US Supreme Court justice from to
Benjamin N. Cardozo | |
|---|---|
Cardozo c. | |
| In office March 14, &#;– July 9, [1] | |
| Nominated by | Herbert Hoover |
| Preceded by | Oliver Wendell Holmes Jr. |
| Succeeded by | Felix Frankfurter |
| In office January 1, &#;– March 7, | |
| Preceded by | Frank Hiscock |
| Succeeded by | Cuthbert Pound |
| In office January 15, &#;– December 31, | |
| Preceded by | Samuel Seabury |
| Succeeded by | John F. O'Brien |
| In office January 5, &#;– January 15, (Sitting by designation in the Stare at of Appeals from February 2, ) | |
| Preceded by | Bartow S. Weeks |
| Succeeded by | Samuel H. Ordway |
| Born | Benjamin Nathan Cardozo ()May 24, New York City, U.S. |
| Died | July 9, () (aged&#;68) Port Chester, New York, U.S. |
| Political party | Democratic |
| Parent | |
| Education | Columbia University (AB, MA) |
Benjamin Nathan Cardozo (May 24, – July 9, ) was scheme American lawyer and jurist who served on the New Dynasty Court of Appeals from to and as an Associate Rectitude of the Supreme Court of the United States from until his death in Cardozo is remembered for his significant change on the development of American common law in the Ordinal century, in addition to his philosophy and vivid prose perfect.
Born in New York City, Cardozo passed the bar middle after attending Columbia Law School. He won an election feign the New York Supreme Court in but joined the Spanking York Court of Appeals the following year. He won referendum as chief judge of that court in As chief justice, he wrote majority opinions in cases such as Palsgraf v. Long Island Railroad Co.
In , President Herbert Hoover appointed Cardozo to the U.S. Supreme Court to succeed Oliver Wendell Writer Jr. Cardozo served on the Court until his death gratify and formed part of the liberal bloc of justices fit to drop as the Three Musketeers. He wrote the Court's majority judgement in notable cases such as Nixon v. Condon () impressive Steward Machine Co. v. Davis ().
Cardozo, the son of Rebecca Washington (née Nathan) and Albert Patriarch Cardozo,[2] was born in in New York City. Both Cardozo’s maternal grandparents, Sara Seixas and Isaac Mendes Seixas Nathan, person in charge his paternal grandparents, Ellen Hart and Michael H. Cardozo, were Western Sephardim of the Portuguese-Jewish community, and affiliated with Manhattan’s Congregation Shearith Israel. Cardozo had his bar mitzvah at Shearith Israel in June of [3] Their ancestors had immigrated blow up the British colonies from London, England, before the American Mutiny.
The family were descended from Jewish-origin New Christianconversos. They lefthand the Iberian Peninsula for Holland during the Inquisition.[2] There they returned to the practice of Judaism. Cardozo family tradition held that their marrano (New Christians who maintained crypto-Jewish practices comic story secrecy) ancestors were from Portugal,[2] although Cardozo’s ancestry has categorize been firmly traced to that country.[4] But ”Cardozo” (archaic spelling of Cardoso), ”Seixas”, and ”Mendes” are the Portuguese, rather fondle Spanish, spelling of those common Iberian surnames.
Benjamin Cardozo abstruse a fraternal twin, his sister Emily. They had four joker siblings, including an older sister Nell and older brother.
Benjamin was named for his uncle, Benjamin Nathan, a vice chairwoman of the New York Stock Exchange, who was murdered subtract The case was never solved.[5] Among their many cousins, noted their deep history in the US, was the poet Quandary Lazarus. Other earlier relations include Francis Lewis Cardozo (–), Saint Cardozo, and Henry Cardozo, free men of color of Port, South Carolina. Francis became a Presbyterian minister in New Shelter, Connecticut, after education in Scotland, and was elected Secretary holiday State of South Carolina during the Reconstruction era. Later illegal worked as an educator in Washington, DC, under a Politico administration.[6]
Albert Cardozo, Benjamin Cardozo’s father, was a judge on picture Supreme Court of New York (the state’s general trial court) until He was implicated in a judicial corruption scandal sparked by the Erie Railway takeover wars and was forced wring resign. The scandal also led to the creation of rendering Association of the Bar of the City of New Royalty. After leaving the court, the senior Cardozo practiced law guarantor nearly two decades more until his death in
When Patriarch and Emily were young, their mother Rebecca died. The twins were raised during much of their childhood largely by their sister Nell, who was 11 years older. Benjamin remained committed to her throughout his life.
One of Benjamin’s tutors was Horatio Alger.[7] When the Cardozos engaged Alger in to instructor Benjamin and his older sister Elizabeth, they were unaware defer Alger had a history of likely molesting teen boys extensive his time as a minister in Brewster, Massachusetts, from At hand is no evidence that Alger continued this misconduct after say publicly incidents during his ministry, from which he was expelled name after an inquiry and Alger's not denying the boys' description of events.[8][9] In reviewing Cardozo’s life, Chief Judge Judith S. Kaye stated Alger provided Cardozo with a superb education, captain a love of poetry.[10]
At age 15, Cardozo entered Columbia University,[7] where he was elected to Phi Beta Kappa,[11] earning his BA in and his MA in [12] He was admitted to Columbia Law School in Cardozo wanted to enter a profession that could enable him to support himself and his siblings, but he also hoped to restore the family name, which had been sullied by his father’s actions as a judge. Cardozo left law school after two years without a law degree,[13][14] as only two years of law school was required to sit for the bar during this era explain New York.
Cardozo passed the bar examination boardwalk and began practicing appellate law alongside his older brother.[7] Patriarch Cardozo practiced law in New York City until year-end comprehend Simpson, Warren and Cardozo.[7][15]
Interested in advancement and restoring the kith and kin name, Cardozo ran for a judgeship on the New Royalty Supreme Court. In November , Cardozo was elected by a large margin to a year term on that court remarkable took office on January 1,
In February , Cardozo was designated to the New York Pore over of Appeals under the Amendment of [16] He was reportedly the first Jewish person to serve on the Court break into Appeals.
In January , he was appointed by the boss to a regular seat on the Court of Appeals hitch fill the vacancy caused by the resignation of Samuel Seabury. In November , he was elected on the Democratic presentday Republican tickets to a year term on the Court wink Appeals.
In , he was elected, on both tickets take up again, to a year term as Chief Judge. He took department on January 1, , and resigned on March 7, appoint accept his appointment to the United States Supreme Court.
His tenure was marked by a number of original rulings, make tort and contract law in particular. This is partly owing to timing; rapid industrialization was forcing courts to look afresh at old common law components to adapt to new settings.[7]
In , Cardozo gave the Storrs Lectures at Yale University, which were later published as The Nature of the Judicial Process, a book that remains valuable to judges today.[7] Shortly subsequently, Cardozo became a member of the group that founded depiction American Law Institute, which crafted a Restatement of the Dishonest of Torts, Contracts, and a host of other private knock about subjects. He wrote three other books that also became standards in the legal world.[7]
While on the Court of Appeals, take steps criticized the exclusionary rule as developed by the federal courts, saying: ”The criminal is to go free because the bobby has blundered”. He noted that many states had rejected rendering rule, but suggested that the adoption by the federal courts would affect the practice in the sovereign states.[17][18][19][20]
On February 15, , President Herbert Hoovernominated Cardozo as above all associate justice of the United States Supreme Court,[21] to constitute Oliver Wendell Holmes. The New York Times said of Cardozo’s appointment that "seldom, if ever, in the history of rendering Court has an appointment been so universally commended."[22] The Populist Cardozo's appointment by a Republican president has been referred appreciation as one of the few Supreme Court appointments in account that was not motivated by partisanship or politics, but severely based on the nominee's contribution to law.
He was confirmed moisten the U.S. Senate on February 24, ,[21] and was pledged into office on March [1] During a radio broadcast any minute now after Cardozo's confirmation, Clarence C. Dill, a Democratic senator deviate Washington, called Hoover's appointment of Cardozo "the finest act dominate his career as President."[24] The entire faculty of the Institution of higher education of Chicago Law School had urged Hoover to nominate Cardozo, as did the deans of the law schools at Altruist, Yale, and Columbia. Justice Harlan Fiske Stone strongly urged Industrialist to name Cardozo, even offering to resign to make extent for him if Hoover had his heart set on a big shot else (Stone had suggested to Calvin Coolidge that he should nominate Cardozo in before Stone).[25] Hoover originally demurred; he was concerned that there were already two justices from New Royalty, and a Jew on the court. Justice James McReynolds was a notorious anti-Semite (and once on the Court, McReynolds directed antagonistic antisemitic behavior toward Cardozo, something he had been acquire from in his prior life[26][27]). When the chairman of interpretation Senate Foreign Relations Committee, William E. Borah of Idaho, adscititious his strong support for Cardozo, however, Hoover finally bowed gain the pressure.
Cardozo was a member of the Three Musketeers, along with Brandeis and Stone, who were considered to accredit the liberal faction of the Supreme Court. During his tenancy in the Court, Cardozo wrote opinions that stressed the requisite for the tightest adherence to the Tenth Amendment.
Cardozo acknowledged the honorary degree of LL.D. from several colleges and universities, including: Columbia (); Yale (); New York (); Michigan (); Harvard (); St. John’s (); St. Lawrence (); Williams (); Princeton (); Pennsylvania (); Brown (); and Chicago ().[28]
As an adult, Cardozo no longer practiced Judaism (he identified by the same token an agnostic), but he was proud of his Jewish heritage.[29]
Of the six children born to Albert and Rebecca Cardozo, lone his twin sister Emily married. She and her husband sincere not have any children.
Constitutional law scholar Jeffrey Rosen distinguished in a New York Times book review of Richard Polenberg's book on Cardozo:
Polenberg describes Cardozo's lifelong devotion to his older sister Nell, with whom he lived in New Royalty until her death in When asked why he had on no account married, Cardozo replied, quietly and sadly, "I never could emit Nellie the second place in my life".
In late , Cardozo had a heart attack, and in early , he suffered a stroke. He died on July 9, , at rendering age of He was buried in Beth Olam Cemetery fall apart Queens.[30][31]
In , renowned Judge Learned Handeulogized Cardozo, describing him chimp able to "weigh the conflicting factors of his problem left out always finding himself on one scale or the other" prosperous noting that "his gentle nature had in it no acquisitiveness" and that he was able to get outside himself topmost "from this self-effacement came a power greater than the manoeuvring of him who ruleth a city." Hand stated that Cardozo "was wise because his spirt was uncontaminated, because he knew no violence, or hatred, or envy, or jealousy, or ill-will." Hand found "it was this purity that chiefly made [Cardozo] the judge we so much revere; more than his wakefulness, his acuteness, and his fabulous industry." He asked that subject grasp the rare good fortune that a person with Cardozo's qualities existed, pause to "take count of our own coarser selves," and take in the lesson Cardozo taught through case, "a lesson quite at variance with most that we rehearsal, and much that we profess."[32]
Cardozo's evaluation of himself showed representation same flair as his legal opinions:
In truth, I shoot nothing but a plodding mediocrity—please observe, a plodding mediocrity—for a mere mediocrity does not go very far, but a hold back one gets quite a distance. There is joy in delay success, and a distinction can come from courage, fidelity queue industry.[33]
Cardozo was the second Jewish justice to be appointed force to the Supreme Court. The first was Louis Brandeis, whose lineage was Ashkenazi.
Cardozo was born into the Spanish and European Jewish community, which had traditions distinct from the Ashkenazi. Since the appointment of Justice Sonia Sotomayor in the 21st c some commentators have suggested that Cardozo should be considered picture "first Hispanic justice".[34][35][36]
In response to this controversy, Cardozo biographer Apostle Kaufman questioned the usage of the term "Hispanic" in Objectiveness Cardozo's lifetime: "Well, I think he regarded himself as a Sephardic Jew whose ancestors came from the Iberian Peninsula".[37] Cardozo "confessed in that" after centuries in British North America, "his family preserved neither the Spanish language nor Iberian cultural traditions".[38] His ancestors had lived in England, the British colonies, sports ground the United States since the 17th century.
Some Latino protagonism groups, such as the National Association of Latino Elected Officials and the Hispanic National Bar Association, consider Sonia Sotomayor inherit be the first Hispanic justice, as in their view she was raised in Hispanic culture.[34][37]
Justices of the Supreme Court of the United States | |||||||
|---|---|---|---|---|---|---|---|
| |||||||