Sam J. Ervin, Jr.

Samuel James Ervin Jr. (September 27, 1896April 23, 1985) was an American politician who served as a U.S. Senator from North Carolina from 1954 to 1974. A Southern Democrat, he liked to call himself a "country lawyer", and often told humorous stories in his Southern drawl. During his Senate career, Ervin was at first a staunch defender of Jim Crow laws and racial segregation, as the South's constitutional expert during the congressional debates on civil rights. However, unexpectedly, he became a liberal hero for his support of civil liberties. He is remembered for his work in the investigation committees that brought down Senator Joseph McCarthy in 1954 and especially for his leadership of the Senate committee's investigation of the Watergate scandal that led to the resignation of President Richard Nixon in 1974.

Early life and education

Ervin was born in Morganton, North Carolina, the son of Laura Theresa (Powe) and Samuel James Ervin. He served in the U.S. Army in combat in France during World War I with the First Division at Cantigny and Soissons, and was awarded the Distinguished Service Cross, the Silver Star and two Purple Hearts. He graduated from the University of North Carolina, where he was a member of the Dialectic and Philanthropic Societies, in 1917 and from Harvard Law School in 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.

Already admitted to the bar in 1919, before completing law school (later calling himself "a simple country lawyer"), Ervin entered politics straight out of Harvard.
https://web.archive.org/web/20090508053307/http://www.time.com/time/magazine/article/0,9171,967571,00.htm
Sam Ervin, during the Watergate hearings
/ref> Even before he had received his degree, Democrats in Burke County, North Carolina had nominated him ''in absentia'' for the North Carolina House of Representatives, to which he was elected in 1922, 1924, and 1930. In 1927, in his role as attorney for Burke County, NC, Ervin served as the legal advisor to the local sheriff during the hunt for Broadus 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

In 1948, Ervin was appointed to a seat as an associate justice of the North Carolina Supreme Court vacated by the resignation of Michael Schenck, and was serving in that capacity when he was appointed in June 1954 by Governor William B. Umstead to fill the U.S. Senate seat of Clyde 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 McCarthy in 1954 and President Richard M. Nixon in 1974. In 1954, then-Vice President Richard Nixon appointed Ervin to a committee formed to investigate whether McCarthy should be censured by the Senate. The Senate Select Committee to Investigate Campaign Practices, which investigated Watergate, was popularly known as the "Ervin Committee".

In 1956, Senator Ervin helped organize resistance to the 1954 ''Brown v. Board of Education'' Supreme Court decision calling for desegregation of schools by drafting The Southern Manifesto; this influential document encouraged defiance of desegregation and was signed by all but a few of the Southern members of Congress. (In his autobiography, ''Preserving the Constitution'', Ervin said he later changed his mind on the ''Brown'' decision, 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 most civil rights legislation was based on his commitment to the preservation of the Constitution in its pristine formulation, and a general belief that the Equal Protection Clause of the Constitution only applied to white men. He repeatedly stated that the Constitution encapsulated civil, human and equal rights for 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 defenders claim he did not seem to be motivated by prejudice himself, but more by his suspicion of federal power. Ervin said he disliked what the Warren Court "has done to the Constitution".

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 the Fifteenth 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.

Ervin was also a staunch opponent of the Immigration and Nationality Act of 1965 which 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.

Meanwhile, Ervin's strict construction of the Constitution also made him a liberal hero for his support of civil liberties, his opposition to "no knock" search laws, and the growing intrusions of data banks and lie-detector tests as invasions of privacy. In 1966, Senator Ervin played a major role in the defeat of Senator Everett Dirksen's Constitutional amendment to allow prayer in public schools. Ervin also favored the exclusionary rule under the Fourth Amendment, which made illegally seized evidence inadmissible in criminal trials.

Ervin was a strong proponent of American involvement in the Vietnam War, and once said "We ought to bomb the North Vietnamese out of existence."

In November 1970, Ervin was one of three Senators (all from Southern states, the others being James Eastland and Strom Thurmond) to vote against an occupational safety bill that would establish federal supervision to oversee working conditions. 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 the Hamlet chicken processing plant fire.

When the Senate voted on the Equal Rights Amendment (ERA) in 1971, Ervin proposed an amendment that would exempt women from the draft; Ervin's amendment to the ERA overwhelmingly failed. However, he was a staunch opponent of the ERA, and after it passed the Senate Ervin used his influence to dissuade the North Carolina General Assembly from ratifying it, maintaining that it was the "height of folly to command legislative bodies to ignore sex in making laws".Ervin Jr., Sam J. "The Question Of Ratification Of The Equal Rights Amendment CON." Congressional Digest 56.6/7 (1977): 171. Academic Search Premier. EBSCO. Retrieved: 2010-08-3.

He became involved in Senate investigations before Watergate, when in January 1970 it was revealed by Christopher Pyle, an investigator for Ervin's Judiciary Subcommittee on Constitutional Rights, that the U.S. Army was performing domestic investigations on the civilian population. Ervin's further work in the matter over the following years, together with the Church Committee inquiries, led to passage of the Foreign Intelligence Surveillance Act

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