Дата рождения: 15. Ноябрь 1882
Дата смерти: 22. Февраль 1965
Felix Frankfurter was an Austrian-American lawyer, professor, and jurist who served as an Associate Justice of the Supreme Court of the United States. Frankfurter served on the Supreme Court from 1939 to 1962 and was a noted advocate of judicial restraint in the judgments of the Court.
Frankfurter was born in Vienna, Austria, and immigrated to New York City at the age of 12. After graduating from Harvard Law School, Frankfurter worked for Secretary of War Henry L. Stimson. During World War I, Frankfurter served as Judge Advocate General. After the war, he helped found the American Civil Liberties Union and returned to his position as professor at Harvard Law School. He became a friend and adviser of President Franklin D. Roosevelt, who appointed him to fill the Supreme Court vacancy caused by the death of Benjamin Cardozo.
Frankfurter served on the Court until his retirement in 1962, and was succeeded by Arthur Goldberg. Frankfurter wrote the Court's majority opinions in cases such as Minersville School District v. Gobitis, Gomillion v. Lightfoot, and Beauharnais v. Illinois. He wrote dissenting opinions in notable cases such as Baker v. Carr, West Virginia State Board of Education v. Barnette, Glasser v. United States, and Trop v. Dulles.
Dissenting in Pearce v. Commissioner of Internal Revenue, 315 U.S. 543, 558 (1942).
Judicial opinions
Контексте: The line must follow some direction of policy, whether rooted in logic or experience. Lines should not be drawn simply for the sake of drawing lines.
Callanan v. United States, 364 U.S. 587, 594 (1961).
Judicial opinions
Контексте: Congress is, after all, not a body of laymen unfamiliar with the commonplaces of our law. This legislation was the formulation of the two Judiciary Committees, all of whom are lawyers, and the Congress is predominately a lawyers' body.
Quoted in National Observer (Silver Spring, Maryland, March 1, 1965).
Other writings
Dissenting in New York v. United States, 331 U.S. 284, 353 (1947).
Judicial opinions
Контексте: The Procrustean bed is not a symbol of equality. It is no less inequality to have equality among unequals.
Minersville School District v. Gobitis, 310 U.S. 586 (1940).
Judicial opinions
Контексте: National unity is the basis of national security. To deny the legislature the right to select appropriate means for its attainment presents a totally different order of problem from that of the propriety of subordinating the possible ugliness of littered streets to the free expression opinion through handbills.
Speech accepting an award from the National Institute for Immigrant Welfare, Biltmore Hotel, New York (May 11, 1933).
Other writings
Контексте: Gratitude is one of the least articulate of the emotions, especially when it is deep. I can express with very limited adequacy the passionate devotion to this land that possesses millions of our people, born, like myself, under other skies, for the privilege that that this county has bestowed in allowing them to partake of its fellowship.
Reply to counsel who said a challenge from the bench was “just a matter of semantics,” Reader’s Digest (June 1964).
Other writings
Контексте: All our work, our whole life is a matter of semantics, because words are the tools with which we work, the material out of which laws are made, out of which the Constitution was written. Everything depends on our understanding of them.
Rogers v. Richmond, 365 U.S. 534, 540-41 (1961).
Judicial opinions
Контексте: Convictions following the admission into evidence of confessions which are involuntary, i. e., the product of coercion, either physical or psychological, cannot stand. This is so not because such confessions are unlikely to be true but because the methods used to extract them offend an underlying principle in the enforcement of our criminal law: that ours is an accusatorial and not an inquisitorial system — a system in which the State must establish guilt by evidence independently and freely secured and may not by coercion prove its charges against an accused out of his own mouth.
Writing for the court, Milk Wagon Drivers Union of Chicago, Local 753. v. Meadowmoor Dairies, Inc., 312 U.S. 287 (1941).
Judicial opinions
Контексте: It must never be forgotten, however, that the Bill of Rights was the child of the Enlightenment. Back of the guarantee of free speech lay faith in the power of an appeal to reason by all the peaceful means for gaining access to the mind. It was in order to avert force and explosions due to restrictions upon rational modes of communication that the guarantee of free speech was given a generous scope. But utterance in a context of violence can lose its significance as an appeal to reason and become part of an instrument of force. Such utterance was not meant to be sheltered by the Constitution.
Dissenting, Priebe and Sons v. United States, 332 U.S. 407, 420 (1947).
Judicial opinions
Контексте: If one starts with the assumption that, in the absence of specific Congressional authority, a fixed rule of law precludes contracting officers from providing in a Government contract terms reasonably calculated to assure its performance even though there be no money loss through a particular default, there is no problem. But answers are not obtained by putting the wrong question and thereby begging the real one.
Writing for the court, Scripps-Howard Radio, Inc. v. FCC, 316 U.S. 4 (1942).
Judicial opinions
Concurring, Western Pacific Railroad Corp. v. Western Pacific Railroad Co., 345 U.S. 247, 270 (1953).
Judicial opinions
The Supreme Court, vol. 3, no. 1, Parliamentary Affairs (London, Winter 1949).
Other writings
Dissenting, West Virginia State Board of Education v. Barnett, 319 U.S. 624, 642 (1943).
Judicial opinions
Twenty Years of Mr. Justice Holmes' Constitutional Opinions, 36 HARV. L. REV. 909, 931 (1923).
Other writings
Adamson v. California, 332 U.S. 46, 59 (1947).
Judicial opinions
McComb v. Jacksonville Paper Co., 336 U.S. 187, 197 (1949).
Judicial opinions
Foreward, to "Memorial issue for Robert H. Jackson", 55 Columbia Law Review (April, 1955) p. 436; quoted by United States Senator Howell Heflin during the confirmation debate for Justice David Souter, on September 24, 1990, S13540.
Other writings
Reported in Proceedings in honor of Mr. Justice Frankfurter and distinguished alumni at the meeting of the Council, Harvard Law School Association in Cambridge, April 30, 1960.
Other writings
Concurring, Graves v. New York ex rel. O'Keefe, 306 U.S. 446 (1939).
Judicial opinions
