Benjamin N. Cardozo

Benjamin Nathan Cardozo ( born May 24, 1870 in New York City; † July 9, 1938 in Port Chester, New York) was an American jurist who was the last judge on the United States Supreme Court ( U.S. Supreme Court ).

Life

Background and education

Hailing from a family emigrated from Portugal Sephardic Jews Cardozo began after the school in 1889 to study law at the Law School of Columbia University and became a member of the fraternity Phi Delta Phi. After his legal admission, he worked as a lawyer and was also active in the Zionist Organization of the United States.

Activity at the New York Court of Appeals

In 1913 he was appointed judge of the New York Supreme Court and then in 1914 to the New York Court of Appeals, the charge of the New York State Court of Appeals. Its first secretary was 1914-1916 Charles Evans Hughes Jr., a subsequent U.S. Solicitor General. Cardozo was finally from 1927 to 1932 president of the New York Court of Appeals (Chief Judge ). This period was 1928, written by him leading judgment in the process of Palsgraf v. Long Iceland RR to the extent of liability and indemnification obligation of public transportation in New York.

In addition, Cardozo was, who also wrote numerous legal textbooks, 1923-1932 Vice President of the American Law Institute.

Judge at the Supreme Court of the United States

On March 14, 1932, he was appointed by U.S. President Herbert Hoover as Assistant Judge at the U.S. Supreme Court. He was the successor of Oliver Wendell Holmes, Jr. and exercised the office of Associate Justice until his death from a stroke in 1937 after he had suffered a myocardial infarction. His legal views imprinted in the following years a major opinion -finding, and thus the law of the U.S. Supreme Court, such as the Social Security.

During his membership in the Supreme Court that he acted in important decisions such as Nixon v. Condon (1932 ), Welch v. Helvering (1933 ), Panama Refining Co. v. Ryan ( 1935), Schechter Poultry Corp.. v. United States ( 1935), Carter v. Carter Coal Company (1936 ), Steward Machine Company v. Davis ( 1937), Helvering v. Davis (1937 ) and Palko v. Connecticut ( 1937) with.

Together with the judges and Harlan Fiske Stone Louis Brandeis he made 1932-1937 the liberal wing of the Supreme Court. The judges called the "Three Musketeers" supported with their opinions essentially the initiated by President Franklin D. Roosevelt 's New Deal policies.

On the other hand, however, they saw the four conservative judges ( the so-called "four horsemen " ) James C. McReynolds, George Sutherland, Pierce Butler and Willis Van Devanter opposite. Therefore the basis of the extent neutral then Chief Justice Charles Evans Hughes and Justice Owen Roberts said there were often different decision majorities.

The aversion of McReynolds against Cardozo went far beyond legal disagreements: Before the appointment of Cardozo judge McReynolds President Hoover asked together with the judges Butler and Van Devanter 1932 about the Supreme Court " not to afflict with a second Jew." During the swearing-in ceremony he read consciously in a daily newspaper. According to his biographer John Frush Knox, who was from 1936 to 1937 his court wizard, he moved with Cardozo a word. Even the funeral of the Cardozo died in 1938, he remained as distant as the swearing in of Cardozo Jewish successor to Felix Frankfurter.

After his death, he was buried at the Beth Olom Cemetery in Queens. Benjamin N. Cardozo Law School, the Yeshiva University Benjamin N. Cardozo and the City High School, he was named New York in honor.

Publications

  • The jurisdiction of the Court of appeals of the state of New York, 1903
  • The nature of the judicial process, 1921
  • The growth of the law, 1924
  • The paradoxes of legal science, 1928
  • What medicine can do for law, 1930
  • Law and literature and other essays and addresses, 1931
  • John G. Milburn by Benjamin, 1931
  • Law is justice, 1938
  • Selected Writings of Benjamin N Cardozo, 1947

Background literature

  • Joseph P. Pollard: Mr. Justice Cardozo, 1935
  • Irving Lehman: Benjamin Nathan Cardozo, 1938
  • George Rossiter Farnum: Benjamin N. Cardozo -lights and shadows, 1938
  • Beryl Harold Levy: Cardozo and frontiers of legal thinking, 1938
  • Moses Judah Aronson: Cardozo 's doctrine of sociological jurisprudence, 1938
  • George Sidney Hellman: Benjamin N. Cardozo, American Judge, 1940
  • Irving Lehman: The influence of Judge Cardozo on the common law, 1942
  • Miriam Theresa Rooney: Mr. Justice Cardozo 's relativism, 1945
  • Joseph P. Pollard: Mr. Justice Cardozo; a liberal mind in action, 1970
  • William C. Cunningham: Cardozo 's theory of judicial decisions, opinions and off-the -bench writings 1914-1932, 1972
  • Richard A. Posner: Cardozo: A Study in Reputation, 1990
  • Andrew L. Kaufman: Cardozo, 1998
Appellate court Charles Evans Hughes, Jr. Social Security (United States) Four Horsemen (Supreme Court) James Clark McReynolds Pierce Butler (justice) Integrated Authority File
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