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Lot 36
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Supreme Court Justice Benjamin Cardozo scarce ALS during his term under FDR
Supreme Court Justice Benjamin Cardozo scarce ALS during his term under FDR
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Description:

Cardozo Benjamin 1870 - 1938 Supreme Court Justice Benjamin Cardozo, scarce ALS during his term under FDR.

Two page ALS scripted on his personal letterhead of "BNC", 5" x 6.5", scripted on recto with versos blank. Signed and dated by Benjamin Cardozo "June 5, 1936", and signed by him as "Benjamin N. Cardozo". Paper lightly toned, with faded handling marks. Expected folds, else near fine.


Cardozo, as the second Jew appointed to the Supreme Court, is remembered for his significant influence on the development of American common law in the 20th century, in addition to his philosophy and vivid prose style. He served on the bench for six years, supporting much of President Franklin D. Roosevelt's New Deal initiatives, including Social Security programs, and helping shape the direction of criminal law. Cardozo was also considered a member of the Three Musketeers along with Brandeis and Stone, which were considered to be the liberal faction of the Supreme Court. His letter was penned to Harold Shapiro, president emeritus and professor of economics and public affairs at Princeton University. Harold came to Princeton from the University of Michigan, where he served on the faculty as professor of economics and public policy and as president. In addition he was a trustee of the American Jewish Committee and the Technion-Israel Institute of Technology.

His lovely letter is shown below, which based on the date most likely referred to the work the court was doing on Roosevelt's New Deal initiatives :

"Dear Harold Shapiro,

After the ...of the court, I have settled down at White Plains for the summer.

It is good to be near my dear New York and .. Also to receive your heartwarming letter.

With regards to you and your wife.

I am faithfully yours,

Benjamin N Cardozo"

During Roosevelt's term and in the year of 1935, five more cases involving important New Deal legislation were decided by the Supreme Court during the term that ended June 1, bringing to ten the total number of major measures of the Roosevelt administration so far subjected to final court review.

While the N. R. A. and farm-mortgage acts were overturned by unanimous decisions, the Supreme Court in 1935 year divided 6 to 3 in two of the main New Deal cases as well as in a number of other cases. The liberal minority was composed of Justices Brandeis, Cardozo, and Stone. Justice Cardozo supported the government in seven of the ten most important New Deal eases decided in the last two terms. Justices Brandeis and Stone took a similar position in six of those cases. Justice McReynolds, on the other hand, voted consistently against the government. Justices Butler, Sutherland, and Van Devanter opposed the government's contentions in nine of the ten cases, and Justice Roberts in eight. Chief Justice Hughes, who delivered a separate opinion in the Guffey case agreeing with the minority on certain points, was recorded against the government in five of the other cases.

This year, as last year, the government won only one case. Its sole victory, in the Tennessee Valley Authority case, came midway of the term on February 17, 1936, a year lacking one day after its earlier victory in the gold-clause cases. It was on May 27, 1935, that the Supreme Court invalidated the Frazier-Lemke mortgage-moratorium act and handed down the famous Schechter decision outlawing the N. R. A. Similarly, as the 1935-36 term drew toward a close, the government again suffered defeat at the hands of the high court. On May 18 the Guffey act establishing a "little N. R. A." for the bituminous coal industry was declared unconstitutional, and a week later the Municipal Bankruptcy Act was overthrown.

In the gold-clause cases the administration won a partial victor by the narrow margin of 5 to 4. The Court divided 8 to 1 in sustaining the validity of certain operations of the Tennessee Valley Authority.

It is astounding the number of case reviews that go on by the Supreme Court, with the above representing only a sampling of examples from that one year.

A fantastic example from Cardozo's relatively short period on the Supreme Court.

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