Photograph of Felix Frankfurter.
Felix Frankfurter

Early life

Frankfurter was born in Vienna, Austria. He emigrated with his family to the United States in 1894, and grew up on New York City's Lower East Side. After graduating from City College of New York, he enrolled in New York Law School, but in 1902 transferred to Harvard Law School, where he became an editor of the Harvard Law Review and eventually graduated with one of the best academic records since Louis Brandeis.

Legal career

In 1906, Frankfurter became the assistant of Henry Stimson, a New York attorney. In 1911, President Taft appointed Stimson as his Secretary of War and Stimson appointed Frankfurter as law officer of the Bureau of Insular Affairs. During the War in Europe he acted as major and judge-advocate, and as secretary and counsel of the President's mediation commission.http://en.wikipedia.org/wiki/New_International_Encyclopedia

In 1918, leaders within the American Jewish community convened the first American Jewish Congress in Philadelphia's historic Independence Hall. Frankfurter, joined by Rabbi Stephen Wise, U.S. Supreme Court Justice Louis Brandeis, and others to lay the groundwork for a national Democratic organization comprised of Jewish leaders from all over the country, to rally for equal rights for all Americans regardless of race, religion or national ancestry.

In 1919, Frankfurter served as a Zionist delegate to the Paris Peace Conference. He lobbied President Woodrow Wilson to incorporate the Balfour Declaration into the treaty. In 1920, Frankfurter helped to found the American Civil Liberties Union. In the late 1920s, he joined efforts to save the lives of Nicola Sacco and Bartolomeo Vanzetti, two anarchists who had been sentenced to death on robbery/murder charges.

Criminal justice in Cleveland

In 1922, Roscoe Pound and Felix Frankfurter undertook a detailed quantitative study of crime reporting in Cleveland, Ohio, newspapers for January 1919, counting column inches. They found that whereas, in the first half of the month, the total amount of space given over to crime was 925 inches, in the second half it leapt to 6,642 inches. This was in spite the fact that the number of crimes reported had increased only from 345 to 363.

They concluded that although the city's much publicized "crime wave" was largely fictitious and manufactured by the press, the coverage had a very real consequence for the administration of criminal justice. Because the public believed they were in the middle of a crime epidemic, they demanded an immediate response from the police and the city authorities. These agencies complied, wishing to retain public support, caring "more to satisfy popular demand than to be observant of the tried process of law". The result was a greatly increased likelihood of miscarriages of justice and sentences more severe than the offenses warranted. p. 45–46 </bgref> p. 546</bgref> His long research into the power behind government in the United States led him to state "The real rulers in Washington are invisible, and exercise power from behind the scenes."

Bibliography

Frankfurter published several books including Cases Under the Interstate Commerce Act; The Business of the Supreme Court (1927); Justice Holmes and the Supreme Court (1938); The Case of Sacco and Vanzetti (1927) and Felix Frankfurter Reminisces (1960). Frankfurter was known as the nation's preeminent scholar on labor law. From 1914 to his appointment to the Supreme Court, Frankfurter was a popular professor at Harvard Law School. Frankfurter served as an informal advisor to President Roosevelt on many New Deal measures.

In 1943 Frankfurter met Jan Karski at Washington D.C. Before -on 29th of july 1943- Karski had had a talk with President Franklin D. Roosevelt. In both of the meetings the topic was the murderous and highly desperate situation of jews.

Supreme Court

On January 5, 1939, President Franklin Delano Roosevelt nominated Frankfurter to the U.S. Supreme Court. He served from January 30, 1939 to August 28, 1962.

Despite his liberal political leanings, 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. In this 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. Later in his career, this philosophy frequently put him on the dissenting side of ground-breaking decisions of the Warren court. However, Frankfurter was a strong foe of racial segregation and joined the Court's unanimous opinion in Brown v. Board of Education (1954), which prohibited segregation in public schools. Frankfurter encouraged the Morgenthau Plan against Germany in World War II.

Retirement

Frankfurter retired in 1962 after suffering a stroke and was succeeded by Arthur Goldberg. He was awarded the Presidential Medal of Freedom in 1963.

Felix Frankfurter died from congestive heart failure at the age of 83. His remains are interred in the Mount Auburn Cemetery in Cambridge, Massachusetts.

There are two extensive collections of Frankfurter's papers: one at the Manuscript Division of the Library of Congress and the other at Harvard University. Both are fully open for research and have been distributed to other libraries on microfilm. A chapter of the Aleph Zadik Aleph is named in his honor.

Trivia

Frankfurter is one of two Supreme Court justices to share a name with a food item (the other is Warren E. Burger). This fact was featured on a "Jaywalking" segment of The Tonight Show and also in an episode of The Simpsons.

In a letter to President Franklin D. Roosevelt, Supreme Court Justice Felix Frankfurter described Bernays and Ivy Lee as "professional poisoners of the public mind, exploiters of foolishness, fanaticism and self-interest." (Edward Bernays)

Notes

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External links

* * Felix Frankfurter's Gravesite *Sep 27, 2006 Epoch Times Editorial on Harry Wu (quotation referring to Jan Karski and Felix Frankfurter: When Jan Karski disclosed the message of Nazis' slaughtering of the Jews, the U.S. Supreme Court judge Felix Frankfurter's response to a Polish diplomat was, "Mr. Ambassador, I did not say this young man is lying. I said I am unable to believe him. There is a difference.")
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The other connection says:

...Despite his liberal political leanings, 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. In this 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"...
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That biography says:

...While at Harvard, Blackmun joined Lambda Chi Alpha fraternity and sang with the Harvard Glee Club. He attended Harvard Law School (among his professors there was Felix Frankfurter), graduating in 1932. He served in a variety of positions including private counsel, law clerk, and adjunct faculty at the University of Minnesota and the St Paul College of Law (now called William Mitchell College of Law)...

This biography says:

...Roosevelt, Supreme Court Justice Felix Frankfurter described Bernays and Ivy Lee as "professional poisoners of the public mind, exploiters of foolishness, fanaticism and self-interest." (Edward Bernays)

That biography says:

...Bernays' celebration of propaganda helped define public relations, but it did not win the industry many friends. In a letter to President Franklin D. Roosevelt, Supreme Court Justice Felix Frankfurter described Bernays and Ivy Lee as "professional poisoners of the public mind, exploiters of foolishness, fanaticism and self-interest." And history showed the flaw in Bernays' identification of the "manipulation of the masses" as a natural and necessary feature of a democratic society...

That biography says:

...144, 160) http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=363&invol=144 in which Mr Justice Felix Frankfurter, writing the unanimous opinion of the Court, concluded that the Waterfront Commission of New York did not act unconstitutionally when it required the removal of George DeVeau from his office as Secretary-Treasurer of the International Longshoremen's Association (which may also have had some impact on the decision of Vincent DeVeau's father to leave the waterfront at around the same time)...

This biography says:

...In 1943 Frankfurter met Jan Karski at Washington D.C. Before -on 29th of july 1943- Karski had had a talk with President Franklin D...

That biography says:

...In July 1943, Karski again personally reported to Roosevelt about the situation in Poland. He also met with many other government and civic leaders in the United States, including Felix Frankfurter, Cordell Hull, William Joseph Donovan, Samuel Cardinal Stritch, and Stephen Wise. Karski also presented his report to media, bishops of various denominations, members of the Hollywood film industry and artists, but without success...

This biography says:

...After graduating from City College of New York, he enrolled in New York Law School, but in 1902 transferred to Harvard Law School, where he became an editor of the Harvard Law Review and eventually graduated with one of the best academic records since Louis Brandeis.

That biography says:

...As a liberal Supreme Court justice in the New Deal era, Brandeis and a band of prominent admirers, including Felix Frankfurter, argued that central planning was inimical to American values and interests....

That biography says:

...Many New Deal laws that would have been struck down under earlier precedents were thus upheld. In 1939 Black was joined on the Supreme Court by Felix Frankfurter and William O. Douglas. Douglas voted alongside Black in several cases, especially those involving the First Amendment, while Frankfurter soon became one of Black's ideological foes...

This biography says:

...In 1919, Frankfurter served as a Zionist delegate to the Paris Peace Conference. He lobbied President Woodrow Wilson to incorporate the Balfour Declaration into the treaty. In 1920, Frankfurter helped to found the American Civil Liberties Union...

That biography says:

Kennedy was (for a while) a close friend with the leading Jewish lawyer Felix Frankfurter, who helped Kennedy get his sons into the London School of Economics, where they worked with Harold Laski, a leading Jewish intellectual and prominent Socialist...

That biography says:

...Dershowitz's book, he got so confused in his massive borrowings from Joan Peters that on two occasions, I'll cite them for those who have a copy of the book, on page 57 and on page 153 he uses the phrase, quote, George Orwell's 'turnspeak.' 'Turnspeak' is not Orwell, Mr. Dershowitz, you're the Felix Frankfurter chair at Harvard, you must know that Orwell would never use such a clunky phrase as 'turnspeak'."...

That biography says:

...His appointment came at a time when the Supreme Court was deeply fractured, both intellectually and personally. One faction was led by Justice Hugo Black, the other by Justice Felix Frankfurter. Some of the justices would not even speak to one another. Vinson was credited with patching this fracture, at least on a personal level...

That biography says:

...In 1929, he received his law degree from Harvard Law School, where he was a protégé of Felix Frankfurter, the future Supreme Court justice. Before joining a Boston law firm, he served for a year as clerk to Supreme Court Justice Oliver Wendell Holmes Jr...

This biography says:

Frankfurter is one of two Supreme Court justices to share a name with a food item (the other is Warren E. Burger). This fact was featured on a "Jaywalking" segment of The Tonight Show and also in an episode of The Simpsons...

That biography says:

...* Burger is one of three Supreme Court justices to share a name with a food item (the other two are Felix Frankfurter, Salmon P. Chase). This fact was featured on a "Jaywalking" segment of The Tonight Show and also in an episode of The Simpsons...

This biography says:

Frankfurter retired in 1962 after suffering a stroke and was succeeded by Arthur Goldberg. He was awarded the Presidential Medal of Freedom in 1963....

That biography says:

...As Secretary, he served as a mentor to the young Daniel Patrick Moynihan. The second was as an associate justice of the Supreme Court of the United States, replacing Felix Frankfurter, who had resigned because of poor health.

That biography says:

...On the Supreme Court, Harlan often voted alongside Justice Felix Frankfurter. Moreover, he was an ally and close friend of Justice Potter Stewart, who joined the Court in 1958. He was an ideological adversary—but close personal friend—of Justice Hugo Black, with whom he disagreed on a variety of issues, including the applicability of the Bill of Rights to the states, the Due Process Clause, and the Equal Protection Clause.

That biography says:

...McReynolds even absented himself from the memorial ceremonies held at the Supreme Court in honor of Cardozo. He did not attend Felix Frankfurter's swearing-in, exclaiming "My God, another Jew on the Court!"....

That biography says:

...Thayer denied a post-trial motion for a new trial, an act for which he was condemned by various left-wing and civil liberties groups, along with some legal critics, such as Felix Frankfurter. Others alleged that Thayer was biased against the two men because of their radical political beliefs...

That biography says:

...An impressive array of character witnesses appeared on behalf of Hiss: two U. S. Supreme Court justices, Felix Frankfurter and Stanley Reed, former Democratic presidential nominee John W. Davis and future Democratic presidential nominee Adlai Stevenson...
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