Stone Court (judges)

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Supreme Court of the United States
Stone Court
Chief Justice Harlan Fiske Stone photograph circa 1927-1932.jpg
July 3, 1941 – April 22, 1946
(4 years, 293 days)
Seat Supreme Court Building
Washington, D.C.
No. of positions 9
Stone Court decisions
Seal of the United States Supreme Court.svg

The Stone Court refers to the Supreme Court of the United States from 1941 to 1946, when Harlan F. Stone served as Chief Justice of the United States. Stone succeeded Charles Evans Hughes as Chief Justice after the latter's retirement, and Stone served as Chief Justice until his death, at which point Fred Vinson was nominated and confirmed as Stone's replacement. He was the fourth chief justice to have previously served as an associate justice and the second to have done so without a break in tenure (after Edward Douglass White). Presiding over the country during World War II, the Stone Court delivered several important war-time rulings, such as in Ex parte Quirin , where it upheld the President's power to try Nazi saboteurs captured on American soil by military tribunals. [1] [2] He also supported the federal government's policy of relocating Japanese Americans into internment camps. [3]

Contents

Membership

The Stone Court began in 1941, when Associate Justice Stone was confirmed to replace Charles Evans Hughes as Chief Justice. Stone had served as an Associate Justice since 1925, when President Calvin Coolidge nominated him to the bench. During the Court's 1932–37 terms, Stone and justices Brandeis and Cardozo formed a liberal bloc called the Three Musketeers that generally voted to uphold the constitutionality of the New Deal.

At the beginning of Stone's chief-justiceship, the Court consisted of Stone, Owen Roberts, Hugo Black, Stanley F. Reed, Felix Frankfurter, William O. Douglas, Frank Murphy, James F. Byrnes, and Robert H. Jackson (the latter two joined the court days after Stone's elevation to Chief Justice). In October 1942, Byrnes resigned from the court to become the war-time Director of the Office of Economic Stabilization; Roosevelt appointed Wiley Blount Rutledge as his replacement. Owen Roberts retired in July 1945, and President Harry Truman appointed Harold Hitz Burton to replace him.

Shortly before V-E Day, Truman named Justice Jackson to serve as U.S. Chief of Counsel for the prosecution of high-ranking German officials accused of war crimes at the 1945–46 Nuremberg trials. As a result, Jackson was absent for one entire Court term, and his fellow justices had to do an extra amount of work during the term. [4] Stone died on April 22, 1946 after suffering a cerebral hemorrhage. [3] Truman subsequently appointed Fred Vinson as Stone's successor.

Timeline

Stone Court (judges)
Bar key:  Hoover appointee  F. Roosevelt appointee  Truman appointee

Other branches

Presidents during this court included Franklin Delano Roosevelt and Harry S. Truman. Congresses during this court included 77th through the 79th United States Congresses.

Rulings of the Court

Major rulings of the Stone Court include:

Judicial philosophy

Stone had largely sided with the government's position when the Hughes Court struck down several pieces of New Deal legislation, and the Stone Court (with the addition of several Roosevelt appointees) consistently upheld Congressional power pursuant to the Commerce Clause. [2] The Stone Court also upheld broad war-time powers for the government. [2] The Stone Court was less deferential in the area of civil liberties, striking down laws in cases such as Barnett, although Korematsu was a major exception to this trend. [2] Despite Roosevelt's appointment of seven of the nine justices (and the elevation of Stone), the justices held independent views and often found each other at odds in regard to civil liberties. [2] [6] Stone himself received criticism for presiding over a divided and quarrelsome court. [7] Justice Frankfurter often took a position supporting judicial restraint in which the court took deference to the decisions of elected officials, while Justices Black and Douglas were more willing to strike down laws and precedents for what they saw as violations of constitutional rights. [6] Murphy and Rutledge joined Black and Douglas as part of the more liberal bloc, while Jackson, Reed, and Stone tended to side with Frankfurter. [8] [9] Roberts often sided with the Frankfurter bloc, but was more conservative than the other eight justices. [9] Though outnumbered, the more liberal bloc led by Black and Douglas often took the majority in cases by peeling off the votes from the moderate bloc, and the two groupings of justices did not form as tight of blocs as had existed in the Hughes Court. [10] The short length of the Stone Court gave it little chance to establish a definitive legacy. [11] However, the Stone Court continued the Constitutional Revolution of 1937 that had started during the Hughes Court and foreshadowed the liberal rulings of the Warren Court. [12]

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Fred M. Vinson 13th Chief Justice of the United States

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Rehnquist Court

The Rehnquist Court refers to the Supreme Court of the United States from 1986 to 2005, when William Rehnquist served as Chief Justice of the United States. Rehnquist succeeded Warren Burger as Chief Justice after the latter's retirement, and Rehnquist served as Chief Justice until his death in 2005, at which point John Roberts was nominated and confirmed as Rehnquist's replacement. The Rehnquist Court is generally considered to be more conservative than the preceding Burger Court, but not as conservative as the succeeding Roberts Court. According to Jeffrey Rosen, Rehnquist combined an amiable nature with great organizational skill, and he "led a Court that put the brakes on some of the excesses of the Earl Warren era while keeping pace with the sentiments of a majority of the country."

Marshall Court United States Supreme Court under Chief Justice John Marshall

The Marshall Court refers to the Supreme Court of the United States from 1801 to 1835, when John Marshall served as the fourth Chief Justice of the United States. Marshall served as Chief Justice until his death, at which point Roger Taney took office. The Marshall Court played a major role in increasing the power of the judicial branch, as well as the power of the national government.

Burger Court

The Burger Court was the period in the history of the Supreme Court of the United States from 1969 to 1986, when Warren Burger served as Chief Justice of the United States. Burger succeeded Earl Warren as Chief Justice after the latter's retirement, and Burger served as Chief Justice until his retirement, at which point William Rehnquist was nominated and confirmed as Burger's replacement. The Burger Court is generally considered to be the last liberal court to date. It has been described as a "transitional" court, due to its transition from having the liberal rulings of the Warren Court to the conservative rulings of the Rehnquist Court.

Taney Court

The Taney Court refers to the Supreme Court of the United States from 1836 to 1864, when Roger Taney served as the fifth Chief Justice of the United States. Taney succeeded John Marshall as Chief Justice after Marshall's death in 1835. Taney served as Chief Justice until his death in 1864, at which point Salmon P. Chase took office. Taney had been an important member of Andrew Jackson's administration, an advocate of Jacksonian democracy, and had played a major role in the Bank War, during which Taney wrote a memo questioning the Supreme Court's power of judicial review. However, the Taney Court did not strongly break from the decisions and precedents of the Marshall Court, as it continued to uphold a strong federal government with an independent judiciary. Most of the Taney Court's holdings are overshadowed by the decision in Dred Scott v. Sandford, in which the court ruled that African-Americans could not be citizens. However, the Taney Court's decisions regarding economic issues and separation of powers set important precedents, and the Taney Court has been lauded for its ability to adapt regulatory law to a country undergoing remarkable technological and economic progress.

Chase Court

The Chase Court refers to the Supreme Court of the United States from 1864 to 1873, when Salmon P. Chase served as the sixth Chief Justice of the United States. Chase succeeded Roger Taney as Chief Justice after the latter's death. Appointed by President Abraham Lincoln, Chase served as Chief Justice until his death, at which point Morrison Waite was nominated and confirmed as his successor.

Waite Court

The Waite Court refers to the Supreme Court of the United States from 1874 to 1888, when Morrison Waite served as the seventh Chief Justice of the United States. Waite succeeded Salmon P. Chase as Chief Justice after the latter's death. Waite served as Chief Justice until his death, at which point Melville Fuller was nominated and confirmed as Waite's successor.

Hughes Court

The Hughes Court refers to the Supreme Court of the United States from 1930 to 1941, when Charles Evans Hughes served as Chief Justice of the United States. Hughes succeeded William Howard Taft as Chief Justice after the latter's retirement, and Hughes served as Chief Justice until his retirement, at which point Harlan Stone was nominated and confirmed as Hughes's replacement. The Supreme Court moved from its former quarters at the United States Capitol to the newly constructed Supreme Court Building during Hughes's chief-justiceship.

Vinson Court

The Vinson Court refers to the Supreme Court of the United States from 1946 to 1953, when Fred Vinson served as Chief Justice of the United States. Vinson succeeded Harlan F. Stone as Chief Justice after the latter's death, and Vinson served as Chief Justice until his death, at which point Earl Warren was nominated and confirmed to succeed Vinson.

Taft Court

The Taft Court refers to the Supreme Court of the United States from 1921 to 1930, when William Howard Taft served as Chief Justice of the United States. Taft succeeded Edward Douglass White as Chief Justice after the latter's death, and Taft served as Chief Justice until his resignation, at which point Charles Evans Hughes was nominated and confirmed as Taft's replacement. Taft was also the nation's 27th president (1909–13); he is the only person to serve as both President of the United States and Chief Justice.

White Court (judges)

The White Court refers to the Supreme Court of the United States from 1910 to 1921, when Edward Douglass White served as Chief Justice of the United States. White, an associate justice since 1894, succeeded Melville Fuller as Chief Justice after the latter's death, and White served as Chief Justice until his death a decade later. He was the first sitting associate justice to be elevated to chief justice in the Court's history. He was succeeded by former president William Howard Taft.

Fuller Court United States Supreme Court from 1888 to 1910

The Fuller Court refers to the Supreme Court of the United States from 1888 to 1910, when Melville Fuller served as the eighth Chief Justice of the United States. Fuller succeeded Morrison R. Waite as Chief Justice after the latter's death, and Fuller served as Chief Justice until his death, at which point Associate Justice Edward Douglass White was nominated and confirmed as Fuller's replacement.

The New Deal often encountered heavy criticism, and had many constitutional challenges.

References

  1. Ex Parte Quirin, 317 U. S. 1 (1942)
  2. 1 2 3 4 5 Renstrom, Peter (2001). The Stone Court: Justices, Rulings, and Legacy. ABC-CLIO. pp. 179–180. ISBN   9781576071533 . Retrieved 2 March 2016.
  3. 1 2 "Harlan Fiske Stone: Supreme Court Justice (1872–1946)". A&E Television Networks. April 2, 2014. Retrieved January 20, 2018.
  4. "Remarks of the Chief Justice, American Law Institute Annual Meeting, May 17, 2004". www.supremecourt.gov. Retrieved January 20, 2018.
  5. 1 2 Savage, David G. (24 March 2011). "U.S. official cites misconduct in Japanese American internment cases". LA Times. Retrieved 2 March 2016.
  6. 1 2 Urofsky, Melvin (1988). "CONFLICT AMONG THE BRETHREN". Duke Law Journal. 37 (1): 81–84. Retrieved 2 March 2016.
  7. Renstrom, 40-42
  8. Urofsky, 85, 87, 92
  9. 1 2 Galloway, Jr., Russell (1 January 1983). "The Roosevelt Court: The Liberals Conquer (1937-1947) and Divide (1941-1946)". Santa Clara Law Review. 23 (2): 513–515. Retrieved 4 March 2016.
  10. Galloway, Jr., 516-520
  11. Finkelman, Paul (15 January 2014). The Supreme Court: Controversies, Cases, and Characters from John Jay to John Roberts [4 Volumes]. ABC-CLIO. pp. 819–821. ISBN   9781610693950 . Retrieved 2 March 2016.
  12. Galloway, Jr., 527-531

Further reading

Works centering on the Stone Court

  • Renstrom, Peter G. (2001). The Stone Court: Justices, Rulings, and Legacy. ABC-CLIO. ISBN   9781576071533.
  • Urofsky, Melvin I. (1997). Division and Discord: The Supreme Court Under Stone and Vinson, 1941-1953. University of South Carolina Press. ISBN   9781570031205.

Works centering on Stone Court justices

Other relevant works