A longtime advocate of amnesty for illegal immigrants, Kennedy co-sponsored the Immigration Reform Act of 2007, which failed following a grassroots backlash against lax U.S. border control policies.
Kennedy's legislative accomplishments had a dark side as well. As he worked diligently in the back rooms that Senate deal-makers frequented, his years in the Senate saw a metastatic growth in the size of the federal government. Suggestions that Kennedy's progressive intentions could pave the road to disastrous outcomes were ridiculed as ignorant fear-mongering, even as they are today.
In 1965, for example, Kennedy dismissed opponents of the Hart-Celler Act, who feared it would contribute to a vast flood of immigration into the United States.
Kennedy insisted during a hearing: "The bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs."
Four decades later, with more than 12 million illegal immigrants living in the United States, Kennedy's lifelong drive to open up the United States to an influx of immigration has had serious — if not devastating — consequences.
Historically, Kennedy's most tainted legislative legacy may be his vitriolic, personal attack campaign against brilliant originalist legal scholar Robert Bork.
Former President Ronald Reagan nominated Bork the nation's highest court in 1987. Kennedy's tactics in defeating the Bork nomination have been blamed for indelibly staining the once-dignified process of Senate confirmation. Kennedy's scorched-earth opposition to Bork injected a spirit of bitter partisanship into the process of confirming the future nominations of both parties' presidents.
"Robert Bork's America," Kennedy charged before those hearing even got under way, "is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individuals rights that are the heart of our democracy."
Kennedy's broadside was so over the top, and so radical in the context of traditional Senate decorum, that it paralyzed the GOP and mobilized the left. Bork's nomination was defeated.
"If there had been any question before the Bork nomination of who ran the Senate," the Boston Globe reported, "there was none after."
Despite Kennedy's influence in the Senate, his reputation as a liberal lion there sustained heavy damage in the early 1990s. His oddly passive performance during the controversial confirmation hearings for U.S. Supreme Court Justice Clarence Thomas received strident criticism from the left, with whisperers suggesting Kennedy's reticence to launch ad hominem attacks against Thomas stemmed from his own personal failings.
Polls suggested that Kennedy's reputation also sustained a blow from the pending sexual-assault trial in a Palm Beach, Fla., incident involving his nephew, William Kennedy Smith, who eventually was acquitted of the charges. Although the senator was not accused of breaking any law in connection with the case, the testimony revealed a seamy side to the Kennedy mystique that voters found distasteful.
These concerns, as well as Kennedy's looming 1994 re-election campaign, led to the famous "mea culpa" speech he delivered at Harvard, in which he confessed, with wife-to-be Victoria Reggie in the audience: "I am painfully aware that the criticism directed at me in recent months involves far more than disagreements with my positions," said the senator, "or the usual criticism from the far right. It also involves the disappointment of friends and many others who rely on me to fight the good fight.
"To them I say, I recognize my own shortcomings — the faults in the conduct of my private life. I realize that I alone am responsible for them, and I am the one who must confront them."
Kennedy remarked that, unlike his brothers, "I have been given length of years and time. And as I approach my 60th birthday, I am determined to give all that I have to advance the causes for which I have stood for almost a quarter of a century."
Kennedy went on in 1994 to defeat a tough Republican challenger election by the name of Mitt Romney — the future governor of Massachusetts and 2008 contender for the GOP presidential nomination — with 58 percent of the vote.
Kennedy delivered one of the biggest blows to the presidential aspirations of then-Sen. Hillary Clinton's presidential campaign on Jan. 28, 2008, when he rocked the political world with his unreserved endorsement of Barack Obama for president. His speech neatly cloaked Obama in the Camelot legacy of his iconic brothers:
"There was another time, when another young candidate was running for president and challenging America to cross a new frontier," Kennedy said. "He faced criticism from the preceding Democratic president, who was widely respected in the party."
It was a reference to JFK antagonist Harry S. Truman.
The senator continued: "And John Kennedy replied, 'The world is changing. The old ways will not do . . . It is time for a new generation of leadership.
"So it is with Barack Obama," Kennedy concluded.
However, Kennedy's deteriorating health would limit his campaigning on Obama's behalf.
On May 17, 2008, Kennedy was airlifted to a Cape Cod hospital and received the diagnosis of malignant glioma: brain cancer. But those who thought even this setback would force Kennedy to retire from the public square were mistaken once again. His rousing appearance at the 2008 Democratic National Convention mobilized party faithful to unite behind Obama's candidacy.
"My fellow Americans . . . it is so wonderful to be here. And nothing, nothing is going to keep me away from this special gathering tonight!" he declared to loud applause.
After Obama won the presidency, Kennedy fought his declining health to do whatever he could to assist Obama's effort to yank the wheel of America's ship of state hard to the left. And when Obama visited Pope Benedict XVI in July, he delivered a personal letter from Kennedy, and asked that the Pope pray for him. And Kennedy continued to push for his lifelong dream of nationalized healthcare for all Americans.
Whenever he could muster the strength, Kennedy ventured onto his sailing yacht Mya with family and friends, ever eager to resume his lifelong love affair with the wind and water off the coast of Cape Cod. To the very end, it was a fitting image: Kennedy at the helm, sailing into an uncharted history that would judge both his accomplishments and his failings.
Kennedy was the second-longest-serving member of the Senate, behind only West Virginia Democrat Robert Byrd, and the third-longest-serving senator of all time.
The passing of Joseph P. Kennedy's last living son arguably concludes one of the most noteworthy chapters in the nation's political history. The younger family members who grew up in Ted Kennedy's shadow — the children, the grandchildren, the nieces and nephews — all ensure that the Kennedy legacy will endure for generations to come.
In one of his speeches, Joseph's youngest son spoke of carrying forward the legacy that comes with being a Kennedy.
"Like my three brothers before me, I pick up a fallen standard," he said, "sustained by their memory of our priceless years together. I shall strive to carry forward that special commitment to justice, to excellence, and courage that distinguished their lives."
[Editor's Note: Read “The Last Lion of Camelot: Sen. Edward M. Kennedy, 1932-2009” Go here now.]
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COMMENT: While we remember Ted Kennedy's legacy as a man of the people, we cannot forget that he was in the end just a man. A man with demons thrust upon him both by fate and circumstance and by those of his own creation. No doubt his love for his country was beyond question and his efforts to improve the lot of the American people were sincere and well-intentioned. Had he tempered his vision (as well as his political and personal life) with realistic discipline, perhaps more of his visions for America would have been fulfilled. His legacy will be one based more on speculation as to what could have happened if the Chappaquiddick incident had not occurred. What would have happened if Kennedy could have saved Mary Jo Kopechne that night in 1969? Could he have defeated Richard Nixon in 1972 and changed the history of the past 37 years? Could his vision of America have come true under a Presidency of his own? We will never know. What is certain is this. Ted Kennedy's mark on the American political landscape is indelible and the Kennedy name in American politics will go on. Rest in Peace, Mr. Kennedy.
"Enough Said!"