Frank Murphy (credit: Courtesy of the Library of Congress, Washington, D.C.)
For more information on Frank Murphy, visit Britannica.com.
| Britannica Concise Encyclopedia: Frank Murphy |
For more information on Frank Murphy, visit Britannica.com.
| 5min Related Video: Frank Murphy |
| US Supreme Court: Frank Murphy |
(b. William Francis Murphy, Sand [now Harbor] Beach, Mich., 13 Apr. 1890; d. Detroit, Mich, 19 July 1949; interred Rock Falls Cemetery, Harbor Beach, Mich.), associate justice, 1940–1949. A leading New Deal politician and libertarian jurist, Frank Murphy came from an Irish‐Catholic, middle‐class family in a small town by Lake Huron. His father, a lawyer, and especially his mother filled him with intense idealism, ambition, and religious faith. After earning a law degree from the University of Michigan and serving as an army captain in France during World War I, he made his mark in Detroit. He was a private practitioner and assistant U.S. attorney (1921–1922), liberal judge on Recorder's Court (1924–1930), and crusading mayor (1930–1933) who pioneered public relief for the unemployed.
During the Depression he reached national prominence as a Progressive reformer and lieutenant of President Franklin D. Roosevelt. He was the last U.S. governor‐general and first high commissioner of the Philippine Islands (1933–1936). As governor of Michigan (1937–1938), he mediated without loss of life the great sit‐down strikes at General Motors and other factories, a pivotal turn in unionization of mass‐production industries. Defeated for reelection, he was U.S. attorney general (1939) until chosen to replace Pierce Butler in the Supreme Court's “Catholic seat.” The midwestern Democrat was confirmed easily as FDR's fifth and majority appointment, although many lawyers, judges, and Murphy himself felt he was miscast.
His record as a justice was mixed. Neither legal scholar nor craftsman, he was criticized for relying on heart over head, results over legal reasoning, clerks over hard work, and emotional solos over team play in what he called the Great Pulpit. His strengths were practical experience, moral courage, compassion, and devotion to human rights. He strongly supported the post‐1937 legal revolution by which the Roosevelt Court legitimated vast public power to regulate economic affairs and championed less material rights of individuals and politically impotent minorities. Although others led these historic shifts, Murphy wrote important majority opinions in labor law, notably Thornhill v. Alabama (1940), which included peaceful picketing as free speech. His influential Chaplinsky v. New Hampshire (1942) opinion, by contrast, excluded “fighting words” and obscenity. He spoke for the Court in internally divisive battles over deportation (Schneiderman v. United States, 1943) and portal‐to‐portal pay (Jewell Ridge v. Local No. 6167, U.M.W.A., 1945). Most memorable are his powerful dissents against “legalization of racism” in the Japanese relocation (Korematsu v. United States, 1944) and for high standards of criminal procedure in war crime trials (In re Yamashita, 1946), state cases (Adamson v. California, 1947), and searches and seizures (Wolf v. Colorado, 1949).
A complex, narcissistic bachelor, he was a priestly jurist whose support of African‐Americans, aliens, criminals, dissenters, Jehovah's Witnesses, Native Americans, women, workers, and other outsiders evoked a pun: “tempering justice with Murphy.” As he wrote in Falbo v. United States (1944), “The law knows no finer hour than when it cuts through formal concepts and transitory emotions to protect unpopular citizens against discrimination and persecution” (p. 561). Aiding the poor and promoting industrial peace in the Great Depression were major achievements; his civil liberties evangelism was often vindicated by later decisions of the Court.
Bibliography
— J. Woodford Howard, Jr.
| Biography: Frank Murphy |
Frank Murphy (1890-1949), American jurist and diplomat, campaigned against municipal corruption and crime as U.S. attorney general. He was a liberal sympathizer of the Filipino independence movement when he was governor general and high commissioner of the Philippine Islands.
Frank Murphy was born in Harbor Beach, Mich., on April 13, 1890. He developed an enduring hatred against "industrial slavery" as a boy worker in a local starch factory. With his mother's teaching of racial equality and Christian love, Murphy evolved into a dynamic defender of the underprivileged. He worked his way through the University of Michigan. After receiving his law degree in 1914, he worked as a law clerk in Detroit and taught in a night school.
At the outbreak of World War I Murphy enlisted and served in France. After the war he studied law in Trinity College, Dublin, and in Lincoln's Inn, London. He was chief assistant to the U.S. attorney of Eastern Michigan District (1919-1920) and was reputed never to have lost a case. After private practice (1920-1923) he was appointed judge of Recorder's Court in Detroit (1923-1930) and handled criminal cases. He was mayor of Detroit from 1930 to 1933.
In 1932 Murphy was appointed governor general of the Philippines. He demonstrated his generous sympathy for the plight of the Filipino masses, especially for the land-hungry and oppressed tenant farmers, and emphasized the need for social justice. He was high commissioner of the islands in 1935-1936. In an interview in 1947 he expressed his belief that a revolution by the workers and peasants against the prevailing inequality in the Philippines was inevitable and bound to win.
When Murphy became governor of Michigan in 1936, he was faced with a sitdown strike by General Motors workers. The corporation obtained a court order to compel the workers to quit striking, but Murphy refused to enforce it by calling the troops; for this he was severely criticized by the establishment. Although acclaimed by liberals, he lost the support of politicians and workers and was defeated for reelection in 1938. Appointed in 1939 as U.S. attorney general, he waged a relentless crusade against crime syndicates, notably against Thomas Pendergast in Kansas City, and political racketeers. His indictment of 16 alleged Communists and fellow travelers in Detroit for having recruited volunteers for Loyalist Spain earned him the censure of liberals throughout the country.
President Franklin Roosevelt appointed Murphy associate justice of the Supreme Court in 1940 in recognition of his support of the New Deal program. As a member of the five-man liberal majority on the Court, Murphy fought all forms of racketeering and safeguarded the rights of minorities. In April he wrote the decision invalidating antipicket laws and thus won general praise for his firm stand against antistrike measures.
After 15 years of service in the Justice Department, Murphy died in Detroit on July 19, 1949. Quiet in manner, courteous, somewhat ascetic and pious, Murphy followed his motto, "Speak softly and hit hard," in his work. He expressed the ruling principle of his life thus: "I should like to belong to that small company of public servants and others who are content to do some of the homely and modest task of perfecting integrity in government and making government more efficient and orderly."
Further Reading
Harold Norris, ed., Mr. Justice Murphy and the Bill of Rights (1965), has a biography of Murphy along with some of his Supreme Court opinions. The best source for Murphy's life is Richard D. Lunt, The High Ministry of Government: The Political Career of Frank Murphy (1965). A useful biography of Murphy by J. P. Rodie is in Allison Dunham and Philip B. Kurland, eds., Mr. Justice (1956; rev. ed. 1964). The Philippine background is given in Theodore Friend, Between Two Empires: The Ordeal of the Philippines, 1929-1946 (1965).
Additional Sources
Fine, Sidney, Frank Murphy. Ann Arbor: University of Michigan Press, 1975-c1984.
| US Government Guide: Frank Murphy, Associate Justice, 1940–49 |
• Born: Apr. 13, 1890, Harbor Beach, Mich.
• Education: University of Michigan, B.A., 1912; LLB., 1914
• Previous government service: chief assistant attorney general, Eastern District of Michigan, 1919–20; judge, Recorder's Court, Detroit, Mich., 1923–30; mayor of Detroit, 1930–33; governor general of the Philippines, 1933–35; U.S. high commissioner to the Philippines, 1935–36; governor of Michigan, 1937–39; U.S. attorney general, 1939–40
• Appointed by President Franklin D. Roosevelt Jan. 4, 1940; replaced Pierce Butler, who died
• Supreme Court term: confirmed by the Senate Jan. 15, 1940, by a voice vote; served until July 19,1949
• Died: July 19, 1949, Detroit, Mich.
Frank Murphy was a strong supporter of Franklin D. Roosevelt's 1932 campaign for the Presidency. After serving as an administrator of the U.S. territory of the Philippines and as U.S. attorney general, Murphy was appointed by President Roosevelt to the Supreme Court.
As an associate justice, Murphy was a strong defender of minority rights. His most notable opinions were written in dissent of the Court's decisions to favor federal or state government interests above the rights of individuals.
Justice Murphy's dissent in Korematsu v. United States (1944) has been regarded as an example of the best opinions to be found in the Supreme Court literature. In this wartime case, the Court upheld the right of the government to relocate and confine all persons of Japanese ancestry living on the Pacific coast of the United States. The Court's majority argued that this action was necessary to protect national security during the war against Japan. Justice Murphy disagreed and said the relocation was “utterly revolting among a free people who have embraced the principles set forth in the Constitution of the United States.”
Murphy's dissent in the Korematsu case is honored today as a courageous and correct view of the case. And the majority opinion in that case tends to be criticized, in Murphy's terms, as “legalization of racism.”
See also Korematsu v. United States
Sources
| Columbia Encyclopedia: Frank Murphy |
Bibliography
See study by S. Fine (1979).
| Legal Encyclopedia: Murphy, Francis William |
As a champion of civil liberties in the World War II era, Francis ("Frank") William Murphy had an extraordinary political and legal career. An associate justice of the U.S. Supreme Court from 1940 to 1949, he previously had served in local, state, and federal government. He was appointed U.S. governor general of the Philippine Islands in 1935, elected governor of Michigan in 1936, and appointed U.S. attorney general in 1939. Murphy's support for workers, women, and members of religious and racial minority groups, as well as his broad reading of the First and Fourth Amendments, distinguished him at a time when both the federal government and the Court moved slowly in upholding civil rights.
Born in Harbor Beach, Michigan, April 13, 1890, Murphy was the son of an Irish Catholic country lawyer and a devoutly religious mother. He studied at the University of Michigan before being admitted to the state bar in 1914. He then went off to fight in France and Germany in World War I. On returning to Michigan, he acquired legal experience by working in the state attorney general's office and in private practice. He next became judge for the principal criminal court in Detroit, which in turn led to a political career. A pro-labor Democrat, Murphy was mayor of Detroit from 1930 to 1933.
In the midst of the Great Depression, Murphy supported Franklin D. Roosevelt for president in 1932. President Roosevelt rewarded him with appointment as the governor general of the Philippine Islands. Murphy enacted minimumwage laws and supported women's suffrage while helping to effect the country's transition to independence. Returning to Michigan, he campaigned and won election as governor in 1936. That year the historic sit-down strike by 135,000 automobile workers proved to be the turning point in Murphy's career. He refused to deploy state police against the unpopular strikers and as a consequence lost his reelection bid in 1938.
President Roosevelt named him to his administration. Although Murphy wanted to be secretary of war—and, indeed, would spend several years trying to find ways to join the war effort—Roosevelt had other plans. The president made him U.S. attorney general. Murphy established the first civil liberties unit in the Department of Justice and brought suit against trust companies and a powerful Democratic party boss, Thomas J. Pendergast of Kansas City. In 1939 the death of Associate Justice Pierce Butler opened the so-called Catholic seat on the Supreme Court, and Roosevelt gave it to a reluctant Murphy, who thought himself less qualified than others.
Murphy served for nine years as an associate justice. He wrote 199 opinions. Inherently suspicious of government power and passionately devoted to the rights of the weak, Murphy supported civil rights in nearly every case. He scorned the federal government's treatment of Japanese Americans during World War II, for example, and at other times sided with the claims of workers and religious minority groups.
This philosophy found its best expression in 1944. "The law knows no finer hour," Murphy wrote in one of his many dissents, "than when it cuts through formal concepts and transitory emotions to protect unpopular citizens against discrimination and persecution" (Falbo v. United States, 320 U.S. 549, 64 S. Ct. 346, 88 L. Ed. 305). That case was one of several in the 1940s involving church-state issues that concerned the rights of the Jehovah's Witnesses, in this case a conscientious objector. Murphy often voted in favor of upholding First Amendment claims; for example, he joined the majority in ending compulsory flag-saluting for children in public schools (West Virginia State Board of Education v. Barnette, 319 U.S. 624, 63 S. Ct. 1178, 87 L. Ed. 1628 [1943]). In another important speech case, Murphy wrote the majority opinion protecting labor union picketing (Thornhill v. Alabama, 310 U.S. 88, 60 S. Ct. 736, 84 L. Ed. 1093 [1940]). Yet more often than not, his broader reading of individual rights led him into dissent against the majority.
On and off the Court, Murphy faced criticism for his idealism. He was seen as too emotional at the expense of strict legal thinking. He was the target of the popular barb, "justice tempered with Murphy." His personal life only fed his somewhat prim reputation, because he was a hypochondriac who never drank, smoked, or married. Chief Justice Harlan F. Stone disliked him for another reason: he thought Murphy was too reliant on his law clerks.
Although Murphy occasionally seemed out of step with both the Court and his times, his broad vision of civil liberties was later vindicated. In particular, he believed in vigorous application of the FourthAmendment's prohibition of unreasonable searches and seizures by the police. Murphy dissented in Wolf v. Colorado, 338 U.S. 25, 69 S. Ct. 1359, 93 L. Ed. 1782 (1949), where the Court refused to apply to the states what already existed for federal courts: the ban on admitting improperly seized evidence in a trial. He wrote that the majority, by leaving state courts out of the equation, was allowing "lawlessness by officers of the law." Twelve years later, in 1961, a different Supreme Court agreed with him and overruled Wolf in the landmark case Mapp v. Ohio, 367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (1961).
Murphy died on July 19, 1949 in Detroit, Michigan.
| Wikipedia: Frank Murphy |
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Frank Murphy
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| In office February 5, 1940 – July 19, 1949 |
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| Nominated by | Franklin D. Roosevelt |
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| Preceded by | Pierce Butler |
| Succeeded by | Tom C. Clark |
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| In office January 2, 1939 – January 18, 1940 |
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| Preceded by | Homer S. Cummings |
| Succeeded by | Robert H. Jackson |
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35th Governor of Michigan
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| In office January 1, 1937 – January 1, 1939 |
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| Lieutenant | Leo J. Nowicki |
| Preceded by | Frank Fitzgerald |
| Succeeded by | Frank Fitzgerald |
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| In office 1935 – 1936 |
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| Preceded by | (post made) |
| Succeeded by | Paul V. McNutt |
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| In office July 15, 1933 – November 15, 1935 |
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| Preceded by | Theodore Roosevelt, Jr. |
| Succeeded by | (post abolished): Manuel L. Quezon as the President of the Philippine Commonwealth |
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| Died | July 19, 1949 (aged 59) Detroit, Michigan |
| Political party | Democratic |
| Spouse(s) | none |
| Alma mater | University of Michigan Law School Trinity College, Dublin |
| Military service | |
| Service/branch | United States Army |
| Rank | Captain |
| Battles/wars | World War I World War II |
William Francis (Frank) Murphy (April 13, 1890 – July 19, 1949) was a politician and jurist from Michigan. He served as First Assistant U.S. District Attorney, Eastern Michigan District (1920-23), Recorder's Court Judge, Detroit (1923-30). Mayor of Detroit (1930–33), the last Governor-General of the Philippines (1933-35), U.S. High Commissioner of the Philippines (1935–36), Governor of Michigan (1937-39), United States Attorney General (1939–40), and United States Supreme Court Associate Justice (1940–49).
Frank Murphy was born in Harbor Beach, Michigan, (then known as "Sand Beach")[1] in 1890 to Irish parents, John T. Murphy and Mary Brennan,[2] who raised him as a devout Catholic.[3] He followed in his father’s footsteps by becoming a lawyer. He attended the University of Michigan Law School, and graduated with a BA in 1912 and LLB in 1914. He was a member of the senior society Michigamua. [4] This was a combined literary and law course, a program in which students would first earn a baccalaureate degree in liberal arts and then proceed to the study of law. Murphy was stricken with Diphtheria in the winter of 1911 but was allowed to begin his course in the Law Department, from which he received his LL.B. degree in 1914. He performed graduate work at Lincoln's Inn in London and Trinity College, Dublin, which was said to be formative for his judicial philosophy. In particular, he developed a need to decide cases based on his more holistic notions of justice, eschewing technical legal arguments. As one commentator wrote of his later supreme court service, he 'tempered justice with Murphy.'[5]
He served in the U.S. Army during World War I, achieving the rank of Captain with the occupation Army in Germany before leaving the service in 1919.
Murphy opened a private law office in Detroit and soon became the Chief Assistant United States Attorney for the Eastern District of Michigan. He opened the first civil rights section of a U.S. Attorney's office.
He taught at the University of Detroit for five years.
Frank Murphy served as a Judge in the Detroit Recorder's Court from 1923 to 1930, and made many administrative reforms in the operations of the court:
While on Recorder's Court, he established a reputation as a trial judge. He was a presiding judge in the famous (and racially-charged) murder trials of Dr. Ossian Sweet and his brother, Henry Sweet, in 1925 and 1926. Clarence Darrow— then one of the most prominent trial lawyers in the country — was lead counsel for the defense.[7] After an initial mistrial of all of the black defendants, Henry Sweet — who admitted that he fired the weapon which killed a member of the mob surrounding Dr. Sweet's home and was retried separately — was acquitted by an all-white jury on grounds of the right of self-defense.[8] The prosecution then elected to not prosecute any of the remaining defendants. Judge Murphy's rulings were material to the outcome of the case.[9]
Frank Murphy fulfilled a career of public service unequaled by any Michigan citizen. In a lifetime of just 59 years, he served such diverse positions as first assistant United States attorney for the Eastern District of Michigan, a Recorder's Court Judge, Mayor of Detroit, Governor-General and High Commissioner of the Philippines, Governor of Michigan, Attorney General of the United States, and Justice of the U.S. Supreme Court.[10]
Frank Murphy was appointed and took the oath of office as first assistant United States attorney for the Eastern District of Michigan on August 9, 1919.[11] He was one of three assistant attorneys in the office.
When Murphy began his career as a federal attorney, the workload of the attorney's office was increasing at a rapid rate, mainly due to the advent of national prohibition. The government's excellent record in winning convictions in the Eastern District was partially due to Frank Murphy's record of winning all but one of the cases that he prosecuted. Murphy was so effective in addressing a jury that employees in the Federal Building would gather to the courtroom to hear him perform. Murphy practiced law privately to a limited extent while he was still a federal attorney. He resigned his position as a United States attorney on March 1, 1922.[12] Murphy had several offers to join private practices but decided to go it alone and formed a partnership with Edward G. Kemp.[13]
He ran unsuccessfully as a Democrat for the United States Congress in 1920, when national and state Republicans swept Michigan, but used the race to build a political base. He drew upon his legal reputation and growing political connections to win a seat on the Recorder's Court, Detroit's criminal court.[14] In 1923, Frank Murphy was elected as judge of the Recorder's Court on a non-partisan ticket by one of the largest majorities ever cast for a judge in Detroit. Murphy took office on January 1, 1924 and served seven years as a judge of the Recorder's Court during the Prohibition Era (1924-1930).
His best-known trials were the two murder trials of Dr. Ossian Sweet, an African-American charged with the murder of a white man. The Sweet case attracted national attention, not the least because the defense brought in the country’s most famous attorney, Clarence Darrow. After a jury of 12 white men could not agree on a verdict in the first trial, Murphy declared a mistrial. Sweet’s brother, the only defendant to admit to firing a gun, was tried next. Thanks to Darrow’s brilliant and theatrical defense, he was acquitted — a stunning victory that affirmed the right of a black man to defend his property in the face of racist threats.[13]
In 1930, Murphy ran as a Democrat and was elected Mayor of Detroit. He served from 1930 to 1933, during the first years of the Great Depression. He presided over an epidemic of urban unemployment, a crisis in which 100,000 people were unemployed in the summer of 1931. He named an unemployment committee of private citizens from businesses, churches, and labor and social service organizations to identify all residents who were unemployed and not receiving welfare benefits. The Mayor’s Unemployment Committee raised funds for its relief effort and worked to distribute food and clothing to the needy, and a Legal Aid Subcommittee volunteered to assist with the legal problems of needy clients. In 1933, as Mayor he convened in Detroit and organized the first convention of the United States Conference of Mayors. They met and conferred with President Franklin D. Roosevelt — and Murphy was elected as its first president.[15] As a mayor, he believed in efficient and good government, not just more government.[13]
Frank Murphy was an early and enthusiastic supporter of President Roosevelt and the New Deal, helping Roosevelt to become the first Democratic presidential candidate to win the state of Michigan.
In fact, his principal biographer, University of Michigan Professor Sidney Fine, noted that "he was a new dealer even before there was a New Deal.”[13]
Author Melvin G. Holli rated Murphy an exemplary mayor (one of the best) and highly effective leader, who brought together the right skills and strategies to deal with the opportunities and challenges presented. Murphy is noted as being one of the foremost examples of compounding his success as a big city mayor to a highly productive leap into national politics and office.[16]
By 1933, after Murphy’s second mayoral term, the reward of a big government job was waiting. Roosevelt appointed Murphy as the Governor-General of the Philippines. In January 1935, a Philippine military camp which would later serve as the headquarters of the country's armed forces was named after him. It was later renamed Camp Aguinaldo after the Philippines' first president.
Frank Murphy demonstrated his generous sympathy for the plight of the Filipino masses, especially for the land-hungry and oppressed tenant farmers, and emphasized the need for social justice.[17]
When his position as Governor-General was abolished in 1935, he stayed on as the United States High Commissioner until 1936. That year he served as a delegate from the Philippine Islands to the Democratic National Convention which renominated President Roosevelt for a second term.
High Commissioner to the Philippines was the title of the personal representative of the President of the United States to the Commonwealth of the Philippines during the period 1935-1946. The office was created by the Tydings-McDuffie Act of 1934, which provided for a period of transition from direct American rule to the complete independence of the islands on July 4, 1946.[18]
Murphy was elected the 35th Governor of Michigan on November 3, 1936, defeating Republican incumbent Frank Fitzgerald, and served one two-year term. During his two years in office, an unemployment compensation system was instituted and mental health programs were also improved.
The United Automobile Workers engaged in an historic sit-down strike at the General Motors' Flint plant. The Flint Sit-Down Strike was a turning point in national collective bargaining and labor policy. After 27 people got injured in a battle between the workers and the police, including 13 strikers with gunshot wounds, the governor sent the National Guard in to protect the workers from the police and the company thugs, with President Franklin D. Roosevelt's approval. The governor didn't follow a court's order requesting him to expel the strikers, and refused to order the guards troops to suppress the strike.[19][20][21]
Then Governor Murphy successfully mediated an agreement and end to the confrontation; G.M. recognized the U.A.W. as bargaining agent under the newly adopted National Labor Relations Act (or Wagner Act). This had an incalculable effect upon the fortunes of organized labor and institutionally recognized its legitimacy.[22] In the next year the UAW saw its membership grow from 30,000 to 500,000 members. As later noted by the British Broadcasting System, this strike was "the strike heard round the world."[23]
In 1938, Murphy was defeated by his predecessor, Fitzgerald — who became the only governor from Michigan to succeed and precede the same person.
His success as Michigan governor (Time Magazine put him on its August 28, 1939 cover) and U.S. Attorney General[24] led Time to talk of him as the Democratic presidential or vice presidential candidate in 1940.[25] and to feature him on its cover.[26]
In 1939, President Roosevelt appointed Murphy as his 56th U.S. Attorney General. During the one year he served, he established a Civil Liberties Section (later called the Civil Rights Section) in the Criminal Division of the United States Department of Justice. The section was designed to centralize enforcement responsibility for the Bill of Rights and civil rights statutes.[27]
He was involved in a public and widespread crusade against organized crime syndicates, in prosecuting such notable figures including Kansas City's Democratic boss Thomas Pendergast and newspaper publisher Moses Annenberg and other political racketeers. Under his administration, the United States Department of Justice in Detroit indicted 16 alleged communists and fellow travelers for having recruited volunteers for the Abraham Lincoln Brigade supporting Spanish Republican forces against Francisco Franco and the Nationalists. This earned Murphy censure from liberals.
While being outwardly aggressive as Attorney General, the internal administrative accomplishments of Murphy's administration are reportedly mixed. He brought his Michigan political team with him to the Department of Justice, which demoralized professionals in the Department of Justice.[clarification needed]
The November 1939 death of Supreme Court Justice Pierce Butler created a vacancy. Frank Murphy reluctantly accepted a promotion to Associate Supreme Court Justice. He was replaced in the Attorney General's position by Robert H. Jackson. Frank Murphy turned out to be a great Supreme Court champion of civil liberties.[28]
After a year as Attorney General, President Roosevelt nominated Murphy on January 4, 1940, to be an Associate Justice of the Supreme Court, filling the seat vacated by Pierce Butler. He was confirmed by the United States Senate on January 16, 1940, and was sworn in on January 18, 1940.[1] The timing of the appointment put Justice Murphy on the cusp of the Hughes[29] and the Stone courts.[30] Upon the death of Chief Justice Harlan Fiske Stone, Murphy then served in the court led by Frederick Moore Vinson, who was confirmed in 1946.[31]
Justice Murphy took an expansive view of individual liberties, and the limitations on government he found in the Bill of Rights.[32]
While serving on the Court, Murphy was a voice for the protection of individual rights. John P. Frank, in "The Justices of the United States Supreme Court: Their Lives and Major Opinions", called him the Supreme Court's "most consistent voice for kindness, tolerance and humanity.".[33]
Justice Murphy authored 199 opinions: 131 majority; 68 in dissent.[6] Other important majority opinions were: Industrial Commission v. McCartin, 330 U.S. 622 (1947) (which seeks to harmonize policy problems of workers' rights, workers' compensation in two different states, and their interaction with the Full Faith and Credit Clause, Article IV, Section 1 of the United States Constitution);[52] and Trupiano v. United States, 334 U.S. 699 (1948)[53] which concerns the Fourth Amendment to the United States Constitution. An important dissent not yet mentioned is in Jones v. City of Opelika, 316 U.S. 584 (1942),[54][55]
"His strengths were practical experience, moral courage, compassion, and devotion to human rights." He made a mark when he "strongly supported the post‐1937 legal revolution by which the Roosevelt Court legitimated vast public power to regulate economic affairs and championed less material rights of individuals and politically impotent minorities."[48]
Opinions differ about him and his jurisprudential philosophy. He has been acclaimed as a legal scholar and a champion of the common man.[6] Justice Felix Frankfurter disparagingly nicknamed Murphy "the Saint", criticizing his decisions as being rooted more in passion than reason. On the other hand, it has been said he was "Neither legal scholar nor craftsman," who was criticized "for relying on heart over head, results over legal reasoning, clerks over hard work, and emotional solos over team play" in what "the Great Pulpit" (Murphy's own phrase.)[48]
One of Justice Murphy's biographers called him a "priestly jurist" and "narcissistic."[56] It is generally agreed that he principally made his greatest mark by being a liberal counterpoint to the court in his separate concurring and dissenting opinions.[57]
Murphy's support of African‐Americans, aliens, criminals, dissenters, Jehovah's Witnesses, Native Americans, women, workers, and other outsiders evoked a pun: “tempering justice with Murphy.” As he wrote in Falbo v. United States (1944), “The law knows no finer hour than when it cuts through formal concepts and transitory emotions to protect unpopular citizens against discrimination and persecution” (p. 561). Aiding the poor and promoting industrial peace in the Great Depression were major achievements; his civil liberties evangelism was often vindicated by later decisions of the Court.
According to Justice Frankfurter, Murphy was part of the more liberal "Axis" of justices on the Court, along with Justices Rutledge, Douglas, and Black; the group would for years oppose Frankfurter's judicially-restrained ideology.[58] Douglas, Murphy, and then Rutledge were the first justices to agree with Hugo Black's notion that the Fourteenth Amendment incorporated the Bill of Rights protection into it; this view would later become law.[59]
Frank Murphy was one of twelve Catholic justices – out of 110 total through the appointment of Justice Samuel Alito and Chief Justice John Roberts – in the history of the Supreme Court.[60]
Even though he was serving on the Supreme Court during World War II, he still longed to be part of the war effort. Consequently, during recesses of the Court, he served In Fort Benning, Georgia as an infantry officer.[61]
He acted as chairman of the National Committee against Nazi Persecution and Extermination of the Jews, and of the Philippine War Relief Committee.[62] The first committee was established in early 1944 to promote rescue of European Jews, and to combat antisemitism in the United States.[63]
Deb Price and Joyce Murdoch present evidence in the book Courting Justice [92] that Murphy was homosexual and lived with a longtime male companion. Murphy's principal biographer, Sidney Fine, did not make such a finding, noting that Murphy was engaged when he died, and that he personally uncovered no direct evidence.[90]
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| Political offices | ||
|---|---|---|
| Preceded by Theodore Roosevelt, Jr. |
Governor-General of the Philippines 1933-1935 |
Succeeded by Manuel L. Quezon as President of the Philippine Commonwealth |
| Preceded by (none) |
High Commissioner of the Philippines 1935-1936 |
Succeeded by Paul V. McNutt |
| Preceded by Frank Fitzgerald |
Governor of Michigan 1937-1939 |
Succeeded by Frank Fitzgerald |
| Legal offices | ||
| Preceded by Homer S. Cummings |
Attorney General of the United States 1939 – 1940 |
Succeeded by Robert H. Jackson |
| Preceded by Pierce Butler |
Associate Justice of the Supreme Court of the United States February 5, 1940 – July 19, 1949 |
Succeeded by Tom C. Clark |
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