Butler, Pierce

1923 signature of one of the Anti-New Deal “Four Horsemen”

Price: $50.00

Description:
(1866-1939) Minnesota Catholic Democrat, Associate Justice 1923-39, one of conservative, anti-New Deal “Four Horsemen”. As Associate Justice, he vigorously opposed regulation of business and implementation of welfare programs by the federal government as unconstitutional. During the Great Depression, he ruled against the constitutionality of many "New Deal" laws — the Agricultural Adjustment Administration and the National Recovery Administration — which had been supported by fellow Democrat Franklin Roosevelt. This earned him a place among the so-called "Four Horsemen," which also included Justices McReynolds, Sutherland, and Van Devanter. He wrote the majority opinion (6-3) in US v. Schwimmer, in which a Hungarian immigrant's application for citizenship was denied because of her candid refusal to take an oath to "take up arms" for her adopted country. In Palko v. Connecticut, he was the sole dissenter; the rest of the justices believed a state was not restrained from trying a man a 2nd time for the same crime. Butler believed this violated the Fourteenth Amendment. He sided with the majority in Pierce v. Society of Sisters, holding unconstitutional an Oregon law which prohibited parents from sending their children to private or religious schools. In Buck v. Bell, Butler was the only Justice who dissented from Justice Holmes's opinion that the forced sterilization of an allegedly "feeble-minded" woman in Virginia was constitutional. Another consequential dissent was from the opinion in Olmstead v. United States which upheld federal wiretapping; he took an expansive view of 4th Amendment protections. 3 ¼ x 5 ¾ album page signed as Associate Justice, Washington, February 23 1923. With portrait for framing. IMAGE NOTE: "flash" on portrait is from light reflected on glossy surface - it is NOT on the original portait!

Condition: Very good, rough at top edge, signature darker than place and date (different pen used?)
Type:Signature






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