Joseph McKenna
Encyclopedia
Joseph McKenna was an American
politician who served in all three branches of the U.S. federal government, as a member of the U.S. House of Representatives, as U.S. Attorney General and as an Associate Justice of the Supreme Court. He is one of a small number of members of the House of Representatives who have subsequently served on the Supreme Court.
, the son of Irish Catholic
immigrants, he attended St. Joseph's College
and the Collegiate Institute
at Benicia, California
. After being admitted to the California bar in 1865, he became District Attorney for Solano County
and then served in the California State Assembly
for two years (1875–1877). He retired after one term and an unsuccessful bid for Speaker of the House.
After two unsuccessful attempts, McKenna was elected to the United States House of Representatives
in 1885 and served for four terms. He was appointed to the Ninth Circuit Court of Appeals
in 1892 by President
Benjamin Harrison
.
In 1897 he was appointed the 42nd Attorney General of the United States by President William McKinley
, and served in that capacity until 1898. He was then appointed an Associate Justice of the Supreme Court of the United States
to succeed Justice Stephen J. Field. McKenna faced opposition to his appointment in the Senate
, but his supporters there enabled him to win confirmation in January 1898. Conscious of his limited credentials, McKenna took courses at Columbia Law School
for several months to improve his legal education before taking his seat on the Court.
“Although he never developed a consistent legal philosophy,” McKenna was the author of a number of important decisions. One of the most notable was his opinion in the case of United States v. U.S. Steel Corporation (1920) which held that antitrust
cases would be decided on the “rule of reason” principle—only alleged monopolistic combinations that are in unreasonable restraint of trade
-- are illegal.
McKenna was known to be a centrist, and authored few dissents. His most noteworthy opinions are Hipolite Egg Co. v. United States 220 U.S. 45 (1911), in which a unanimous Court upheld the Pure Food and Drug Act of 1906,
In Hoke v. United States
, he concurred in upholding the Mann Act
, a/k/a "White-Slave Traffic Act". However, four years later, he dissented from the Court's opinion in Caminetti v. United States
(1917), which held the act applied to private, noncommercial enticements to cross state lines for purposes of a sexual liaison. According to McKenna, the Act regulated only commercial vice, i.e., "immoralities having a mercenary purpose."
While McKenna was generally quite favorable to federal power, he joined the Court's substantive due process
jurisprudence and voted with the majority in 1905's Lochner v. New York
, which struck down a state maximum-hours law for bakery workers, This decision carried broader implications for the scope of federal power, at least until the New Deal
and the 1937 switch-in-time-that-saved-nine. See, Judiciary Reorganization Bill of 1937
.
McKenna resigned from the Court in January 1925 at the suggestion of Chief Justice William Howard Taft
. McKenna's ability to perform his duties had been diminished significantly by a stroke
suffered ten years earlier, and by the end of his tenure McKenna could not be counted on to write coherent opinions.
Justice McKenna was one of thirteen Catholic justicesout of 112 total through the appointment of Justice Elena Kagan
in the history of the Supreme Court.
McKenna was married to Amanda Borneman in 1869, and the couple had three daughters and one son. McKenna died on November 21, 1926. in Washington, D.C.
. His remains are interred at the city's Mount Olivet Cemetery
.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
politician who served in all three branches of the U.S. federal government, as a member of the U.S. House of Representatives, as U.S. Attorney General and as an Associate Justice of the Supreme Court. He is one of a small number of members of the House of Representatives who have subsequently served on the Supreme Court.
Biography
Born in Philadelphia, PennsylvaniaPhiladelphia, Pennsylvania
Philadelphia is the largest city in the Commonwealth of Pennsylvania and the county seat of Philadelphia County, with which it is coterminous. The city is located in the Northeastern United States along the Delaware and Schuylkill rivers. It is the fifth-most-populous city in the United States,...
, the son of Irish Catholic
Irish Catholic
Irish Catholic is a term used to describe people who are both Roman Catholic and Irish .Note: the term is not used to describe a variant of Catholicism. More particularly, it is not a separate creed or sect in the sense that "Anglo-Catholic", "Old Catholic", "Eastern Orthodox Catholic" might be...
immigrants, he attended St. Joseph's College
Saint Joseph's University
Saint Joseph's University is a private, coeducational Roman Catholic Jesuit university located partially in the Wynnefield section of Philadelphia and partially in Lower Merion Township and located in the Pennsylvania Main Line, Pennsylvania, United States.The school was founded in 1851 as Saint...
and the Collegiate Institute
Collegiate institute
A collegiate institute is a term that can refer to a school either of secondary education or of higher education. It has a complex definition that varies regionally, and has been largely unused outside of Canada since the early 20th century.-Canada:...
at Benicia, California
Benicia, California
Benicia is a waterside city in Solano County, California, United States. It was the first city in California to be founded by Anglo-Americans, and served as the state capital for nearly thirteen months from 1853 to 1854. The population was 26,997 at the 2010 census. The city is located in the San...
. After being admitted to the California bar in 1865, he became District Attorney for Solano County
Solano County, California
Solano County is a county located in Bay-Delta region of the U.S. state of California, about halfway between San Francisco and Sacramento and is one of the nine San Francisco Bay Area counties. The county's population was reported by the U.S. Census to be 413,344 in 2010...
and then served in the California State Assembly
California State Assembly
The California State Assembly is the lower house of the California State Legislature. There are 80 members in the Assembly, representing an approximately equal number of constituents, with each district having a population of at least 420,000...
for two years (1875–1877). He retired after one term and an unsuccessful bid for Speaker of the House.
After two unsuccessful attempts, McKenna was elected to the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
in 1885 and served for four terms. He was appointed to the Ninth Circuit Court of Appeals
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
in 1892 by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Benjamin Harrison
Benjamin Harrison
Benjamin Harrison was the 23rd President of the United States . Harrison, a grandson of President William Henry Harrison, was born in North Bend, Ohio, and moved to Indianapolis, Indiana at age 21, eventually becoming a prominent politician there...
.
In 1897 he was appointed the 42nd Attorney General of the United States by President William McKinley
William McKinley
William McKinley, Jr. was the 25th President of the United States . He is best known for winning fiercely fought elections, while supporting the gold standard and high tariffs; he succeeded in forging a Republican coalition that for the most part dominated national politics until the 1930s...
, and served in that capacity until 1898. He was then appointed an Associate Justice of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
to succeed Justice Stephen J. Field. McKenna faced opposition to his appointment in the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, but his supporters there enabled him to win confirmation in January 1898. Conscious of his limited credentials, McKenna took courses at Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
for several months to improve his legal education before taking his seat on the Court.
“Although he never developed a consistent legal philosophy,” McKenna was the author of a number of important decisions. One of the most notable was his opinion in the case of United States v. U.S. Steel Corporation (1920) which held that antitrust
Antitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...
cases would be decided on the “rule of reason” principle—only alleged monopolistic combinations that are in unreasonable restraint of trade
Restraint of trade
Restraint of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. In an old leading case of Mitchell v Reynolds Lord Smith LC said,...
-- are illegal.
McKenna was known to be a centrist, and authored few dissents. His most noteworthy opinions are Hipolite Egg Co. v. United States 220 U.S. 45 (1911), in which a unanimous Court upheld the Pure Food and Drug Act of 1906,
In Hoke v. United States
Hoke v. United States
Hoke v. United States, 227 U.S. 308 , was a decision by the United States Supreme Court, which held that the United States Congress could not regulate prostitution per se, as that was strictly the province of the states...
, he concurred in upholding the Mann Act
Mann Act
The White-Slave Traffic Act, better known as the Mann Act, is a United States law, passed June 25, 1910 . It is named after Congressman James Robert Mann, and in its original form prohibited white slavery and the interstate transport of females for “immoral purposes”...
, a/k/a "White-Slave Traffic Act". However, four years later, he dissented from the Court's opinion in Caminetti v. United States
Caminetti v. United States
Caminetti v. United States, 242 U.S. 470 , was a landmark United States Supreme Court case involving Farley Drew Caminetti and the Mann Act. The Court decided that the Mann Act applied not only to purposes of prostitution but also to other noncommercial consensual sexual liaisons...
(1917), which held the act applied to private, noncommercial enticements to cross state lines for purposes of a sexual liaison. According to McKenna, the Act regulated only commercial vice, i.e., "immoralities having a mercenary purpose."
While McKenna was generally quite favorable to federal power, he joined the Court's substantive due process
Substantive due process
Substantive due process is one of the theories of law through which courts enforce limits on legislative and executive powers and authority...
jurisprudence and voted with the majority in 1905's Lochner v. New York
Lochner v. New York
Lochner vs. New York, , was a landmark United States Supreme Court case that held a "liberty of contract" was implicit in the due process clause of the Fourteenth Amendment. The case involved a New York law that limited the number of hours that a baker could work each day to ten, and limited the...
, which struck down a state maximum-hours law for bakery workers, This decision carried broader implications for the scope of federal power, at least until the New Deal
New Deal
The New Deal was a series of economic programs implemented in the United States between 1933 and 1936. They were passed by the U.S. Congress during the first term of President Franklin D. Roosevelt. The programs were Roosevelt's responses to the Great Depression, and focused on what historians call...
and the 1937 switch-in-time-that-saved-nine. See, Judiciary Reorganization Bill of 1937
Judiciary Reorganization Bill of 1937
The Judicial Procedures Reform Bill of 1937, frequently called the court-packing plan, was a legislative initiative proposed by U.S. President Franklin Roosevelt to add more justices to the U.S. Supreme Court. Roosevelt's purpose was to obtain favorable rulings regarding New Deal legislation that...
.
McKenna resigned from the Court in January 1925 at the suggestion of Chief Justice William Howard Taft
William Howard Taft
William Howard Taft was the 27th President of the United States and later the tenth Chief Justice of the United States...
. McKenna's ability to perform his duties had been diminished significantly by a stroke
Stroke
A stroke, previously known medically as a cerebrovascular accident , is the rapidly developing loss of brain function due to disturbance in the blood supply to the brain. This can be due to ischemia caused by blockage , or a hemorrhage...
suffered ten years earlier, and by the end of his tenure McKenna could not be counted on to write coherent opinions.
Justice McKenna was one of thirteen Catholic justicesout of 112 total through the appointment of Justice Elena Kagan
Elena Kagan
Elena Kagan is an Associate Justice of the Supreme Court of the United States, serving since August 7, 2010. Kagan is the Court's 112th justice and fourth female justice....
in the history of the Supreme Court.
McKenna was married to Amanda Borneman in 1869, and the couple had three daughters and one son. McKenna died on November 21, 1926. in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
. His remains are interred at the city's Mount Olivet Cemetery
Mount Olivet Cemetery (Washington, D.C.)
Mount Olivet Cemetery is an historic cemetery located at 1300 Bladensburg Road, NE in Washington, D.C. It is maintained by the Roman Catholic Archdiocese of Washington.-Notable interments:* George W. Harvey , Washington restaurateur...
.
See also
- List of Justices of the Supreme Court of the United States
- List of law clerks of the Supreme Court of the United States
- List of United States Chief Justices by time in office
- List of U.S. Supreme Court Justices by time in office
- United States Supreme Court cases during the Fuller Court
- United States Supreme Court cases during the Taft Court
- United States Supreme Court cases during the White Court
Further reading
- McKevitt, Brother Matthew (1946) Joseph McKenna: Associate Justice of the United States.
External links
- Department of Justice, Joseph McKenna Attorney General.
- Joseph McKenna at Find-a-grave.
- Joseph McKenna at Supreme Court Historical SocietySupreme Court Historical SocietyThe Supreme Court Historical Society is a private, non-profit organization dedicated to preserving and communicating the history of the U.S. Supreme Court.-History:...
. - Official Supreme Court media, Joseph McKenna at the Oyez projectOyez.orgThe Oyez Project at the Chicago-Kent College of Law is an unofficial online multimedia archive of the Supreme Court of the United States, especially audio of oral arguments...
.