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155-522: The GCA was signed into law by President Lyndon B. Johnson on October 22, 1968, and is Title I of the U.S. federal firearms laws. The National Firearms Act of 1934 (NFA) is Title II. Both GCA and NFA are enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 18 USC chapter 44 was first enacted by the Omnibus Crime Control and Safe Streets Act of 1968 . GCA repealed

310-409: A New Deal platform and was effectively aided by his wife. He served as a U.S. Representative from April 10, 1937, to January 3, 1949. President Roosevelt found Johnson to be a political ally and conduit for information, particularly regarding the internal politics of Texas and the machinations of Vice President John Nance Garner and House Speaker Sam Rayburn . Johnson was immediately appointed to

465-581: A Bachelor of Science in history and his certificate of qualification as a high school teacher. He briefly taught at Pearsall High School in Pearsall, Texas before taking a position teaching public speaking at Sam Houston High School in Houston. When he returned to San Marcos in 1965, after signing the Higher Education Act of 1965 , Johnson reminisced: I shall never forget the faces of

620-897: A U.S. representative, he was called to active duty three days after the Japanese attack on Pearl Harbor in December 1941. His first orders were to report to the Office of the Chief of Naval Operations in Washington, D.C. , for instruction and training. Following his training, Johnson asked Undersecretary of the Navy James Forrestal for a job in Washington, D.C. He was instead sent to inspect shipyard facilities in Texas and on

775-584: A background check requirement of prospective gun purchasers by licensed sellers, and created a list of categories of individuals to whom the sale of firearms is prohibited: It would also be amended again in 1994 by the Violence Against Women Act to strengthen firearm bans against domestic abusers. The amended law stated: It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person— (1)

930-640: A ban on mail-order gun sales was discussed, but no law was passed until 1968. At the hearings NRA Executive Vice-President Franklin Orth supported a ban on mail-order sales, stating, "We do not think that any sane American, who calls himself an American, can object to placing into this bill the instrument which killed the president of the United States." Precursors of the passage of the Gun Control Act were Senate Bill 1975 in 1963, "A Bill to Regulate

1085-538: A cruel and/or arbitrary exercise of power). It eliminated mandatory minimum sentences and provided support for drug treatment and research. King notes that the rehabilitation clauses were added as a compromise to Senator Harold Hughes , who favored a moderate approach. The bill, as introduced by Senator Everett Dirksen , ran to 91 pages. While it was being drafted, the Uniform Controlled Substances Act , to be passed by state legislatures,

1240-614: A day laborer. In 1926, Johnson enrolled at SWTSTC. He worked his way through school, participated in debate and campus politics, and edited the school newspaper, The College Star . The college years refined his skills of persuasion and political organization. For nine months, from 1928 to 1929, Johnson paused his studies to teach Mexican–American children at the segregated Welhausen School in Cotulla, Texas , 90 miles (140 km) south of San Antonio . The job helped him to save money to complete his education, and he graduated in 1930 with

1395-415: A handgun to any individual less than 21 years of age. While the Gun Control Act prohibits the direct mail-ordering of firearms, a person may ship a gun via contract carrier (such as United Parcel Service (UPS), United States Postal Service , or FedEx ) to a gunsmith (who has an FFL) or the gunmaker's factory for repairs or modification. After the repair work is done, the gunsmith or the factory can ship

1550-492: A hostile position towards civil rights legislation like almost all other Southern Democrat legislators; voting against anti- lynching legislation, anti- poll tax legislation and the Fair Employment Practice Committee . In April 1941, incumbent U.S. Senator Morris Sheppard from Texas died. Under Texas law, a special election for a vacant Senate seat must be held within a few months of

1705-423: A majority of one (29–28). The state Democratic convention upheld Johnson. Stevenson went to court, eventually taking his case before the U.S. Supreme Court , but with timely help from his friend and future U.S. Supreme Court Justice Abe Fortas , Johnson prevailed on the basis that jurisdiction over naming a nominee rested with the party, not the federal government. Johnson soundly defeated Republican Jack Porter in

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1860-800: A manner not sanctioned by Article V. The prohibitions of the Constitution were designed to apply to all branches of the National Government, and they cannot be nullified by the Executive or by the Executive and the Senate combined. There is nothing new or unique about what we say here. This Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty. For example, in Geofroy v. Riggs , 133 U. S. 258, 133 U. S. 267, it declared: "The treaty power, as expressed in

2015-408: A medical marijuana card holder is a violation. Additionally, 18 U.S.C 922 (x) generally prohibits people under 18 years of age from possessing handguns or handgun ammunition with certain exceptions for employment, target practice, education, and a handgun possessed while defending the home of the juvenile or a home in which they are a guest. The Brady Handgun Violence Prevention Act of 1993 created

2170-530: A mission similar to that of the Truman Committee in the Senate. He probed the peacetime "business as usual" inefficiencies that permeated the naval war and demanded that admirals get the job done. Johnson went too far when he proposed a bill that would crack down on the draft exemptions of shipyard workers if they were absent from work too often; organized labor blocked the bill and denounced him. Johnson's biographer Robert Dallek concludes, "The mission

2325-516: A movie camera to record conditions, and reported to Roosevelt, Navy leaders, and Congress that conditions were deplorable and unacceptable. Some historians have suggested this was in exchange for MacArthur's recommendation to award the Silver Star. He argued that the southwest Pacific urgently needed a higher priority and a larger share of war supplies. Warplanes that were sent there were "far inferior" to Japanese planes, and U.S. Navy morale there

2480-689: A prescription drug as determined under the Federal Food, Drug, and Cosmetic Act (21 USC 301 et seq. ), may be dispensed without the written or electronically transmitted (21 CFR 1306.08) prescription of a practitioner, except that in emergency situations, as prescribed by the Secretary by regulation after consultation with the Attorney General, such drug may be dispensed upon oral prescription in accordance with section 503(b) of that Act (21 USC 353 (b)). With exceptions, an original prescription

2635-477: A sentence automatically reinstate rights to vote, sit on a jury, or serve in public office, no states restore gun ownership rights upon completion of a sentence. Some states reinstate rights depending on the crime convicted of, and others have a petition process. Those convicted of a federal offense must contact the Office of the Pardon Attorney, Department of Justice, to receive a presidential pardon. Under

2790-598: A small farmhouse on the Pedernales River . He was the eldest of five children born to Samuel Ealy Johnson Jr. and Rebekah Baines. Johnson wasn't given a name until he was three months old, as his parents couldn't agree on a name that both liked. Finally, he was named after "criminal lawyer—a county lawyer" W. C. Linden, who his father liked; his mother agreed on the condition of spelling it as Lyndon. Johnson had one brother, Sam Houston Johnson , and three sisters, Rebekah, Josefa, and Lucia. Through his mother, he

2945-528: A substance can be placed in that schedule. The specific classification of any given drug or other substance is usually a source of controversy, as is the purpose and effectiveness of the entire regulatory scheme. The term "controlled substance" means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, absinthe, malt beverages, nicotine or tobacco, as those terms are defined or used in subtitle E of

3100-592: A term exceeding one year; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to marihuana or any depressant or stimulant drug (as defined in section 201 (v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug (as defined in section 4731 (a) of the Internal Revenue Code of 1954)" The Gun Control Act of 1968 was amended in 1993 by the Brady Handgun Violence Prevention Act which introduced

3255-811: A treaty need not comply with the Constitution when such an agreement can be overridden by a statute that must conform to that instrument. According to the Cato Institute, these treaties only bind (legally obligate) the United States to comply with them as long as that nation agrees to remain a state party to these treaties. The U.S. Congress and the President of the United States have the absolute sovereign right to withdraw from or abrogate at any time these two instruments, in accordance with said nation's Constitution , at which point these treaties will cease to bind that nation in any way, shape, or form. A provision for automatic compliance with treaty obligations

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3410-425: A weak relationship. Because refills of prescriptions for Schedule II substances are not allowed, it can be burdensome to both the practitioner and the patient if the substances are to be used on a long-term basis. To provide relief, in 2007, 21 CFR 1306.12 was amended (at 72 FR 64921 ) to allow practitioners to write up to three prescriptions at once, to provide up to a 90-day supply, specifying on each

3565-470: A week. Johnson was announced the winner by 87 votes out of 988,295, an extremely narrow margin. However, Johnson's victory was based on 200 "patently fraudulent" ballots reported six days after the election from Box 13 in Jim Wells County , in an area dominated by political boss George Parr . The added names were in alphabetical order and written with the same pen and handwriting, at the end of

3720-560: Is always required even though faxing in a prescription in advance to a pharmacy by a prescriber is allowed. Prescriptions shall be retained in conformity with the requirements of section 827 of this title. No prescription for a controlled substance in Schedule II may be refilled. These drugs vary in potency: for example fentanyl is about 80 times as potent as morphine ( heroin is roughly two times as potent). More significantly, they vary in nature. Pharmacology and CSA scheduling have

3875-456: Is closer to police/combat-style competition and not comparable to more traditional types of sports), nor does it allow for collection for historical or design interest. The law also required that all newly manufactured firearms produced by licensed manufacturers in the United States and imported into the United States bear a gun serial number . Firearms manufactured before the Gun Control Act and firearms manufactured by non-FFLs remain exempt from

4030-500: Is found at 21 U.S.C.   § 811(d) , which also establishes mechanisms for amending international drug control regulations to correspond with HHS findings on scientific and medical issues. If control of a substance is mandated by the Single Convention, the Attorney General is required to "issue an order controlling such drug under the schedule he deems most appropriate to carry out such obligations," without regard to

4185-522: Is further undisputed that the drug has at least some potential for abuse sufficient to warrant control under the CSA , the drug must remain in schedule I. In such circumstances, placement of the drug in schedules II through V would conflict with the CSA since such drug would not meet the criterion of "a currently accepted medical use in treatment in the United States." 21 USC 812(b). (emphasis added) Drugs listed in this control schedule include: In addition to

4340-641: Is required to request that the Secretary of State take action, through the commission or the UN Economic and Social Council , to remove the drug from international control or transfer it to a different schedule under the convention. The temporary scheduling expires as soon as control is no longer needed to meet international treaty obligations. This provision was invoked in 1984 to place Rohypnol ( flunitrazepam ) in Schedule IV. The drug did not then meet

4495-672: Is the Secretary of Health and Human Services (HHS). Under Article 3 of the Single Convention and Article 2 of the Convention on Psychotropic Substances, the World Health Organization is that authority. The domestic and international legal nature of these treaty obligations must be considered in light of the supremacy of the United States Constitution over treaties or acts and the equality of treaties and Congressional acts. In Reid v. Covert

4650-502: Is to date the only President in U.S. history to be sworn in by a woman. Johnson was convinced of the need to make an immediate show of transition of power after the assassination to provide stability to a grieving nation. He and the Secret Service , not knowing whether the assassin acted alone or as part of a broader conspiracy , felt compelled to return rapidly to Washington, D.C.; this was greeted by some with assertions that he

4805-550: Is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (4) has been adjudicated as a mental defective or has been committed to any mental institution; (5) who, being an alien; (6) who has been discharged from

Gun Control Act of 1968 - Misplaced Pages Continue

4960-473: Is when international treaties require control of a substance. 21 U.S.C.   § 811(h) allows the Attorney General to temporarily place a substance in Schedule I "to avoid an imminent hazard to the public safety". Thirty days' notice is required before the order can be issued, and the scheduling expires after a year. The period may be extended six months if rulemaking proceedings to permanently schedule

5115-430: The 1932 U.S. presidential election , Johnson became a lifelong supporter of Roosevelt's New Deal . Johnson was elected speaker of the "Little Congress", a group of Congressional aides, where he cultivated Congressmen, newspapermen, and lobbyists. Johnson's friends soon included aides to President Roosevelt as well as fellow Texans such as vice president John Nance Garner and congressman Sam Rayburn . In 1935, Johnson

5270-517: The 22nd Bomb Group base, which was assigned the high-risk mission of bombing the Japanese airbase at Lae in New Guinea . On June 9, 1942, Johnson volunteered as an observer for an airstrike on New Guinea. Reports vary on what happened to the aircraft carrying Johnson during that mission. MacArthur recommended Johnson for the Silver Star for gallantry in action; the citation indicated that

5425-677: The Attorney General , John N. Mitchell , was preparing a comprehensive new measure to more effectively meet the narcotic and dangerous drug problems at the federal level by combining all existing federal laws into a single new statute. With the help of White House Counsel head, John Dean ; the executive director of the Shafer Commission , Michael Sonnenreich ; and the Director of the BNDD , John Ingersoll creating and writing

5580-668: The Civil Rights Acts of 1957 and 1960 to passage ‍—‌ the first civil rights bills to pass Congress since the Enforcement Acts and the Civil Rights Act of 1875 during Reconstruction . Johnson negotiated a middle course between Northern liberal senators and the Southern bloc of senators who had opposed such legislation by removing key enforcement provisions, such as Title III, which authorized

5735-683: The Federal Firearms Act of 1938 , though many of its provisions were reenacted as part of the GCA, which revised the FFA and its predecessor, the National Firearms Act of 1934 (NFA). The bill was initially prompted by the assassination of U.S. President John F. Kennedy in 1963. The President was shot and killed with a rifle purchased by mail order from an ad in the magazine American Rifleman . Congressional hearings followed and

5890-677: The House Judiciary Committee on January 10, 1967, with this instance resulting in the bill staying on the legislative docket. The April 4, 1968, assassination of Martin Luther King Jr. , shortly followed by the June 5 assassination of Robert F. Kennedy , as well as the shooting at the University of Texas two years previously , compounded by shifting societal attitudes towards gun ownership, renewed efforts to pass

6045-612: The Korean War began in 1950, he called for more troops and for improved weapons. Johnson ensured that every report was endorsed unanimously by his committee. He used his political influence in the Senate to receive broadcast licenses from the Federal Communications Commission in his wife's name. In the 1952 elections , Republicans won a majority in both the House and Senate. In January 1953, Johnson

6200-532: The National Instant Criminal Background Check System (NICS) to prevent firearms sales to such prohibited people. The Violence Against Women Act of 1994 strengthened bans against domestic abusers by enforcing domestic violence protection orders which barred people subject to family violence protection orders from having firearms. The Gun Control Act mandated the licensing of individuals and companies engaged in

6355-663: The Naval Affairs Committee . He worked hard for rural electrification , getting approval to complete the hydroelectric Mansfield Dam on the Colorado River near Austin. Johnson also sponsored projects that gave his Texas district soil conservation , public housing , lower railroad freight rates , and expanded credit for loans to farmers. He steered the projects towards contractors he knew, such as Herman and George Brown , who financed much of Johnson's future career. During this time Johnson maintained

Gun Control Act of 1968 - Misplaced Pages Continue

6510-680: The Single Convention on Narcotic Drugs and/or the 1971 Convention on Psychotropic Substances prior to repealing the Controlled Substances Act. The exception would be if the U.S. were to claim that the treaty obligations violate the United States Constitution . Many articles in these treaties—such as Article 35 and Article 36 of the Single Convention—are prefaced with phrases such as "Having due regard to their constitutional, legal and administrative systems,

6665-613: The Southern Caucus within the Conservative coalition that dominated the Senate. With Russell's support, Johnson won election as Democratic whip in 1951, serving in this capacity until 1953. While serving as whip, Johnson increased his ability to persuade people to reach agreement. As a member of the Senate Committee on Interstate and Foreign Commerce , he was chairman of the Senate subcommittee that refused

6820-777: The Supreme Court of the United States addressed both these issues directly and clearly holding: [N]o agreement with a foreign nation can confer power on the Congress, or on any other branch of Government, which is free from the restraints of the Constitution. Article VI , the Supremacy Clause of the Constitution, declares: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof, and all Treaties made, or which shall be made, under

6975-511: The United States House of Representatives , he appointed Johnson as his legislative secretary. This marked Johnson's formal introduction to politics. Johnson secured the position on the recommendation of his father and that of state senator Welly Hopkins, for whom Johnson had campaigned in 1930. Kleberg had little interest in the day-to-day duties of a Congressman, instead delegating them to Johnson. After Franklin D. Roosevelt won

7130-664: The West Coast . In the spring of 1942, President Roosevelt decided he needed better information on conditions in the Southwest Pacific , and wanted a trusted political ally to obtain it. Forrestal suggested Johnson. Roosevelt assigned Johnson to a three-man survey team covering the Southwest Pacific. Johnson reported to General Douglas MacArthur in Australia. Johnson and two U.S. Army officers went to

7285-548: The American labor movement". At the same time as his vice presidential run, Johnson also sought a third term in the U.S. Senate. According to Robert Caro: Johnson won an election for both the vice presidency of the United States, on the Kennedy–Johnson ticket, and for a third term as senator (he had Texas law changed to allow him to run for both offices). When he won the vice presidency, he made arrangements to resign from

7440-483: The Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States, has renounced their citizenship; (8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to

7595-517: The Authority of the United States, shall be the supreme Law of the Land; . . ." There is nothing in this language which intimates that treaties and laws enacted pursuant to them do not have to comply with the provisions of the Constitution. Nor is there anything in the debates which accompanied the drafting and ratification of the Constitution which even suggests such a result. These debates, as well as

7750-465: The Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States. It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the government, or in that of one of

7905-418: The Controlled Substances Act's criteria for scheduling; however, control was required by the Convention on Psychotropic Substances. In 1999, an FDA official explained to Congress: Rohypnol is not approved or available for medical use in the United States, but it is temporarily controlled in Schedule IV pursuant to a treaty obligation under the 1971 Convention on Psychotropic Substances. At the time flunitrazepam

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8060-605: The DEA may not control the substance. Once the DEA has received the scientific and medical evaluation from HHS, the DEA Administrator evaluates all available data and makes a final decision whether to propose that a drug or other substance be controlled and into which schedule it should be placed. Under certain circumstances, the Government may temporarily schedule a drug without following the normal procedure. An example

8215-409: The DEA to handle controlled substances. All individuals and firms that are registered are required to maintain complete and accurate inventories and records of all transactions involving controlled substances, as well as security for the storage of controlled substances. The Congressional findings in 21 USC §§ 801(7) , 801a(2) , and 801a(3) state that a major purpose of the CSA is to "enable

8370-477: The DEA's interpretation of the CSA, a drug does not necessarily have to have the same "high potential for abuse" as heroin, for example, to merit placement in Schedule I: [W]hen it comes to a drug that is currently listed in schedule I, if it is undisputed that such drug has no currently accepted medical use in treatment in the United States and a lack of accepted safety for use under medical supervision, and it

8525-502: The DEA, the agency begins its own investigation of the drug. The DEA may begin an investigation of a drug at any time based upon information received from laboratories, state and local law enforcement and regulatory agencies, or other sources of information. Once the DEA has collected the necessary data, the Deputy Administrator of DEA, requests from HHS a scientific and medical evaluation and recommendation as to whether

8680-531: The Department's rules governing petitions for executive clemency, 28 C.F.R. §§ 1.1 et seq., an applicant must satisfy a minimum waiting period of five years before he becomes eligible to apply for a presidential pardon of his federal conviction. According to a 21 Sep 2011 "Open Letter to All Federal Firearms Licensees" from the ATF, holders of state-issued medical marijuana cards are automatically "prohibited people" under 18 U.S.C 922 (g)(3) and "shipping, transporting, receiving or possessing firearms or ammunition" by

8835-462: The House, which permitted him to maintain numerous allies, including George Berham Parr , who ran a political machine in the Lower Rio Grande Valley in South Texas. U.S. Senator W. Lee O'Daniel became unpopular during his time in the Senate, and decided to forgo a bid for re-election in 1948, so Johnson began preparing for a close Senate runoff by arranging for his supporters who controlled votes, including Parr, to withhold their final tallies until

8990-417: The Internal Revenue Code of 1986. Some have argued that this is an important exemption, since alcohol and tobacco are two of the most widely used drugs in the United States. Schedule I substances are described as those that have all of the following findings: No prescriptions may be written for Schedule I substances, and such substances are subject to production quotas which the DEA imposes. Under

9145-409: The Interstate Shipment of Firearms", and Senate Bill 1592 in 1965, "A Bill to Amend the Federal Firearms Act of 1938". Both were introduced by Senator Thomas J. Dodd but in both cases the bill was met with fierce opposition, effectively shutting down the earliest efforts for gun control legislation regarding the mail-order rifles. The bill was once again introduced into the House of Representatives by

9300-531: The Navy Reserve, where he was promoted to commander on October 19, 1949, effective June 2, 1948. He resigned from the Navy Reserve effective January 18, 1964. In 1948 , Johnson again ran for the U.S. Senate and won the general election after being declared winner in a highly controversial Democratic Party primary election against the well-known former governor Coke Stevenson . Johnson drew crowds to fairgrounds with his rented Sikorsky S-51 helicopter, dubbed "The Johnson City Windmill". He raised money to flood

9455-453: The Oval Office and to employ a full-time staff within the White House. In 1961, Kennedy appointed Johnson's friend Sarah T. Hughes to a federal judgeship. Johnson tried but failed to have Hughes nominated at the beginning of his vice presidency. House Speaker Sam Rayburn wrangled the appointment from Kennedy in exchange for support of an administration bill. Many members of the Kennedy White House were openly contemptuous of Johnson, including

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9610-571: The Parties shall . . ." or "Subject to its constitutional limitations, each Party shall . . ." According to former United Nations Drug Control Programme Chief of Demand Reduction Cindy Fazey , "This has been used by the USA not to implement part of article 3 of the 1988 Convention, which prevents inciting others to use narcotic or psychotropic drugs, on the basis that this would be in contravention of their constitutional amendment guaranteeing freedom of speech ". There are five different schedules of controlled substances, numbered I–V. The CSA describes

9765-427: The Secretary, compiles the information and transmits back to the DEA a medical and scientific evaluation regarding the drug or other substance, a recommendation as to whether the drug should be controlled, and in what schedule it should be placed. The HHS recommendation on scheduling is binding to the extent that if HHS recommends, based on its medical and scientific evaluation, that the substance not be controlled, then

9920-418: The Senate and, with Democrats winning the majority in the Senate, he became majority leader . President Dwight D. Eisenhower found Johnson more cooperative than the Senate Republican leader, William F. Knowland of California. Particularly on foreign policy, Johnson offered bipartisan support to the president. Historians Caro and Dallek consider Johnson the most effective Senate majority leader ever. He

10075-427: The Senate rendered him a potential Democratic presidential candidate. James H. Rowe repeatedly urged Johnson to launch a campaign in early 1959, but Johnson thought it was better to wait, thinking that Senator John F. Kennedy 's candidacy would create a division in the ranks that could then be exploited. Johnson's strategy was to sit out the primaries and to rely on his legislative record as Senate Majority Leader ,

10230-402: The Senate, as he was required to do under federal law, as soon as it convened on January 3, 1961. Johnson was re-elected senator with 1,306,605 votes (58 percent) to Republican John Tower 's 927,653 (41.1 percent). Fellow Democrat William A. Blakley was appointed to replace Johnson, but lost a special election in May 1961 to Tower. After the election, Johnson was concerned about

10385-408: The Senate. The lieutenant governor, Coke R. Stevenson , was not in favor of prohibition, making his possible promotion to Governor a key selling point for the state's business interests in manipulating the election results. In the final vote tally, Johnson fell short by just 0.23% of the vote. While Johnson's loss in the 1941 Senate race was a stinging defeat, he did not have to give up his seat in

10540-443: The Shafer Commission after its chairman, Raymond P. Shafer —to study cannabis abuse in the United States. During his presentation of the commission's First Report to Congress, Sonnenreich and Shafer recommended the decriminalization of marijuana in small amounts, with Shafer stating, [T]he criminal law is too harsh a tool to apply to personal possession even in the effort to discourage use. It implies an overwhelming indictment of

10695-419: The South. President Kennedy was assassinated on November 22, 1963, in Dallas , Texas. Later that day, Johnson took the presidential oath of office aboard Air Force One . Cecil Stoughton 's iconic photograph of Johnson taking the oath of office as Mrs. Kennedy looks on is the most famous photo ever taken aboard a presidential aircraft. Johnson was sworn in by District Court judge Sarah T. Hughes and

10850-437: The Sport Fishing Institute, Howard Carter Jr. of the National Shooting Sports Foundation , E. C. Hadley of the Sporting Arms and Ammunition Manufacturers' Institute , Robert T. Dennis of the Izaak Walton League , "and countless other sportsmen, and sportsmen and industry groups" because it would have a far-reaching and damaging effect on the hunting and shooting sports, while failing to reduce crime. In his remarks upon signing

11005-434: The States, or a cession of any portion of the territory of the latter, without its consent." This Court has repeatedly taken the position that an Act of Congress, which must comply with the Constitution, is on a full parity with a treaty, and that, when a statute which is subsequent in time is inconsistent with a treaty, the statute to the extent of conflict renders the treaty null. It would be completely anomalous to say that

11160-581: The U.S. House of Representatives in 1937. In 1948, he was controversially declared the winner in the Democratic primary for the U.S. Senate election in Texas before winning the general election. He became Senate majority whip in 1951, Senate Democratic leader in 1953 and majority leader in 1954. Senator Kennedy bested Johnson and his other rivals for the 1960 Democratic presidential nomination before surprising many by offering to make Johnson his vice presidential running mate. The Kennedy–Johnson ticket won

11315-402: The United States to meet all of its obligations" under international treaties . The CSA bears many resemblances to these Conventions. Both the CSA and the treaties set out a system for classifying controlled substances in several schedules in accordance with the binding scientific and medical findings of a public health authority. Under 21 U.S.C.   § 811 of the CSA, that authority

11470-716: The United States, and international treaties. The nation first outlawed addictive drugs in the early 1900s and the International Opium Convention helped lead international agreements regulating trade. The Pure Food and Drug Act (1906) was the beginning of over 200 laws concerning public health and consumer protections. Others were the Federal Food, Drug, and Cosmetic Act (1938), and the Kefauver Harris Amendment of 1962. In 1969, President Richard Nixon announced that

11625-519: The act in October 1968, Johnson said: "Congress adopted most of our recommendations. But this bill—as big as this bill is—still falls short, because we just could not get the Congress to carry out the requests we made of them. I asked for the national registration of all guns and the licensing of those who carry those guns. For the fact of life is that there are over 160 million guns in this country—more firearms than families. If guns are to be kept out of

11780-565: The assassination. Controlled Substances Act The Controlled Substances Act ( CSA ) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated. It was passed by the 91st United States Congress as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and signed into law by President Richard Nixon . The Act also served as

11935-622: The attorney general to initiate civil action for preventive relief in a wide range of civil rights matters. Being a Southerner was seen as an impossible barrier for a presidential candidate and towards the end of his Senate career as well as not signing the Southern Manifesto, he distanced himself further from the Southern Caucus in 1959 by joining the Democrat's Western regional conference. In 1960 , Johnson's success in

12090-422: The behavior which we believe is not appropriate. The actual and potential harm of use of the drug is not great enough to justify intrusion by the criminal law into private behavior, a step which our society takes only with the greatest reluctance. Rufus King notes that this stratagem was similar to that used by Harry Anslinger when he consolidated the previous anti-drug treaties into the Single Convention and took

12245-705: The bill. On June 11, 1968, a tie vote in the House Judiciary Committee halted the bill's passage. On reconsideration nine days later, the bill was passed by the committee. The Senate Judiciary Committee similarly brought the bill to a temporary halt, but as in the House, it was passed on reconsideration. House Resolution 17735, known as the Gun Control Act, was signed into law by President Lyndon B. Johnson on October 22, 1968 banning mail-order sales of rifles and shotguns and prohibiting most felons, drug users, and people found mentally incompetent from buying guns.This act also included provisions that redefined

12400-442: The boys and the girls in that little Welhausen Mexican School, and I remember even yet the pain of realizing and knowing then that college was closed to practically every one of those children because they were too poor. And I think it was then that I made up my mind that this nation could never rest while the door to knowledge remained closed to any American. After Richard M. Kleberg won a 1931 special election to represent Texas in

12555-701: The building of the Berlin Wall . He also attended Cabinet and National Security Council meetings. Kennedy gave Johnson control over all presidential appointments involving Texas, and appointed him chairman of the President's Ad Hoc Committee for Science. Kennedy also appointed Johnson Chairman of the National Aeronautics and Space Council . The Soviets beat the United States with the first crewed spaceflight in April 1961, and Kennedy gave Johnson

12710-406: The business of buying or selling firearms. Individuals buying and selling firearms without a federal license must be doing so from their collection. Under the Gun Control Act, a federally licensed importer, manufacturer, dealer, or collector shall not sell or deliver any rifle or shotgun or ammunition for rifle or shotgun to any individual less than 18 years of age, nor any handgun or ammunition for

12865-490: The business of selling firearms. This provision effectively prohibited the direct mail order of firearms (except antique firearms ) by consumers and mandated that anyone who wants to buy a gun in an interstate transaction from a source other than a private individual must do so through a federally licensed firearms dealer. The Act also banned unlicensed individuals from acquiring handguns outside their state of residence. The interstate purchase of long guns (rifles and shotguns)

13020-522: The commission's scheduling decision, he can recommend that the Attorney General initiate proceedings to reschedule the drug accordingly. If the HHS Secretary disagrees with the UN controls, the Attorney General must temporarily place the drug in Schedule IV or V (whichever meets the minimum requirements of the treaty) and exclude the substance from any regulations not mandated by the treaty. The Secretary

13175-535: The creation of Medicare and Medicaid . Johnson made the Apollo program a national priority; enacted the Higher Education Act of 1965 , which established federally insured student loans; and signed the Immigration and Nationality Act of 1965 , which laid the groundwork for U.S. immigration policy today. Johnson's stance on civil rights put him at odds with other white, Southern Democrats . His civil rights legacy

13330-795: The death of former U.S. Senator James A. McClure , the NRA called provisions of the GCA "draconian". McClure was a cosponsor of the Firearm Owners Protection Act (FOPA) of 1986, also called the McClure-Volkmer Act. Political scientist Robert Spitzer wrote in 2011 that the Gun Control Act of 1968 "provides an ideal case study to highlight the political processes affecting a direct effort to regulate firearms". He also stated in his book that President Johnson's proposal called for national registration of all guns as well as licensing for all gun carriers, but his influence over

13485-412: The definitions of firearms within the United States and provided more rules for weapons manufacturers and licensed sellers on interstate commerce of ammunition and other firearm accessories. When it took effect in 1968, the Gun Control Act of 1968 stated that firearm sales were prohibited to anyone who "(1) is under indictment for, or has been convicted in a court of, a crime punishable by imprisonment for

13640-403: The different schedules based on three factors: The following table gives a summary of the different schedules. Placing a drug or other substance in a certain schedule or removing it from a certain schedule is primarily based on 21 USC §§ 801 , 801a , 802 , 811 , 812 , 813 , and 814 . Every schedule otherwise requires finding and specifying the "potential for abuse" before

13795-465: The dollar amounts of fines and durations of prison terms for violations. Subchapter II describes the laws for exportation and importation of controlled substances, again specifying fines and prison terms for violations. The Drug Enforcement Administration was established in 1973, combining the Bureau of Narcotics and Dangerous Drugs (BNDD) and Customs' drug agents. Proceedings to add, delete, or change

13950-404: The drug are in progress. In any case, once these proceedings are complete, the temporary order is automatically vacated. Unlike ordinary scheduling proceedings, such temporary orders are not subject to judicial review . The CSA creates a closed system of distribution for those authorized to handle controlled substances. The cornerstone of this system is the registration of all those authorized by

14105-673: The drug or other substance should be controlled or removed from control. This request is sent to the Assistant Secretary of Health of HHS. Then, HHS solicits information from the Commissioner of the Food and Drug Administration and evaluations and recommendations from the National Institute on Drug Abuse and, on occasion, from the scientific and medical community at large. The Assistant Secretary, by authority of

14260-411: The enacted law was small. House Rules Committee chair William Colmer only released H.R. 17735 to the floor after Judiciary Committee chair Emanuel Celler promised to oppose efforts to add licensing and registration provisions. Lyndon B. Johnson Lyndon Baines Johnson ( / ˈ l ɪ n d ə n ˈ b eɪ n z / ; August 27, 1908 – January 22, 1973), also known as LBJ ,

14415-487: The executive branch. He drafted an executive order for Kennedy's signature, granting Johnson "general supervision" over matters of national security, and requiring all government agencies to "cooperate fully with the vice president in the carrying out of these assignments". Kennedy's response was to sign a non-binding letter requesting Johnson to "review" national security policies instead. Kennedy similarly turned down early requests from Johnson to be given an office adjacent to

14570-469: The general election . Vice President Johnson assumed the presidency in 1963, after President Kennedy was assassinated. The following year, Johnson was elected to the presidency in a landslide , winning the largest share of the popular vote for the Democratic Party in history, and the highest for any candidate since the advent of widespread popular elections in the 1820s. Johnson's Great Society

14725-552: The general election in November and went to Washington, permanently dubbed "Landslide Lyndon". Johnson, dismissive of his critics, happily adopted the nickname. During his two terms in the Senate, Johnson drifted rightward. He felt he had to tread carefully lest he offend politically powerful conservative oil and gas interests in Texas , and in part to curry favor with the chamber's powerful southern chairmen, most notably Senator Richard Russell , Democrat from Georgia and leader of

14880-533: The genius of analogy made The Treatment an almost hypnotic experience and rendered the target stunned and helpless. In 1956, during the Suez Crisis , Johnson tried to prevent the U.S. government from criticizing Israel for its invasion of the Sinai Peninsula . Along with much of the rest of the nation, Johnson was appalled by the threat of possible Soviet domination of space exploration implied by

15035-458: The gun directly back to the customer. The GCA created what is known as the "sporting purposes" standard for imported firearms, saying that they must "be generally recognized as particularly suitable for or readily adaptable to sporting purposes". GCA sporting purposes include hunting and organized competitive target shooting but do not include " plinking " or " practical shooting " (which the ATF says

15190-402: The hands of the criminal, out of the hands of the insane, and out of the hands of the irresponsible, then we just must have licensing. If the criminal with a gun is to be tracked down quickly, then we must have registration in this country. The voices that blocked these safeguards were not the voices of an aroused nation. They were the voices of a powerful lobby, a gun lobby, that has prevailed for

15345-693: The head of the President's Committee on Equal Employment Opportunities , where Johnson worked with African Americans and other minorities. Kennedy may have intended this to remain a nominal position, but Taylor Branch contends in his book Pillar of Fire that Johnson pushed the Kennedy administration's actions further and faster for civil rights than Kennedy originally intended. Johnson went on multiple minor diplomatic missions, which gave him some insights into global issues and opportunities for self-promotion. During his visit to West Berlin on August 19–20, 1961, Johnson sought to calm Berliners who were outraged by

15500-447: The hint of threat. It was all of these together. It ran the gamut of human emotions. Its velocity was breathtaking and it was all in one direction. Interjections from the target were rare. Johnson anticipated them before they could be spoken. He moved in close, his face a scant millimeter from his target, his eyes widening and narrowing, his eyebrows rising and falling. From his pockets poured clippings, memos, statistics. Mimicry, humor, and

15655-589: The history that surrounds the adoption of the treaty provision in Article VI, make it clear that the reason treaties were not limited to those made in "pursuance" of the Constitution was so that agreements made by the United States under the Articles of Confederation, including the important peace treaties which concluded the Revolutionary War, would remain in effect. It would be manifestly contrary to

15810-478: The launch of Sputnik 1 , the first artificial Earth satellite , and used his influence to ensure passage of the National Aeronautics and Space Act of 1958 , which established NASA . Johnson helped establish the Senate Aeronautical and Space Committee , and made himself its first chairman. During his tenure as Majority Leader, Johnson did not sign the 1956 Southern Manifesto , and shepherded

15965-496: The law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. 18 U.S.C 922 (3) imposes punishment for being a drug addict, which was found to be unconstitutional by SCOTUS in Robinson v. California in 1962. While many states upon completion of

16120-594: The lead... They kept changing the results, and our lead got smaller and smaller and smaller. Finally, on Wednesday afternoon, we wound up on the short side of the stick and lost the election by 1,311 votes. I'm basically responsible for losing that 1941 campaign. We let them know exactly how many votes they had to have. In addition to O'Daniel's allies, state business interests aligned with former impeached and convicted Texas Governor "Pa" Ferguson had been concerned with O'Daniel's support of prohibition as Governor; they believed that he could do much less damage to their cause in

16275-516: The legislation, Mitchell was able to present Nixon with the bill. The CSA not only combined existing federal drug laws and expanded their scope, but it also changed the nature of federal drug law policies and expanded federal law enforcement pertaining to controlled substances. Title II, Part F of the Comprehensive Drug Abuse Prevention and Control Act of 1970 established the National Commission on Marijuana and Drug Abuse —known as

16430-628: The list of voters. Some on this part of the list insisted that they had not voted that day. Election judge Luis Salas said in 1977 that he had certified 202 fraudulent ballots for Johnson. Robert Caro made the case in his 1990 book that Johnson had stolen the election in Jim Wells County, and that there were thousands of fraudulent votes in other counties as well, including 10,000 votes switched in San Antonio . The Democratic State Central Committee voted to certify Johnson's nomination by

16585-401: The mission came under attack and Johnson's aircraft experienced mechanical problems, forcing it to turn back before reaching its objective. Others claim that the aircraft turned back because of generator trouble before encountering enemy aircraft and never came under fire, an account that is supported by the aircraft's official flight records. Other airplanes that continued came under fire near

16740-591: The moment in an election year." At the time of its passage in 1968, NRA executive vice president Franklin Orth wrote in American Rifleman that "the measure as a whole appears to be one that the sportsmen of America can live with". In the May 1993 issue of Guns & Ammo magazine, Jews for the Preservation of Firearms Ownership (JPFO) compared the GCA to Nazi gun laws . In a 2011 article noting

16895-400: The named substance, usually all possible ethers, esters, salts and stereoisomers of these substances are also controlled and also 'analogues', which are chemically similar chemicals. Schedule II substances are those that have the following findings: Except when dispensed directly to an ultimate user by a practitioner other than a pharmacist, no controlled substance in Schedule II, which is

17050-498: The national implementing legislation for the Single Convention on Narcotic Drugs . The legislation created five schedules (classifications), with varying qualifications for a substance to be included in each. Two federal agencies, the Drug Enforcement Administration (DEA) and the Food and Drug Administration (FDA), determine which substances are added to or removed from the various schedules, although

17205-448: The normal scheduling procedure or the findings of the HHS Secretary. However, the Secretary has great influence over any drug scheduling proposal under the Single Convention, because 21 U.S.C.   § 811(d)(2)(B) requires the Secretary the power to "evaluate the proposal and furnish a recommendation to the Secretary of State which shall be binding on the representative of the United States in discussions and negotiations relating to

17360-457: The objectives of those who created the Constitution, as well as those who were responsible for the Bill of Rights—let alone alien to our entire constitutional history and tradition—to construe Article VI as permitting the United States to exercise power under an international agreement without observing constitutional prohibitions. In effect, such construction would permit amendment of that document in

17515-531: The only ballot at the Democratic convention to Kennedy's 806, and so the convention nominated Kennedy. Tip O'Neill was a representative from Kennedy's home state of Massachusetts at that time, and he recalled that Johnson approached him at the convention and said, "Tip, I know you have to support Kennedy at the start, but I'd like to have you with me on the second ballot." O'Neill replied, "Senator, there's not going to be any second ballot." After much discussion with party leaders and others, Kennedy offered Johnson

17670-457: The opportunity to add new provisions that otherwise might have been unpalatable to the international community. According to David T. Courtwright, "the Act was part of an omnibus reform package designed to rationalize, and in some respects to liberalize, American drug policy." (Courtwright noted that the Act became, not libertarian , but instead repressionistic to the point of tyrannical in its intent;

17825-458: The partner or child, except that this paragraph shall only apply to a court order that— (9) has been convicted in any court of a misdemeanor crime of domestic violence. With the following exceptions: (ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if

17980-574: The president's brother, Attorney General Robert F. Kennedy , and they ridiculed his comparatively brusque and crude manner. Then Congressman Tip O'Neill recalled that the Kennedy brothers "had a disdain for Johnson that they didn't even try to hide.... They actually took pride in snubbing him." Kennedy made efforts to keep Johnson busy and informed, telling aides, "I can't afford to have my vice president, who knows every reporter in Washington, going around saying we're all screwed up, so we're going to keep him happy." Kennedy appointed him to jobs such as

18135-482: The proposal." Similarly, if the United Nations Commission on Narcotic Drugs adds or transfers a substance to a schedule established by the Convention on Psychotropic Substances, so that current U.S. regulations on the drug do not meet the treaty's requirements, the Secretary is required to issue a recommendation on how the substance should be scheduled under the CSA. If the Secretary agrees with

18290-588: The public became frustrated with both the Vietnam War and domestic unrest, including race riots in major cities and increasing crime. Johnson initially sought to run for re-election; however, following disappointing results in the New Hampshire primary he withdrew his candidacy . Johnson retired to his Texas ranch and died in 1973. Public opinion and academic assessments of Johnson's legacy have fluctuated greatly. Historians and scholars rank Johnson in

18445-468: The race resulted from his fear of losing. Johnson attempted in vain to capitalize on Kennedy's youth, poor health, and failure to take a position regarding McCarthyism . He had formed a "Stop Kennedy" coalition with Adlai Stevenson , Stuart Symington , and Hubert Humphrey, but it proved a failure. Despite Johnson having the support of established Democrats and the party leadership, this did not translate into popular approval. Johnson received 409 votes on

18600-858: The re-nomination of Leland Olds as Chairman of the Federal Power Commission on the grounds that he had been sympathetic towards Communism. Johnson was appointed to the Senate Armed Services Committee , and became increasingly concerned with the country's military preparedness in the Cold War with the Soviet Union . He became chairman of the Senate Preparedness Investigating Subcommittee , and conducted investigations of defense costs and efficiency. After

18755-555: The religious beliefs that his family , especially his grandfather, had shared with him. Johnson grew up poor, with his father losing a great deal of money. Biographer Robert Caro described him as being raised "in a land without electricity, where the soil was so rocky that it was hard to earn a living from it." In school, Johnson was a talkative youth who was elected president of his 11th-grade class. He graduated in 1924 from Johnson City High School , where he participated in public speaking , debate , and baseball . At 15, Johnson

18910-411: The same state are allowed under federal law so long as such transfers do not violate the other existing federal and state laws. While current law mandates that a background check be performed if the seller has a federal firearms license, private parties living in the same state are not required to perform such checks under federal law. A person who does not have a Federal Firearms License may not be in

19065-463: The schedule of a drug or other substance may be initiated by the DEA, the Department of Health and Human Services (HHS), or by petition from any interested party, including the manufacturer of a drug, a medical society or association, a pharmacy association, a public interest group concerned with drug abuse, a state or local government agency, or an individual citizen. When a petition is received by

19220-544: The serial number requirement. Defacement or removal of the serial number (if present) became a felony offense under the law where previously no serial number was required. In a June 1966 essay, Neal Knox wrote that what was then called the Dodd Bill was opposed by outdoorsmen and conservationists Harry R. Woodward , C. R. Gutermuth of the Wildlife Management Institute, Richard H. Stroud of

19375-563: The state with campaign circulars and won over conservatives by casting doubts on Stevenson's support for the Taft–Hartley Act (curbing union power). Stevenson came in first in the primary but lacked a majority, so a runoff election was held; Johnson campaigned harder, while Stevenson's efforts slumped due to a lack of funds. The runoff vote count, handled by the Democratic State Central Committee, took

19530-416: The statewide results were announced. By waiting until the statewide result was reported, Johnson was able to know the figure he had to surpass and so could add as many votes as necessary to his total. It would prove consequential, as Johnson would win the Democratic primary in 1948 by just 87 votes. Johnson was appointed a lieutenant commander in the U.S. Naval Reserve on June 21, 1940. While serving as

19685-757: The statute passed by Congress created the initial listing. Congress has sometimes scheduled other substances through legislation such as the Hillory J. Farias and Samantha Reid Date-Rape Prevention Act of 2000 , which placed gamma hydroxybutyrate (GHB) in Schedule I and sodium oxybate (the isolated sodium salt in GHB) in Schedule III when used under an FDA New Drug Application (NDA) or Investigational New Drug (IND). Classification decisions are required to be made on criteria including potential for abuse (an undefined term), currently accepted medical use in treatment in

19840-685: The support of Southern Democrats , and the favors owed by Democratic senators to him and by Democratic representatives to his close ally Sam Rayburn, the Speaker of the House. In July 1960, Johnson finally entered the campaign. Johnson's late entry, coupled with his reluctance to leave Washington, D.C., allowed rival John F. Kennedy to secure a substantial early lead in securing support from Democratic state party officials. Johnson underestimated Kennedy's endearing charm and intelligence in comparison to his perceived crude and wheeling-dealing "Landslide Lyndon" style. Caro suggests that Johnson's hesitancy to enter

19995-414: The target about the same time Johnson's plane was recorded as having landed back at the original airbase. Johnson's biographer Robert Caro was quoted as saying "I think that the weight of the evidence at this moment is that the plane was attacked by Zeroes and that he was cool under fire", but also "The fact is, LBJ never got within sight of Japanese forces. His combat experience was a myth." Johnson used

20150-520: The task of evaluating the U.S. space program and recommending a project that would allow the United States to catch up or beat the Soviets. Johnson recommended that the United States gain the leadership role by committing to landing an American on the Moon in the 1960s . Kennedy assigned priority to the space program, but Johnson's appointment provided cover in case of a failure. In August 1963, Johnson

20305-498: The traditionally ineffective nature of his new office and sought authority not allotted to him as vice president. He initially sought a transfer of the authority of Senate majority leader to the vice presidency, since that office made him president of the Senate, but faced vehement opposition from the Democratic Caucus, including members whom he had counted as his supporters. Johnson sought to increase his influence within

20460-400: The upper tier for his accomplishments regarding domestic policy. His administration passed many major laws that made substantial changes in civil rights, health care, welfare, and education. Conversely, Johnson is heavily criticized for his foreign policy, namely escalating American involvement in the Vietnam War. Lyndon Baines Johnson was born on August 27, 1908, near Stonewall, Texas , in

20615-482: The vacancy, meaning that the election would not be held during a normal November election, giving Johnson the chance to run without forfeiting his seat in the House. The election would be held without party primaries, and with no runoff, meaning that Johnson would have to compete against every Democrat — without the chance of facing the frontrunner, Governor W. Lee "Pappy" O'Daniel, in a 1-on-1 runoff election. The first pre-election polls showed Johnson receiving only 5% of

20770-487: The vice presidential nomination at the Los Angeles Biltmore Hotel on July 14, the morning after Kennedy was nominated, and Johnson accepted. From that point to the actual nomination that evening, several facts are in dispute, including whether convention chairman LeRoy Collins ' had the two-thirds majority required to begin the convention's proceedings. Kennedy's choice of Johnson as his running mate

20925-450: The vote tallies. Connally told them to report the votes, which allegedly allowed O'Daniel's political allies among the South and East Texas party bosses to know the exact number of fraudulent votes needed for O'Daniel to catch up to Johnson. According to Connally, The opposition then ‍—‌ Governor O'Daniel and his people ‍—‌ knew exactly how many votes they had to have to take

21080-481: The vote, but Johnson ran a fierce campaign, barnstorming the state and emphasizing his close relationship with President Roosevelt. On Election Day, Johnson held a strong lead in the returns throughout the whole night, and with 96 percent of the ballots counted, Johnson held a 5,000-vote lead. According to John Connally, future Governor and Johnson's campaign manager, local election officials began calling Connally's office and asking him about whether they should report

21235-499: Was "The Treatment", described by two journalists: The Treatment could last ten minutes or four hours. It came, enveloping its target, at the Johnson Ranch swimming pool, in one of Johnson's offices, in the Senate cloakroom, on the floor of the Senate itself – wherever Johnson might find a fellow Senator within his reach. Its tone could be supplication, accusation, cajolery, exuberance, scorn, tears, complaint, and

21390-571: Was a great-grandson of Baptist clergyman George Washington Baines . Johnson's paternal grandfather, Samuel Ealy Johnson Sr. , was raised Baptist and for a time was a member of the Christian Church (Disciples of Christ) . In his later years, Samuel Sr. became a Christadelphian ; Samuel Jr. also joined the Christadelphian Church toward the end of his life. Johnson was influenced in his positive attitude toward Jews by

21545-595: Was a temporary exposure to danger calculated to satisfy Johnson's personal and political wishes, but it also represented a genuine effort on his part, however misplaced, to improve the lot of America's fighting men." In addition to the Silver Star, Johnson received the American Campaign Medal , Asiatic-Pacific Campaign Medal , and the World War II Victory Medal . He was discharged from active duty on July 17, 1942, but remained in

21700-488: Was aimed at expanding civil rights, public broadcasting, access to health care, aid to education and the arts, urban and rural development, consumer protection, environmentalism, and public services. He sought to create better living conditions for low-income Americans by spearheading the war on poverty . As part of these efforts, Johnson signed the Social Security Amendments of 1965 , which resulted in

21855-549: Was also being drafted by the Department of Justice ; its wording closely mirrored the Controlled Substances Act. Since its enactment in 1970, the Act has been amended numerous times: The Controlled Substances Act consists of two subchapters. Subchapter I defines Schedules I–V, lists chemicals used in the manufacture of controlled substances, and differentiates lawful and unlawful manufacturing, distribution, and possession of controlled substances, including possession of Schedule I drugs for personal use; this subchapter also specifies

22010-533: Was appointed head of the Texas National Youth Administration , which enabled him to create government-funded education and job opportunities for young people. He resigned two years later to run for Congress. A notoriously tough boss, Johnson often demanded long workdays and work on weekends. He was described by friends, fellow politicians, and historians as motivated by lust for power and control. As Caro observes, "Johnson's ambition

22165-404: Was chosen by his fellow Democrats as Senate Minority Leader ; he became the most junior senator ever elected to this position. He reformed the seniority system so that Democratic senators, including freshmen, were more likely to receive a committee assignment that closely aligned with their expertise rather than an assignment based solely on their seniority. In 1954 , Johnson was re-elected to

22320-470: Was in too much haste to assume power. In response to the public demand for answers and the growing number of conspiracy theories , Johnson established a commission headed by Chief Justice Earl Warren , known as the Warren Commission , to investigate Kennedy's assassination. The commission conducted extensive research and hearings and unanimously concluded that Lee Harvey Oswald acted alone in

22475-499: Was intended to attract Southern votes. Kennedy was a liberal Bostonian and a Roman Catholic . Johnson was more conservative, a Southerner , and a member of the Disciples of Christ . Nevertheless, labor leaders were unanimous in their opposition to Johnson. AFL-CIO President George Meany called Johnson "the arch-foe of labor", and Illinois AFL-CIO President Reuben Soderstrom asserted Kennedy had "made chumps out of leaders of

22630-466: Was not impeded by the Act so long as the seller is federally licensed and such a sale is allowed by both the state of purchase and the state of residence. Private sales between residents of two different states are also prohibited without going through a licensed dealer, except for the case of a buyer holding a Curio & Relic license purchasing a firearm that qualifies as a curio or relic. Private sales between unlicensed individuals who are residents of

22785-399: Was placed temporarily in Schedule IV (November 5, 1984), there was no evidence of abuse or trafficking of the drug in the United States. The Cato Institute 's Handbook for Congress calls for repealing the CSA, an action that would likely bring the United States into conflict with international law , were the United States not to exercise its sovereign right to withdraw from and/or abrogate

22940-484: Was planning on dropping Johnson from the Democratic ticket in the 1964 presidential election . However, on October 31, 1963, a reporter asked if he intended and expected to retain Johnson on the ticket. Kennedy replied, "Yes to both those questions." There is little doubt that Robert Kennedy and Johnson hated each other, yet John and Robert Kennedy agreed that dropping Johnson from the ticket could produce heavy losses in

23095-563: Was poor. Johnson told Forrestal that the Pacific Fleet had a "critical" need for 6,800 additional experienced men. Johnson prepared a twelve-point program to upgrade the effort in the region, stressing "greater cooperation and coordination within the various commands and between the different war theaters". Congress responded by making Johnson chairman of a high-powered subcommittee of the Naval Affairs Committee, with

23250-521: Was shaped by the Civil Rights Act of 1964 , the Voting Rights Act of 1965 , and the Civil Rights Act of 1968 . Due to his domestic agenda, Johnson's presidency marked the peak of modern American liberalism in the 20th century. Johnson's foreign policy prioritized containment of communism, including in the ongoing Vietnam War . Johnson began his presidency with near-universal support, but his approval declined throughout his presidency as

23405-480: Was the 36th president of the United States , serving from 1963 to 1969. He became president after the assassination of John F. Kennedy , under whom he had served as the 37th vice president from 1961 to 1963. A Democrat from Texas , Johnson previously served as a U.S. representative and U.S. senator . Born in Stonewall, Texas , Johnson worked as a teacher and a congressional aide before winning election to

23560-480: Was the youngest in his class. Pressured by his parents to attend college, he enrolled at a "sub college" of Southwest Texas State Teachers College (SWTSTC) in the summer of 1924, where students from unaccredited high schools could take the 12th-grade courses needed for admission to college. He left the school just weeks after his arrival and decided to move to California. He worked at his cousin's legal practice and in odd jobs before returning to Texas, where he worked as

23715-690: Was touched by a Senate scandal when Bobby Baker , the Secretary to the Majority Leader of the Senate and a protégé of Johnson's, came under investigation by the Senate Rules Committee for alleged bribery and financial malfeasance. One witness alleged that Baker arranged for the witness to give kickbacks for the Vice President. Baker resigned in October, and the investigation did not expand to Johnson. The negative publicity, however, fed rumors in Washington circles that Kennedy

23870-409: Was uncommon – in the degree to which it was unencumbered by even the slightest excess weight of ideology, of philosophy, of principles, of beliefs." In 1937, after the death of 13-term congressman James P. Buchanan , Johnson successfully campaigned in a special election for Texas's 10th congressional district , which included Austin and the surrounding Texas Hill Country . He ran on

24025-470: Was unusually proficient at gathering information. One biographer suggests he was "the greatest intelligence gatherer Washington has ever known", discovering exactly where every senator stood on issues, his philosophy and prejudices, his strengths and weaknesses, and what it took to get his vote. Bobby Baker claimed that Johnson would occasionally send senators on NATO trips so they were absent and unable to cast dissenting votes. Central to Johnson's control

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