Felix Frankfurter

Price: 25.00 USD

New York: Coward-McCann, Inc, 1969. 376 p. : 24 cm. Illustrations, Portraits. A Note on Sources. Notes. Index. From Wikipedia: "Felix Frankfurter (November 15, 1882 February 22, 1965) was an Associate Justice of the United States Supreme Court. Frankfurter was born in Vienna and immigrated to New York at the age of 12. He graduated from Harvard Law School and was active politically, helping to found the American Civil Liberties Union. He was a friend and adviser of President Franklin Roosevelt, who appointed him to the Supreme Court in 1939. Frankfurter served on the Supreme Court for 23 years, and was a noted advocate of judicial restraint in the judgments of the Court....Following the death of Supreme Court Justice Benjamin N. Cardozo in July 1938, President Franklin D. Roosevelt asked his old friend Frankfurter for recommendations of prospective candidates for the vacancy. Finding none on the list to suit his criteria, Roosevelt nominated Frankfurter himself, and he was confirmed without dissent. [33] The Senate confirmation hearing on the nomination of Frankfurter is notable for being the first time that a nominee for the Supreme Court appeared in person before the Judiciary Committee. [34] He served from January 30, 1939 to August 28, 1962. He wrote 247 opinions for the Court, 132 concurring opinions, and 251 dissents. [35] Frankfurter became the court's most outspoken advocate of judicial restraint, the view that courts should not interpret the fundamental law, the constitution, in such a way as to impose sharp limits upon the authority of the legislative and executive branches. [36] He also usually refused to apply the federal Constitution to the states. [37] In the case of Irvin v. Dowd, Frankfurter would state what was for him a frequent theme: "The federal judiciary has no power to sit in judgment upon a determination of a state court...Something that thus goes to the very structure of our federal system in its distribution of power between the United States and the state is not a mere bit of red tape to be cut, on the assumption that this Court has general discretion to see justice done...". [38] In his judicial restraint philosophy, Frankfurter was heavily influenced by his close friend and mentor Oliver Wendell Holmes, Jr., who had taken a firm stand during his tenure on the bench against the doctrine of "economic due process". Frankfurter revered Justice Holmes, often citing Holmes in his opinions. In practice, this meant Frankfurter was generally willing to uphold the actions of those branches against constitutional challenges so long as they did not "shock the conscience." Frankfurter was particularly well known as a scholar of civil procedure." Presumed first edition/first printing. Good in good dust jacket. DJ has wear and soiling.


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