Obituaries
Johnny H. Killian, 70; Eye on Constitution
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Thursday, May 1, 2008; Page B07
Johnny H. Killian, 70, who advised Congress for more than 44 years on constitutional matters ranging from early civil rights legislation to the rights of Guantanamo Bay detainees, died of cardiopulmonary arrest April 27 at ManorCare nursing home in Arlington County.
As senior specialist in American public law at the Congressional Research Service, Mr. Killian was the person most often called upon when the constitutionality of a proposal was in question. He also was the editor of and major contributor to the 1972, 1982, 1992 and 2002 editions of "Constitution of the United States of America: Analysis and Interpretation," nicknamed the Annotated, a seminal work on the judicial history of all constitutional amendments that is a standard text in U.S. law schools.
Most of his work was anonymous or nearly so, disseminated in confidential memos to elected officials and becoming public only when his advice was cited in the Congressional Record. Nevertheless, Mr. Killian was highly influential because members of Congress depended on him to alert them when a bill was hurtling headfirst into the wall of established precedents, Supreme Court decisions or settled constitutional matters. His advice was not always taken, colleagues said, but his influence could exceed that of most judges or law professors.
"What he was most important for was certainly his knowledge of constitutional history, but mostly when we were stepping off into uncharted seas," said Burt Wides, senior counsel for the Democrats on the House Judiciary Committee. "We relied on his very thoughtful discussion, balanced as one would expect, creative but scholarly. . . . He was a key figure because there were so many of these situations, where big, big important questions arose about the most important questions in our government."
The breadth of his research was breathtaking. Wides said Congress consulted Mr. Killian when it established the office of special prosecutor during the Watergate scandal and over the issues raised by the 1975 Church Committee that investigated intelligence methods used by the CIA and FBI. He worked most recently on Guantanamo Bay detainees' right to habeas corpus, but he also advised Congress on discriminatory insurance laws, the Federal Election Commission's powers to enforce campaign laws, and legislative as well as executive line-item vetoes.
When then-Attorney General Edwin Meese III ignited a controversy with a 1986 speech saying that "constitutional decisions need not be seen as the last words in constitutional construction," Mr. Killian was one of the experts to whom officials turned. He called the interpretation "incomplete."
"What [Meese's speech] doesn't talk about is that a court decision is precedent," Mr. Killian told the Associated Press. "It establishes a meaning of the provision of the Constitution, and future decisions are decided in accordance with that."
A voracious reader, he figuratively swallowed newspapers, blogs, legal briefs, judicial opinions, speeches, presidential statements and spy novels, the last to keep up his reading speed. He told the New York Times in 1984 that he closely read every Supreme Court decision except for tax and securities cases, which he sometimes found "incomprehensible."
Little else appeared to escape his hungry intellect. For years, he and his colleagues gathered in his office, fortified by coffee, doughnuts and the morning newspapers, to discuss upcoming federal cases and the likelihood of certain issues rising to the attention of the judicial, executive or legislative branches of government.
Gifted with an extraordinary memory and aided by his decades of experience at the research service, Mr. Killian put his analytical mind to use for his colleagues, parsing faulty logic and patiently teaching not just what a court decided but how it made its decisions.
"He was our Google before there was a Google, legally speaking," said Charles Doyle, senior specialist in American public law at the Congressional Research Service.
"He provided us with foreknowledge of the issues and how they were developing and what was headed to the Supreme Court and what wasn't," said Morton Rosenberg, a research specialist who worked with Mr. Killian for 35 years.
Born in Waynesville, N.C., Mr. Killian graduated from the University of North Carolina, where he also received a law degree in 1963, the same year he was hired by the Congressional Research Service. He brought with him to Washington a 1963 Remington typewriter, which he used to write and rewrite the Annotated every 10 years through the 1990s, when he began using a computer.
He became assistant chief of the CRS's American Law Division in 1973, until he was appointed a senior specialist in 1979.
His marriage to Barbara Gauntt ended in divorce.
Survivors include his wife, Carmen R. Killian of Washington; two stepchildren, Rossanna Clark of Woodbridge and Rudy Rivera of Washington; two brothers; and two stepchildren.



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