Бирч Эванс Бэй младший: Американ саяхатшысы және заңгер

American lawyer and politician
his father, the basketball and baseball coach

Birch Evans Bayh Jr. (/b//aɪ/; January 22, 1928 – March 14, 2019) was an American Democratic Party politician who served as U. S. Senator from Indiana from 1963 to 1981. He was first elected to office in 1954, when he won election to the Indiana House of Representatives; in 1958, he was elected Speaker, the youngest person to hold that office in the state's history. In 1962, he ran for the U. S. Senate, narrowly defeating incumbent Republican Homer E. Capehart. Shortly after entering the Senate, he became Chairman of the Subcommittee on Constitutional Amendments, and in that role authored two constitutional amendments: the Twenty fifth—which establishes procedures for an orderly transition of power in the case of the death, disability, or resignation of the President of the United States—and the Twenty sixth, which lowered the voting age to 18 throughout the United States. He is the first person since James Madison and only non–Founding Father to have authored more than one constitutional amendment. Bayh also led unsuccessful efforts to ratify the Equal Rights Amendment and eliminate the Electoral College. Bayh authored Title IX of the Higher Education Act of 1965, which bans gender discrimination in higher education institutions that receive federal funding. He also authored the Juvenile Justice and Delinquency Prevention Act, and co authored the Bayh–Dole Act, which deals with intellectual property that arises from federal government funded research. Bayh voted in favor of the Civil Rights Acts of 1964 and 1968, as well as the Voting Rights Act of 1965 and the confirmation of Thurgood Marshall to the U. S. Supreme Court. He led the Senate opposition to the nominations of Clement Haynsworth and G. Harrold Carswell, two of Richard Nixon's unsuccessful Supreme Court nominees. Bayh intended to seek the Democratic presidential nomination in 1972, but declined to run after his wife was diagnosed with cancer. He sought the Democratic presidential nomination in 1976, but dropped out of the campaign after disappointing finishes in the first set of primaries and caucuses. Bayh won re election in 1968 and 1974, but lost his 1980 bid for a fourth term to Dan Quayle. After leaving the Senate, he remained active in the political and legal world. His son, Evan Bayh, served as the 46th Governor of Indiana and held his father's former U. S. Senate seat from 1999 to 2011.

Bayh was born in Terre Haute, Indiana, the son of Leah Ward (née Hollingsworth), a teacher, and Birch Evans Bayh, an intercollegiate coach and athletic director. His ancestry included German, English, Scotch Irish, and Scottish. Bayh spent summers on his grandparents' farm in Shirkieville, Indiana, where he later lived. As a student at New Goshen (Fayette Township) High School, young Birch took part in speaking contests, played baseball and basketball, and won the Indiana 4 H Tomato Championship. From 1946 to 1948, Bayh served as an MP with the United States Army in occupied Germany following World War II. He excelled in sports, competing as a Golden Gloves boxer in college and taking part in two Major League Baseball tryouts. Bayh graduated from the Purdue University School of Agriculture in 1951, where he was a member of the Alpha Tau Omega social fraternity and senior class president.

After President Dwight D. Eisenhower's health issues in the 1950s, Congress began studying the Constitution's dangerously weak and vague provisions for presidential disability and vice presidential succession. The 1963 assassination of President John F. Kennedy brought a new urgency to the matter. Bayh introduced an amendment on December 12, 1963, which was studied and then re introduced and passed in 1965 with Emanuel Celler, chairman of the House Judiciary Committee. most notably in the 1973 vice presidential and 1974 presidential succession of Gerald Ford.

As a state legislator in the 1950s, Bayh unsuccessfully worked to lower the voting age in Indiana. He continued his effort in the Senate Judiciary Committee, where he also met opposition. In 1970, a new provision was added to the Voting Rights Act of 1965, lowering the voting age to 18 in all federal, state, and local elections. Then with the 1971 Oregon v. Mitchell decision, the Supreme Court ruled that state and local elections did not have to abide by the lowered voting age, though there would have to be dual elections in the 47 states where the lower federal voting age was not valid. Faced with another constitutional crisis, Bayh's subcommittee quickly began hearings on an amendment to lower the voting age to 18. What became the Twenty sixth Amendment to the United States Constitution passed through Congress within weeks of the Supreme Court's decision, and was ratified by the states within months. Thrown to the front of the plane, Kennedy could not move from his waist down and could not reply to Bayh's calling, "Is there anybody alive up there? Is anybody alive?" Bayh smelled gas and thought the plane might catch fire and explode, so he went back into the fuselage to check for survivors. At this point, Kennedy called out, "I'm alive, Birch!" and Bayh pulled Kennedy out of the plane to safety. Bayh went back again to check on Moss and Zimny, but they were non responsive. Bayh and his wife then walked to the road to call for help. In 1980, Bayh endorsed President Jimmy Carter for reelection, a decision that rankled the staff of Ted Kennedy, who was challenging Carter for the Democratic presidential nomination. Kennedy's campaign adviser Bob Shrum called Bayh "a son of a bitch" in front of Kennedy, but as Shrum wrote in his memoir, "Kennedy was disappointed in Bayh, but he didn't want to hear anyone bitching about him. Bayh, he said, had a pass, and always would."

The Equal Rights Amendment (ERA), to establish equal rights for men and women under the United States Constitution, was first introduced in 1923 and then in every subsequent Congress for the next fifty years, with little to no success. In 1970, Bayh witnessed one of these efforts to pass the ERA languish and fail due to poor wording and "poison pill" conservative amendments. After the House approved its version under the leadership of Martha Griffiths of Michigan, the Senate easily passed Bayh's ERA in March 1972, sending it to the states for ratification. The amendment had seven years to win approval in thirty eight states. Thirty states ratified the ERA within the first two years, and another four joined in 1974 and 1975. Bayh's home state of Indiana was the final state to ratify the ERA in January 1977, but by then, three states had rescinded their ratification, and three more would do so by the end of 1979. but the Equal Rights Amendment ultimately failed.

Bayh was influential in the addition of Title IX to the Higher Education Act, and its chief Senate sponsor. In his remarks on the Senate floor, Bayh said, "We are all familiar with the stereotype of women as pretty things who go to college to find a husband, go on to graduate school because they want a more interesting husband, and finally marry, have children, and never work again. The desire of many schools not to waste a 'man's place' on a woman stems from such stereotyped notions. But the facts absolutely contradict these myths about the 'weaker sex' and it is time to change our operating assumptions." "While the impact of this amendment would be far reaching", Bayh concluded, "it is not a panacea. It is, however, an important first step in the effort to provide for the women of America something that is rightfully theirs — an equal chance to attend the schools of their choice, to develop the skills they want, and to apply those skills with the knowledge that they will have a fair chance to secure the jobs of their choice with equal pay for equal work". Title IX became law on June 23, 1972, and is best known for expanding opportunities for female athletes. Bayh has since been called "the father of Title IX."

During the 91st Congress, Bayh successfully led the Senate opposition to two of President Richard Nixon's nominees to the Supreme Court of the United States. In August 1969, Nixon nominated Clement Haynsworth, a federal judge of the United States Court of Appeals for the Fourth Circuit, to a vacancy on the Supreme Court created by the resignation of Abe Fortas on May 14, 1969. Labor and civil rights leaders, concerned with Haynsworth's conservative record on workers' and civil rights, soon discovered that Haynsworth had recently ruled in a favor of a company in which he owned stock, and after questioning him on the Senate Judiciary Committee, Bayh felt Haynsworth did not recognize his own conflict of interest. of the nomination, and The New York Times reported how he "worked with his staff into the night to complete a "bill of particulars" of alleged financial conflicts by Judge Haynsworth," ultimately uncovering several additional instances where Haynsworth had conflicts and misled in his Senate Judiciary testimony. Thus, in November 1969, Bayh and 54 other senators rejected the nomination. On January 19, 1970, Nixon nominated G. Harrold Carswell of Florida, whom the Senate had confirmed to the United States Court of Appeals for the Fifth Circuit exactly seven months earlier. Carswell's judicial record was even more conservative then Haynsworth's and generally acknowledged to be mediocre, but after the earlier defeat of the latter's nomination, most doubted there would be another major battle. Then a group of Yale Law School students visited Bayh in Washington and asked how they could help. Bayh suggested that they research every case that Carswell had decided in his judicial career. With their research in hand, "Bayh led the opposition interrogation of Carswell in the two weeks of committee hearings," United Press International reported. The Senate rejected Carswell's nomination by a vote of 51 to 45. Nixon publicly criticized Bayh and Senate opponents for overstepping their proper constitutional role, to which Bayh replied in a Senate floor speech by quoting from Article Two of the United States Constitution and calling the President "wrong as a matter of constitutional law, wrong as a matter of history and wrong as a matter of public policy." Harry Blackmun was ultimately nominated and confirmed to fill the vacancy. Bayh later supported and voted to confirm Nixon's nomination of Lewis F. Powell, Jr., whom he knew well from work on the Twenty fifth Amendment.

The proposed Constitutional change with which Bayh was most closely associated in his final years in the Senate was his attempt to eliminate the Electoral College (the method of electing the President of the United States) and replace it with a popular vote in the 1960s and 1970s. One of Bayh's proposals passed the House easily but was filibustered in the Senate. In 1977 he introduced reform legislation into the Senate, but it never achieved the required two thirds vote in either house of Congress. Bayh wrote a foreword to the book Every Vote Equal by John Koza, a co founder of National Popular Vote.

As chairman of the Subcommittee on Juvenile Delinquency, Bayh was the author, sponsor and chief architect of the Juvenile Justice and Delinquency Prevention Act, overhauling the youth prison system, including the requirement that juvenile offenders be separated from adults. After chairing 1971 hearings on brutality and corruption in the youth prison system, Bayh introduced legislation in February 1972, which was signed into law in 1974. Besides the deinstitutionalization of noncriminal offenders, it also created the Office of Juvenile Justice and Delinquency Prevention within the Department of Justice, to ensure ongoing protections. The landmark legislation was reauthorized in 2002. During the October 3, 1977, signing ceremony for H. R. 6111, an extension of the Runaway Youth Act, President Jimmy Carter noted his discontent with Bayh not being in attendance as he had "been very instrumental in the passage of this act."

Bayh intended to run for the 1972 Democratic nomination for president, but his wife was diagnosed with cancer and he put his plans on hold. Before her death in 1979, Marvella Bayh became a leading anti cancer activist. On October 21, 1975, Bayh announced his candidacy for the 1976 Democratic nomination in a tour of his native state. "People are looking to someone who can talk to them in terms they can understand", he said while struggling with laryngitis that day. With a liberal record and farm boy demeanor, Bayh's candidacy was premised on his 'electability.' His campaign literature was headlined, "Yes He Can." In December 1975, Bayh came within a tenth of a percentage point from receiving the endorsement of the influential New Democratic Coalition, a liberal organization based in New York that helped George McGovern win the 1972 Democratic presidential nomination. On the eve of the January 19, 1976, Iowa caucuses, Bayh and former Georgia Gov. Jimmy Carter were considered the leading candidates. Bayh ultimately finished a distant third behind Uncommitted delegates and Carter, seemingly hindered by his support for women's rights. "Bayh has become the focal point of the [abortion] issue", said the executive director of the National Right to Life Committee, since Bayh opposed a constitutional amendment banning abortion before his subcommittee. Liberal support did not coalesce and Bayh finished third in the New Hampshire primary and then seventh in the Massachusetts primary. Bayh suspended his campaign on March 4, 1976, after 136 days as a formal candidate. At his final press conference, he said, "I'm not prepared to crawl under a rock and say the future of Birch Bayh is over."

In early 1978, the question of who owns government funded research and who could therefore profit from it became personal for Bayh, as Marvella's cancer returned and the Bayhs learned that a technology that could predict a patient's reaction to chemotherapy was held up by restrictions on patent rights for federally sponsored research discoveries. This was part of a larger problem of stifling promising inventions, with 22 funding agencies disposing of patent rights in 22 different ways at the time. which allows United States universities, small businesses, and non profit organizations to retain intellectual property rights of inventions developed from federal government funded research. It was signed into law by President Carter on December 12, 1980. In 2002, The Economist magazine said, "Possibly the most inspired piece of legislation to be enacted in America over the past half century was the Bayh–Dole Act of 1980." A 2015 study determined that from 1996 to 2013, patent licensing made possible by Bayh–Dole increased gross industry output by approximately $1 trillion, supporting 3.8 million jobs in the United States.

Bayh ran for reelection to the U. S. Senate three times. In the 1968 general election, Bayh defeated challenger William D. Ruckelshaus with 51.7% of the vote against a strong Republican tide, becoming only the fourth Indiana Democrat to be popularly elected to a second term in the Senate. In 1974, Bayh narrowly defeated Indianapolis Mayor Richard Lugar, garnering only 50.7 percent of the vote in what was otherwise a disastrous year for Republicans. Two years later, Lugar won Indiana's other Senate seat by ousting Democratic incumbent Vance Hartke. In 1980, Bayh faced Congressman and future Vice President Dan Quayle. Bayh engaged the challenger in seven debates, and was defeated for reelection in the Republican landslide year, with 46.2% of the vote to Quayle's 53.8%.

Returning to Indiana after his defeat in the 1980 election, Bayh founded the law firm of Bayh, Tabbert and Capehart, with offices in Indianapolis and in Washington, DC. Later in the 1980s he began to spend more time in Washington and left this practice. There he worked with several firms, including the well known Venable LLP. Bayh also served on a number of corporate boards.

In 1981, Bayh joined Robert Drinan, Don Edwards, Edith Green, Patsy Mink and Pat Schroeder to file an amicus brief before the Supreme Court in the case of North Haven Board of Education v. Bell. The brief urged affirmance of the lower court's decision that Title IX proscribes employment discrimination in federally funded education programs. The court agreed. On August 19, 2004, Bayh filed an amicus brief in another case relating to Title IX, Jackson v. Birmingham Board of Education. Bayh urged reversal of the lower court's holding; the Supreme Court agreed, reversing the 11th Circuit and holding that Title IX created a private right of action to parties alleging retaliation for reporting sex discrimination. On December 23, 2010, Bayh filed an amicus brief in Stanford v. Roche, a case in which the Supreme Court was asked to determine whether the Bayh Dole Act required that ownership patents for inventions resulting from federally funded research must automatically go to the federal contractor. Bayh continued to advocate for the direct election of the president, speaking with lawmakers around the country about the National Popular Vote Interstate Compact, in which states agree to pledge their presidential electors to the winner of the national popular vote once a majority of presidential electors join the compact. Bayh served on the advisory board of the non profit, National Popular Vote, Inc.

Bayh served as a member of the J. William Fulbright Foreign Scholarship Board, as co chair of the University of Virginia's Miller Center National Commission on Presidential Disability and the Twenty Fifth Amendment, and as founding chairman of the National Institute Against Prejudice and Violence. Senator Bayh was the fourth member of the Bayh family to attend Indiana State University (following his grandmother, father and mother); his late wife, Marvella Hern Bayh, was also an alumna of Indiana State University.

Bayh's first wife was Marvella Hern of Enid, Oklahoma. Their son Evan Bayh was born on December 26, 1955. Bayh died of pneumonia on March 14, 2019, in Easton, Maryland, at the age of 91. He is interred at Arlington National Cemetery.