David Josiah Brewer

David Josiah Brewer ( born January 20, 1837 in Smyrna, Ottoman Empire, † March 28, 1910 in Washington, DC) was an American jurist who was more than twenty years a judge at the U.S. Supreme Court ( U.S. Supreme Court ).

Life

Lawyer, prosecutor and judge

Brewers father missionary in the Ottoman Empire and his mother was a sister of Stephen Johnson Field, who was also a judge at the Supreme Court. After school, he studied at Wesleyan University and then at Yale University, from which he graduated in 1856. A subsequent post-graduate studies in law at the Albany Law School, he finished in 1858.

Following Brewer, who was also active in the American Bible Society, worked according to his lawyer's approval first as a lawyer in Kansas City, before he became a judge in 1862 Testament and criminal proceedings in Leavenworth. In 1865 he was appointed Judge of the First Judicial District of Kansas, and then from 1869 to 1870 the prosecutor of Leavenworth. After he was from 1870 to 1884 Judge at the Kansas Supreme Court, he was appointed in 1884 a judge of the U.S. Court of Appeals for the eighth judicial district.

Judge of the U.S. Supreme Court

After the death of Thomas Stanley Matthews on March 22, 1889, he was appointed by U.S. President Benjamin Harrison as Assistant Judge of the Supreme Court of the United States on December 18, 1889, resigned the office officially on 6 January 1890.

The Office of the Associate Justice he held until his death on 28 March 1910 and was replaced by Charles Evans Hughes, who was 1930-1941 Chief Justice of the United States. After his death he was buried in the Mount Muncie Cemetery in Lansing.

Significant decisions

During his career, he appeared in 1896 judges with the decision in the Plessy v. Ferguson, according to the racial segregation is allowed by the states, as long as the facilities for blacks and whites are comparable. This decision was not until almost sixty years later canceled by the decision in the Brown v. Board of Education of 17 May 1954.

Other known methods during his affiliation with the U.S. Supreme Court were:

  • In the process of Church of the Holy Trinity v. United States ( 1892) the U.S. Supreme Court between the Church of the Holy Trinity and an English Anglican priest had to decide whether a contract concluded between them would violate a law from 1885 that the hiring of foreign nationals prohibited. In this case, the Supreme Court came to the judgment written by Brewer that the previously crucial U.S. District Court for falschlag Southern District of New York and the contract would violate the law. In this case, the Supreme Court emphasized the role of the priest, the did not see it as foreign workers in particular. The decision coined the term the United States as a " Christian nation."
  • In the process of Giles v. Harris ( 1903), the U.S. Supreme Court upheld a law of the State of Alabama for the registration and qualifications of voters and refused therefore African Americans granted a right to vote in Alabama, which these systematically from the only white U.S. citizens occupied Parliament Alabama was denied. Although the complainant Jackson W. Giles saw in a racial discrimination against people of color, the Supreme Court held that electoral law is not unconstitutional because it ultimately contained provisions for the registration and qualification of all eligible voters. Brewer took along with Henry Billings Brown and John Marshall Harlan dissent in that case, but lost three to six judges' votes.
  • In the process of Muller v. Oregon ( 1908), the Supreme Court had to rule on a Working Time Act of Oregon and its provisions on working hours of women. The court came to the conclusion that the provisions contained in the Working Hours Act Oregon restricting the working hours of women would not violate the 14th Amendment to the U.S. Constitution, because the limitation of the strong state interest in protecting women's health is justified, and therefore the judgment of the Supreme Court of Oregon confirmed.

Publications

  • The Pew for the Pulpit, 1897
  • The world's best orations, from the earliest period to the present time, 1899
  • Yale 's relation to public service, 1901
  • American Citizenship, 1902
  • The United States a Christian Nation, 1905
  • Two periods in the history of the Supreme Court, 1906
  • The Mission of the United States in the Cause of Peace, 1909

Background literature

  • D. Stanley Eitzen: David J. Brewer, 1837-1910: a Kansan on the United States Supreme Court, 1964
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