Birch Bayh
Encyclopedia
Birch Evans Bayh II (ˈbaɪ ; born January 22, 1928) is a former United States
Senator
from Indiana
, having served from 1963 to 1981. He was a candidate for the Democratic nomination
for president
in the 1976 election, but lost to Jimmy Carter
. He is the father of former Indiana
Governor and former U.S. Senator Evan Bayh
.
, a son of Birch Evans Bayh Sr. and his wife Leah Hollingsworth. As an MP, he served with the United States Army
in occupied Germany following World War II. Bayh graduated from the Purdue University
School of Agriculture in 1951 and later attended Indiana State University
. He received his JD from the Indiana University Maurer School of Law
in 1960.
Bayh served in the Indiana House of Representatives
from 1954 to 1962. He rose to the position of Speaker, and in 1961 was admitted to the Indiana Bar. He won the 1962 US Senate race in Indiana.
On June 19, 1964, Bayh, his wife, Senator Ted Kennedy
and legislative aide Edward Moss were on a small plane that crashed in heavy fog near Springfield, Massachusetts
. Senator Bayh pulled the badly injured Kennedy from the wreckage. Bayh and his wife
were only slightly injured, while the pilot and Moss were both killed.
Bayh was influential in the passing of Title IX
to the Higher Education Act, which aimed to give women equal opportunities in public education.
As chairman of the Senate
subcommittee on Constitutional Amendments, Bayh was the principal architect of two constitutional amendments:
Bayh was also the principal Senate sponsor of the Equal Rights Amendment
, which passed both Houses of Congress, but was not ratified by the states. The proposed Constitutional change with which he 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 70s. One of Bayh's proposals passed the House easily but was filibuster
ed 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
. In 2006, he joined the National Popular Vote Inc.
coalition, which aims to effect Electoral College reform through an interstate compact
, and wrote a foreword to the book Every Vote Equal.
He was a co-sponsor of the Bayh-Dole Act
which allowed United States universities, small businesses, and non-profit organizations to retain intellectual property
rights of inventions developed from federal government-funded research.
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 cancer activist. In October 1975 Bayh announced his candidacy for the 1976 Democratic nomination. Bayh was considered a leading choice out of 12 candidates, and he was popular with organized labor and other liberal groups. However, his late start put him at a fundraising and organizational disadvantage. In January/February, Bayh finished third in the Iowa caucuses behind Uncommitted delegates and Jimmy Carter
and third in the New Hampshire primary
behind Carter and Morris K. Udall. A week later, Bayh finished a weak seventh place in the Massachusetts primary and ended his candidacy.
He ran for reelection for a fourth term in the 1980 election. Bayh and his opponent, Congressman and future Vice President Dan Quayle
, engaged in seven debates. In those debates, Quayle attacked Bayh's liberal voting record, which hurt Bayh, and he was defeated for reelection in the Republican landslide year
, with 46% of the vote to Quayle's 54%. Bayh has since resumed his law practice.
He currently resides in Easton, Maryland
, with his second wife Kitty, is a fellow at the C.V Starr Center of Washington College
in Chestertown, Maryland
, and a partner at the Washington, D.C.
, law firm Venable LLP
.
in the Senate. The brief urged affirmance of the lower court's decision that Title IX proscribes employment discrimination in federally funded education programs. The court agreed.
In 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.
In 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 argued that "a federal contractor's ownership rights to inventions covered by the Bayh-Dole Act cannot be terminated unilaterally by an individual inventor through a separate agreement purporting to assign the inventor's rights to a third party." The court disagreed, writing that "the Bayh-Dole Act does not automatically vest title to federally funded inventions in federal contractors or authorize contractors to unilaterally take title to such inventions."
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
from Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
, having served from 1963 to 1981. He was a candidate for the Democratic nomination
Democratic Party (United States) presidential primaries, 1976
The 1976 Democratic presidential primaries were the selection process by which voters of the Democratic Party chose its nominee for President of the United States in the 1976 U.S. presidential election...
for president
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
in the 1976 election, but lost to Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
. He is the father of former Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
Governor and former U.S. Senator Evan Bayh
Evan Bayh
Birch Evans "Evan" Bayh III is a lawyer, advisor and former Democratic politician who served as the junior U.S. Senator from Indiana from 1999 to 2011. He earlier served as the 46th Governor of Indiana from 1989 to 1997. Bayh is a current Fox News contributor as of March 14, 2011.Bayh first held...
.
Life and career
Bayh was born in Terre Haute, IndianaTerre Haute, Indiana
Terre Haute is a city and the county seat of Vigo County, Indiana, United States, near the state's western border with Illinois. As of the 2010 census, the city had a total population of 60,785 and its metropolitan area had a population of 170,943. The city is the county seat of Vigo County and...
, a son of Birch Evans Bayh Sr. and his wife Leah Hollingsworth. As an MP, he served with the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
in occupied Germany following World War II. Bayh graduated from the Purdue University
Purdue University
Purdue University, located in West Lafayette, Indiana, U.S., is the flagship university of the six-campus Purdue University system. Purdue was founded on May 6, 1869, as a land-grant university when the Indiana General Assembly, taking advantage of the Morrill Act, accepted a donation of land and...
School of Agriculture in 1951 and later attended Indiana State University
Indiana State University
Indiana State University is a public university located in Terre Haute, Indiana, United States.The Princeton Review has named Indiana State as one of the "Best in the Midwest" seven years running, and the College of Education's Graduate Program was recently named as a 'Top 100' by U.S...
. He received his JD from the Indiana University Maurer School of Law
Indiana University Maurer School of Law
The Indiana University Maurer School of Law is located on the flagship campus of Indiana University in Bloomington, Indiana. The law school is one of two law schools operated by the Indiana University system, the other being the Indiana University McKinney School of Law...
in 1960.
Bayh served in the Indiana House of Representatives
Indiana House of Representatives
The Indiana House of Representatives is the lower house of the Indiana General Assembly, the state legislature of the U.S. state of Indiana. The House is composed of 100 members representing an equal number of constituent districts. House members serve two-year terms without term limits...
from 1954 to 1962. He rose to the position of Speaker, and in 1961 was admitted to the Indiana Bar. He won the 1962 US Senate race in Indiana.
On June 19, 1964, Bayh, his wife, Senator Ted Kennedy
Ted Kennedy
Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
and legislative aide Edward Moss were on a small plane that crashed in heavy fog near Springfield, Massachusetts
Springfield, Massachusetts
Springfield is the most populous city in Western New England, and the seat of Hampden County, Massachusetts, United States. Springfield sits on the eastern bank of the Connecticut River near its confluence with three rivers; the western Westfield River, the eastern Chicopee River, and the eastern...
. Senator Bayh pulled the badly injured Kennedy from the wreckage. Bayh and his wife
Marvella Bayh
Marvella Hern Bayh was the wife of Indiana Senator Birch Bayh and the mother of former Indiana Senator Birch Evans Bayh III .She was born in Oklahoma, married Birch Bayh in 1952 and moved to Indiana...
were only slightly injured, while the pilot and Moss were both killed.
Bayh was influential in the passing of Title IX
Title IX
Title IX of the Education Amendments of 1972 is a United States law, enacted on June 23, 1972, that amended Title IX of the Civil Rights Act of 1964. In 2002 it was renamed the Patsy T. Mink Equal Opportunity in Education Act, in honor of its principal author Congresswoman Mink, but is most...
to the Higher Education Act, which aimed to give women equal opportunities in public education.
As chairman of the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
subcommittee on Constitutional Amendments, Bayh was the principal architect of two constitutional amendments:
- The 25th AmendmentTwenty-fifth Amendment to the United States ConstitutionThe Twenty-fifth Amendment to the United States Constitution deals with succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice President, as well as responding to Presidential disabilities...
, which established the rules for presidential succession and disability. - The 26th AmendmentTwenty-sixth Amendment to the United States ConstitutionThe Twenty-sixth Amendment to the United States Constitution limited the minimum voting age to no more than 18. It was adopted in response to student activism against the Vietnam War and to partially overrule the Supreme Court's decision in Oregon v. Mitchell...
, which lowered the minimum voting age to 18.
Bayh was also the principal Senate sponsor of the Equal Rights Amendment
Equal Rights Amendment
The Equal Rights Amendment was a proposed amendment to the United States Constitution. The ERA was originally written by Alice Paul and, in 1923, it was introduced in the Congress for the first time...
, which passed both Houses of Congress, but was not ratified by the states. The proposed Constitutional change with which he 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
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
) and replace it with a popular vote in the 1960s and 70s. One of Bayh's proposals passed the House easily but was filibuster
Filibuster
A filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...
ed 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
Article Five of the United States Constitution
Article Five of the United States Constitution describes the process whereby the Constitution may be altered. Altering the Constitution consists of proposing an amendment and subsequent ratification....
. In 2006, he joined the National Popular Vote Inc.
National Popular Vote Inc.
National Popular Vote Inc. is a non-profit organization based in Los Altos, California, launched in 2006 by Barry Fadem and John Koza, and led by Fadem, Koza and businessman, reform advocate and past Independence Party candidate for Governor of New York B. Thomas Golisano...
coalition, which aims to effect Electoral College reform through an interstate compact
Interstate compact
An interstate compact is an agreement between two or more states of the United States of America. Article I, Section 10 of the United States Constitution provides that "no state shall enter into an agreement or compact with another state" without the consent of Congress...
, and wrote a foreword to the book Every Vote Equal.
He was a co-sponsor of the Bayh-Dole Act
Bayh-Dole Act
The Bayh–Dole Act or Patent and Trademark Law Amendments Act is United States legislation dealing with intellectual property arising from federal government-funded research. Adopted in 1980, Bayh-Dole is codified in -212, and implemented by 37 C.F.R. 401. Among other things, it gave U.S...
which allowed United States universities, small businesses, and non-profit organizations to retain intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
rights of inventions developed from federal government-funded research.
Bayh intended to run for the 1972 Democratic nomination
Democratic Party (United States) presidential primaries, 1972
The 1972 Democratic presidential primaries were the selection process by which voters of the Democratic Party chose its nominee for President of the United States in the 1972 U.S. presidential election...
for president, but his wife was diagnosed with cancer
Cancer
Cancer , known medically as a malignant neoplasm, is a large group of different diseases, all involving unregulated cell growth. In cancer, cells divide and grow uncontrollably, forming malignant tumors, and invade nearby parts of the body. The cancer may also spread to more distant parts of the...
and he put his plans on hold. Before her death in 1979, Marvella Bayh became a leading cancer activist. In October 1975 Bayh announced his candidacy for the 1976 Democratic nomination. Bayh was considered a leading choice out of 12 candidates, and he was popular with organized labor and other liberal groups. However, his late start put him at a fundraising and organizational disadvantage. In January/February, Bayh finished third in the Iowa caucuses behind Uncommitted delegates and Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
and third in the New Hampshire primary
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
behind Carter and Morris K. Udall. A week later, Bayh finished a weak seventh place in the Massachusetts primary and ended his candidacy.
He ran for reelection for a fourth term in the 1980 election. Bayh and his opponent, Congressman and future Vice President Dan Quayle
Dan Quayle
James Danforth "Dan" Quayle served as the 44th Vice President of the United States, serving with President George H. W. Bush . He served as a U.S. Representative and U.S. Senator from the state of Indiana....
, engaged in seven debates. In those debates, Quayle attacked Bayh's liberal voting record, which hurt Bayh, and he was defeated for reelection in the Republican landslide year
Reagan's coattails
Reagan’s coattails refers to the influence of Ronald Reagan’s popularity in elections other than his own, after the American political expression to “ride in on another’s coattails.” Chiefly, it refers to the “Reagan Revolution” accompanying his 1980 election to the U.S. Presidency. This victory...
, with 46% of the vote to Quayle's 54%. Bayh has since resumed his law practice.
He currently resides in Easton, Maryland
Easton, Maryland
Easton, founded 1710, is a town within the Easton District of Talbot County, Maryland, United States. The population was 11,708 at the 2000 census, and 14,677 according to current July 2008 census estimates. It is the county seat of Talbot County. The primary ZIP Code is 21601, and the...
, with his second wife Kitty, is a fellow at the C.V Starr Center of Washington College
Washington College
Washington College is a private, independent liberal arts college located on a campus in Chestertown, Maryland, on the Eastern Shore. Maryland granted Washington College its charter in 1782...
in Chestertown, Maryland
Chestertown, Maryland
Chestertown is a town in Kent County, Maryland, United States. The population was 4,746 at the 2000 census. It is the county seat of Kent County. The ZIP code is 21620 and the area codes are 410 and 443...
, and a partner at the Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, law firm Venable LLP
Venable LLP
Venable LLP is a law firm formerly known as Venable, Baetjer & Howard LLP. The firm is . It was founded in Baltimore in 1900. Today the firm maintains 7 offices throughout the country and includes over 500 attorneys practicing in over covering corporate and business law, complex litigation,...
.
Advocacy
In 1981, Bayh joined Robert Drinan, Don Edwards, Edith Green, Patsy Mink and Patricia Schkroeder, to file an amicus brief before the Supreme Court in the case of North Haven Board of Education v. Bell. Bayh had been the sponsor and floor manager of Title IXTitle IX
Title IX of the Education Amendments of 1972 is a United States law, enacted on June 23, 1972, that amended Title IX of the Civil Rights Act of 1964. In 2002 it was renamed the Patsy T. Mink Equal Opportunity in Education Act, in honor of its principal author Congresswoman Mink, but is most...
in the Senate. The brief urged affirmance of the lower court's decision that Title IX proscribes employment discrimination in federally funded education programs. The court agreed.
In 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.
In 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
Bayh-Dole Act
The Bayh–Dole Act or Patent and Trademark Law Amendments Act is United States legislation dealing with intellectual property arising from federal government-funded research. Adopted in 1980, Bayh-Dole is codified in -212, and implemented by 37 C.F.R. 401. Among other things, it gave U.S...
required that ownership patents for inventions resulting from federally-funded research must automatically go to the federal contractor. Bayh argued that "a federal contractor's ownership rights to inventions covered by the Bayh-Dole Act cannot be terminated unilaterally by an individual inventor through a separate agreement purporting to assign the inventor's rights to a third party." The court disagreed, writing that "the Bayh-Dole Act does not automatically vest title to federally funded inventions in federal contractors or authorize contractors to unilaterally take title to such inventions."
Writings
- The Making of an Amendment, Bobbs-Merrill, 1966.
- One Heartbeat Away: President Disability and Succession, Bobbs-Merrill, 1968.
- Drug Abuse in the Military. Report, Based on Hearings and Investigations, 1966–1970, U.S. Government Printing Office (Washington, DC), 1971.
- Legislative Oversight Hearings on Federal Juvenile Delinquency Programs, March 31 and April 1, 1971, U.S. Government Printing Office (Washington, DC), 1971.
- Barbiturate Abuse in the United States: Report Based on Hearings and Investigations, 1971–1972, U.S. Government Printing Office (Washington, DC), 1973.
- Selected Materials on the Twenty—Fifth Amendment: Report of Constitutional Amendments Subcommittee, U.S. Government Printing Office (Washington, DC), 1973.
- Our Nation's Schools—a Report Card "A" In School Violence and Vandalism: Preliminary Report of the Subcommittee to Investigate Juvenile Delinquency, Based on Investigations, 1971–1975, U.S. Government Printing Office (Washington, DC), 1975.
- Challenge for the Third Century: Education in a Safe Environment: Final Report on the Nature and Prevention of School Violence and Vandalism: Report of the Subcommittee to Investigate Juvenile Delinquency, U.S. Government Printing Office (Washington, DC), 1977.