress 1964",
    "ai_excerpt": "This 1964 article by Andrew Hacker examines the overrepresentation of lawyers in the US Congress. It explores the implications of this dominance, questioning whether it serves the nation's best interests and impacts the legislative process.",
    "ai_subject_tags": [
        "US Congress",
        "Lawyers",
        "Politics",
        "Legislative Process",
        "Political Representation",
        "1960s"
    ],
    "ai_context_type": "Analysis",
    "ai_context_details": {
        "tone": "analytical",
        "perspective": "critical",
        "audience": "general",
        "credibility_indicators": [
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