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Encyclopedia > Arthur Goldberg
Arthur Goldberg


In office
October 1, 1962 – July 25, 1965
Nominated by John Fitzgerald Kennedy
Preceded by Felix Frankfurter
Succeeded by Abe Fortas

Born August 8, 1908
Chicago, Illinois
Died January 19, 1990 (aged 81)
Washington, D.C.

Arthur Joseph Goldberg (August 8, 1908January 19, 1990) was an American statesman and jurist who served as the U.S. Secretary of Labor, Supreme Court Justice and Ambassador to the United Nations. Arthur Goldberg, US Supreme Court Justice and UN Ambassador LBJ Library Photo by Yoichi Okamoto This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. ... Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States. ... October 1 is the 274th day of the year (275th in leap years) in the Gregorian calendar. ... 1962 (MCMLXII) was a common year starting on Monday (the link is to a full 1962 calendar). ... July 25 is the 206th day (207th in leap years) of the year in the Gregorian calendar, with 159 days remaining. ... 1965 (MCMLXV) was a common year starting on Friday (the link is to a full 1965 calendar). ... JFK redirects here. ... Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court. ... Abe Fortas (June 19, 1910–April 5, 1982) was a U.S. Supreme Court associate justice. ... August 8 is the 220th day of the year in the Gregorian calendar (221st in leap years), with 145 days remaining. ... 1908 (MCMVIII) was a leap year starting on Wednesday (link will display the full calendar). ... Flag Seal Nickname: The Windy City Motto: Urbs In Horto (Latin: City in a Garden), I Will Location Location in Chicagoland and northern Illinois Coordinates , Government Country State Counties United States Illinois Cook, DuPage Mayor Richard M. Daley (D) Geographical characteristics Area     City 606. ... Official language(s) English[1] Capital Springfield Largest city Chicago Largest metro area Chicago Area  Ranked 25th  - Total 57,918 sq mi (149,998 km²)  - Width 210 miles (340 km)  - Length 390 miles (629 km)  - % water 4. ... January 19 is the 19th day of the year in the Gregorian calendar. ... MCMXC redirects here; for the Enigma album, see MCMXC a. ... Nickname: Motto: Justitia Omnibus (Justice for All) Location of Washington, D.C., in relation to the states Maryland and Virginia Coordinates: Country United States Federal District District of Columbia Government  - Mayor Adrian M. Fenty (D)  - City Council Chairperson: Vincent C. Gray (D) Ward 1: Jim Graham (D) Ward 2: Jack... August 8 is the 220th day of the year in the Gregorian calendar (221st in leap years), with 145 days remaining. ... 1908 (MCMVIII) was a leap year starting on Wednesday (link will display the full calendar). ... January 19 is the 19th day of the year in the Gregorian calendar. ... MCMXC redirects here; for the Enigma album, see MCMXC a. ... The United States Secretary of Labor is the head of the United States Department of Labor. ... Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States. ... United States Ambasadors to the United Nations, full title, Representative of the United States of America to the United Nations, with the rank and status of Ambassador Extraordinary and Plenipotentiary, and Representative of the United States of America in the Security Council of the United Nations (also known as the...

Contents

Early life

Goldberg was born and raised on the West Side of Chicago, the youngest of eight children of Jewish immigrants. The family originally came from a shtetl called Zenkhov in the Ukraine. Goldberg's father, a produce peddler, died in 1916, forcing Goldberg's siblings to quit school and go to work to support the family. As the youngest child, Goldberg was allowed to continue school, graduating from high school at age 16. Nickname: Motto: Urbs In Horto (Latin: City in a Garden), I Will Location in the Chicago metro area and Illinois Coordinates: Country United States State Illinois County Cook & DuPage Incorporated March 4, 1837 Government  - Mayor Richard M. Daley (D) Area  - City  234. ... The word Jew ( Hebrew: יהודי) is used in a wide number of ways, but generally refers to a follower of the Jewish faith, a child of a Jewish mother, or someone of Jewish descent with a connection to Jewish culture or ethnicity and often a combination... Map of the world with countries colored according to their immigrant population as a percentage of total population: Although human migration has existed throughout human history, immigration in the modern sense refers to movement of people from one nation-state to another. ... Main article: Secondary education High school is a name used in some parts of the world, and particularly in North America, to describe the last segment of compulsory education. ...


Goldberg's interest in the law was sparked by the famous 1923 murder trial of Leopold and Loeb, wealthy young Chicagoans who were spared the death penalty with the help of their high-powered defense attorney, Clarence Darrow. Goldberg would later point to this case as inspiration for his opposition to the death penalty on the bench, as he saw how inequality of social status could lead to unfair application of the death penalty. 1923 (MCMXXIII) was a common year starting on Monday (link will display the full calendar). ... Nathan Leopold (left) and Richard Loeb (center) under arrest Nathan Freudenthal Leopold, Jr. ... In most litigation under the common law adversarial system the defendant, perhaps with the assistance of counsel, may allege or present defenses (or defences) in order to avoid liability, civil or criminal. ... Clarence Seward Darrow (April 18, 1857 Kinsman Township, Trumbull County, Ohio - March 13, 1938 Chicago) was an American lawyer and leading member of the American Civil Liberties Union, best known for defending teenaged thrill killers Leopold and Loeb in their trial for murdering 14-year-old Bobby Franks (1924) and... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ...


Goldberg earned a distinguished reputation as a student at the Northwestern University School of Law, where he edited the law review, graduating in 1930. The Northwestern University School of Law is a private American law school in Chicago, Illinois. ...


In 1931, Goldberg married art student Dorothy Kurgans. They had one daughter, Barbara (Cramer), and a son, Robert.


Labor lawyer and Kennedy Administration

Goldberg became a prominent labor lawyer, representing striking Chicago newspaper workers on behalf of the CIO in 1938. He served in the Office of Strategic Services as chief of the Labor Desk, an autonomous division of the American intelligence agency that was charged with the task of cultivating contacts and networks within the European underground labor movement during World War II. Appointed general counsel to the CIO in 1948, Goldberg served as a negotiator and chief legal advisor in the merger of the AFL and CIO in 1955. The Congress of Industrial Organizations, or CIO, was a federation of unions that organized industrial workers in the United States and Canada in 1935-1955. ... The Office of Strategic Services (OSS) was a United States intelligence agency formed during World War II. It was the wartime intelligence agency and was a lineage precursor to the Central Intelligence Agency, as well as for the Special Forces and Navy Seals, who have traced their lineage back to... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... The American Federation of Labor (AFL) was one of the first federations of labor unions in the United States. ...


Goldberg was by this time a prominent figure in the Democratic Party and in labor union politics. President Kennedy appointed Goldberg to two positions. The first was Secretary of Labor, where he served from 1961-1962. 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. JFK redirects here. ... The United States Secretary of Labor is the head of the United States Department of Labor. ... Daniel Patrick Pat Moynihan (March 16, 1927 – March 26, 2003) was a United States Senator, Ambassador, and eminent sociologist. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court. ...

The official portrait of Arthur J. Goldberg hangs in the Department of Labor
The official portrait of Arthur J. Goldberg hangs in the Department of Labor

Image File history File links No higher resolution available. ... Image File history File links No higher resolution available. ...

Supreme Court

Despite his short time on the bench, Goldberg played a significant role in the Court's jurisprudence, as his liberal views on constitutional questions shifted the Court's balance toward a broader construction of constitutional rights. His best-known opinion came in the case of Griswold v. Connecticut (1965), arguing that the Ninth Amendment supported the existence of an unenumerated right of privacy. Holding A Connecticut law criminalizing the use of contraceptives violated the right to marital privacy. ... The Bill of Rights in the National Archives Amendment IX (the Ninth Amendment) to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution. ... Privacy has no definite boundaries and it has different meanings for different people. ...


Perhaps Goldberg's most influential move on the Court involved the death penalty. Goldberg argued in a 1963 internal Supreme Court memorandum that imposition of the death penalty was condemned by the international community and should be regarded as "cruel and unusual punishment," in contravention of the Eighth Amendment. Goldberg was the first to argue this position: prior to Goldberg's memo, no Supreme Court case had addressed the question of whether the death penalty violated the Eighth Amendment. Finding support in this position from two other justices (William J. Brennan and William O Douglas), Goldberg published an opinion dissenting from the Court's denial of certiorari in a case, Rudolph v. Alabama, involving the imposition of the death penalty for rape, in which Goldberg cited the fact that only five nations responding to a United Nations survey indicated that they allowed imposition of the death penalty for rape, including the U.S., and that 33 states in the U.S. had outlawed the practice. The Bill of Rights in the National Archives Amendment VIII (the Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and unusual punishment. ... William J. Brennan, official portrait, 1976. ... Certiorari (pronunciation: sər-sh(ē-)ə-ˈrer-ē, -ˈrär-ē, -ˈra-rē) is a legal term in Roman, English and American law referring to a type of writ seeking judicial review. ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ...


Goldberg's dissent sent a signal to lawyers across the nation to challenge the constitutionality of capital punishment in appeals. As a result of the influx of appeals, the death penalty effectively ceased to exist in the United States for the remainder of the 1960s and 1970s, and the Supreme Court was forced to consider the issue in the 1972 case of Furman v. Georgia, where the Justices, in a 5-4 decision, struck down the death penalty laws of states across the country. That decision would be revisited in 1976's Gregg v. Georgia, where the justices voted to allow the death penalty under some circumstances; the death penalty for rape of an adult female victim, however, would be struck down in 1977's Coker v. Georgia. Goldberg's mode of analysis, comparing the practices of other nations and states of the U.S., became a standard test used by the Court in evaluating Eighth Amendment claims. Holding The arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth Amendments, and constitutes cruel and unusual punishment. ... Holding The imposition of the death penalty does not, automatically, violate the Eighth and Fourteenth Amendment. ... This page meets Wikipedias criteria for speedy deletion. ...


During his tenure on the Supreme Court, one of his law clerks was future Associate Justice Stephen Breyer. Another was prominent criminal law professor Alan Dershowitz. Goldberg resigned from the Supreme Court to become the U.S. Ambassador to the U.N. In the United States and Canada, a law clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. ... Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. ... Alan Morton Dershowitz (born September 1, 1938) is a Jewish-American political figure and criminal law professor at Harvard Law School, known for his extensive published works, support for Zionism and Israel and work as an attorney in several high-profile law cases. ...


UN Ambassador

In 1965, Goldberg was persuaded by President Johnson to resign his seat on the court to replace the late Adlai Stevenson as the US Ambassador to the United Nations. Goldberg accepted only after much prodding by Johnson, in the hope of negotiating a settlement to the escalating conflict in Vietnam. In that post, Goldberg clashed with Johnson over the course of the Vietnam War. Adlai Ewing Stevenson II (February 5, 1900 – July 14, 1965) was an American politician, noted for intellectual demeanor and advocacy of liberal causes in the Democratic party. ... An ambassador, rarely embassador, is a diplomatic official accredited to a foreign sovereign or government, or to an international organization, to serve as the official representative of his or her own country. ... The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ... Combatants Republic of Vietnam United States Republic of Korea Thailand Australia New Zealand The Philippines National Front for the Liberation of South Vietnam Democratic Republic of Vietnam People’s Republic of China Democratic Peoples Republic of Korea Strength US 1,000,000 South Korea 300,000 Australia 48,000...


In 1967, Goldberg was a key draftee of Resolution 242, which followed the 1967 six-day-war between Israel and the Arab states. While interpretation of that resolution has subsequently become controversial, Goldberg was very clear that the resoltuion does not obligate Israel to withdraw from all of the captured territories. He stated that:

The notable omissions in language used to refer to withdrawal are the words the, all, and the June 5, 1967, lines. I refer to the English text of the resolution. The French and Soviet texts differ from the English in this respect, but the English text was voted on by the Security Council, and thus it is determinative. In other words, there is lacking a declaration requiring Israel to withdraw from the (or all the) territories occupied by it on and after June 5, 1967. Instead, the resolution stipulates withdrawal from occupied territories without defining the extent of withdrawal. And it can be inferred from the incorporation of the words secure and recognized boundaries that the territorial adjustments to be made by the parties in their peace settlements could encompass less than a complete withdrawal of Israeli forces from occupied territories [italics by Goldberg]. [1]

Subsequent career

Goldberg, frustrated with the war in Vietnam and longing to return to the bench, resigned from the ambassadorship in 1968.


Goldberg was mentioned as a potential nominee for Chief Justice when Earl Warren announced his retirement in 1968, but was passed over in favor of Abe Fortas (whose nomination for Chief Justice was eventually successfully filibustered). Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 20th Attorney General of California, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ... Abe Fortas (June 19, 1910–April 5, 1982) was a U.S. Supreme Court associate justice. ... As a form of obstructionism in a legislature or other decision making body, a filibuster is an attempt to extend debate upon a proposal in order to delay or completely prevent a vote on its passage. ...


In 1970, Goldberg ran for Governor of New York, but proved an underwhelming campaigner and was defeated decisively by incumbent Nelson Rockefeller. Subsequently, Goldberg returned to law practice in Washington, D.C., and served as President of the American Jewish Committee. Under President Jimmy Carter, Goldberg served as United States Ambassador to the Belgrade Conference on Human Rights in 1977, and was awarded the Presidential Medal of Freedom in 1978. State nickname: Empire State Other U.S. States Capital Albany Largest city New York Governor George Pataki Official languages None Area 141,205 km² (27th)  - Land 122,409 km²  - Water 18,795 km² (13. ... Nelson Aldrich Rockefeller (July 8, 1908 – January 26, 1979) was an American Vice President, governor of New York State, philanthropist and businessman. ... The stated Mission of the American Jewish Committee (AJC) is to safeguard the welfare and security of Jews in the United States, in Israel, and throughout the world; to strengthen the basic principles of pluralism around the world, as the best defense against anti-Semitism and other forms of bigotry... James Earl Jimmy Carter, Jr. ... The Presidential Medal of Freedom The Presidential Medal of Freedom is one of the two highest civilian awards in the United States and is bestowed by the President of the United States (the other major civilian award which is considered its equivalent is the Congressional Gold Medal of Honor, which...


Goldberg died in 1990. He is buried at Arlington National Cemetery. This article or section does not cite any references or sources. ...


1970 New York State Democratic ticket

Basil Paterson is a longtime political leader in New York and Harlem. ... Arthur Levitt, Sr. ... The United States Senate is the upper house of the U.S. Congress, smaller than the United States House of Representatives. ... Richard L. Ottinger (born January 27, 1929) is an American politician of the Democratic Party, a former member of the United States House of Representatives, and a legal educator. ...

External links

  • U.S. Department of Labor Biography; and David L. Stebenne, Arthur J. Goldberg: New Deal Liberal (Oxford University Press, 1996).
Preceded by
James P. Mitchell
United States Secretary of Labor
Served Under: John F. Kennedy

January 21, 1961September 20, 1962
Succeeded by
W. Willard Wirtz
Preceded by
Felix Frankfurter
Associate Justice of the Supreme Court of the United States
October 1, 1962July 25, 1965
Succeeded by
Abe Fortas
Preceded by
Adlai Stevenson
U.S. Ambassador to the U.N.
1965 – 1968
Succeeded by
George W. Ball
Preceded by
Frank O'Connor
Democratic Nominee for Governor of New York
1970
Succeeded by
Hugh Carey
The Warren Court Seal of the U.S. Supreme Court
1962–1965: H. Black | Wm. O. Douglas | T.C. Clark | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | A.J. Goldberg


 
 

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