William Howard Taft & the Supreme Court

By Kaleena Fraga

William Howard Taft never wanted to be president. He was driven to the White House on the crest of his wife’s ambitions–she had wanted to be First Lady since childhood. Taft’s enduring goal was to join the Supreme Court.

When Taft became president in 1909, he noted to a friend that “if I were now presiding in the Supreme Court of the United States as Chief Justice, I should feel entirely at home, but with the troubles of selecting a cabinet and the difficulties in respect to the revision of the tariff, I just feel a bit like a fish out of water.”

Taft had harbored this ambition since he became a superior court judge in his late twenties. Several times he got close–President McKinley promised him an appointment if Taft would accept his order to serve as Governor General of the Philippines. And President Roosevelt had similarly (twice) offered an appointment. But Taft found himself consistently answering to other callings outside of the Supreme Court–he felt he could not leave his work in the Philippines and his wife, Nellie, convinced him pursue the presidency instead.

Taft didn’t especially enjoy being president–he once remarked that he hardly remembered his one term in office–and the end of his presidency was clouded by his former friend Theodore Roosevelt’s decision to throw his hat in the ring, effectively denying either of them a chance of reelection. But Taft did leave his mark on American jurisprudence–as president, he had the opportunity to appoint six justices to the Supreme Court.

taft sworn inOn October 3rd, 1921, Taft finally realized his ultimate goal and was appointed as Chief Justice of the Supreme Court by President Warren Harding. “This is,” Taft declared, “the greatest day of my life.”

As Chief Justice, Taft would oversee a court that expanded federal power, leaned conservative, and approved of Prohibition.

Many of Taft’s decisions–including a controversial ruling that allowed warrantless wiretaps of telephone conversations to be used against defendants in court–were overturned once he retired from the bench. Antonin Scalia noted that Taft, “had a quite accurate ‘vision of things to come,’ did not like them, and did his best, with consummate skill but ultimate lack of success, to alter the outcome.”

Perhaps Taft’s greatest legacy on the Supreme Court was to increase its power and prestige. Taft convinced Congress to pass the Judges’ Bill of 1925, which gave the Supreme Court more control over the cases in its docket and took away the automatic right of appeal. Taft often pushed for unanimity among his fellow justices, believing that such a statement would increase the court’s authority.

Taft’s wife, Nellie, left a tangible mark on Washington D.C. As First Lady, she set about theSCOTUS beautify the city, and ordered 2,000 cherry trees from Japan as part of this effort. Taft too forever changed the landscape of the capitol. He lobbied Congress to put aside funds for a new Supreme Court building–the one we know today–moving the justices out of the old Senate Chamber and into a building of their own. Taft instructed the architect, Cass Gilbert, to design “a building of dignity and importance suitable for its use as the permanent home of the Supreme Court of the United States.”

Of his presidency, Taft once remarked “I don’t remember that I ever was president.” He served nine years on the bench as opposed to four years as president, presiding over 250 decisions. Taft only left the Supreme Court once his health required that he do so.

A Momentous Day, a Crowded Stage: The Dedication of the Lincoln Memorial

By Kaleena Fraga

Ninety-six years ago today a crowd gathered in Washington D.C. to witness the dedication of the Lincoln Memorial. Present were former president William Howard Taft, presiding as Chief Justice, current president Warren G. Harding, and Abraham Lincoln’s son, Robert Todd Lincoln. And, of course, Abraham Lincoln himself, immortalized in stone and looming almost 100 feet over the three men.

Between the three of them, the men comprised over fifty years of presidential history, and a resume nearly as tall as the memorial itself. Robert Lincoln had been twenty-two when his father was assassinated. Although he didn’t follow in his footsteps to the presidency, Robert Lincoln had served as U.S. Ambassador to Great Britain, as the Secretary of War under two presidents, and as the chairman and president of the Pullman Railroad Company. He held the dubious honor of being present for two other presidential assassinations–those of Presidents Garfield and McKinley–which made him acknowledge “a certain fatality about the presidential function when I am present.” Still, no one at the dedication that day seemed nervous about his presence.

moton at memorialDr. Robert Moton, a civil rights activist, gave the keynote address. Although he spoke to a largely segregated audience, Moton pushed for equality for all races. The previous year, Moton had written President Harding a letter with suggestions on how to improve race-relations. His crusade to hire an all-black staff at the Tuskegee Veterans Administration Hospital for African-American WWI veterans had provoked death threats from white supremacists, although Harding endorsed the idea. Moton’s presence on stage, then, seemed to be both an explicit realization of Lincoln’s promise, and an implicit nod of support from the current administration. Yet he also represented the work to be done–despite giving the keynote, Moton was not allowed to sit on the speaker’s platform.

(As for Taft and Harding, curious readers can learn more about them here and here).

The architect Henry Bacon designed the memorial, which he modeled after the Pantheon. Bacon felt that the man who had saved democracy deserved a memorial reminiscent of the birthplace of democracy. It featured 36 pillars to represent the 36 states that Lincoln had reunited; texts of the Gettysburg Address and Lincoln’s second Inaugural Address; and, of course, the looming figure of Lincoln, designed by David Chester French.

Harding, the child of abolitionists, accepted the dedication from Taft. He closed the ceremony by saying:

“This Memorial is less for Abraham Lincoln than those of us today, and for those who follow after.”

They were prescient words–the Lincoln Memorial would go on to be a gathering place for people seeking equality and justice.