As for the Republican nominee's position on the Civil Rights Act, Goldwater had said he would vote for passage if Section II on public accommodations and Section VII on equal employment opportunity were removed. With his view reinforced by a detailed memorandum from Phoenix lawyer and future Chief Justice William Rehnquist, Goldwater felt these sections were unconstitutional, were unenforceable without a federal police force, and would lead to the creation of racial quotas and affirmative action.
That is all accurate, but those philosophical details did not work in Goldwater’s favor in 1964.