Joseph Philo Bradley (March 14, 1813 – January 22, 1892), was an American jurist, best known for his service on the United States Supreme Court, and on the Electoral Commission that decided the disputed 1876 presidential election. Image File history File links 19th century photograph of Joseph Philo Bradley File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Image File history File links 19th century photograph of Joseph Philo Bradley File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... March 14 is the 73rd day of the year in the Gregorian Calendar (74th in Leap years) with 292 days remaining in the year. ... 1813 is a common year starting on Friday (link will take you to calendar). ... January 22 is the 22nd day of the year in the Gregorian Calendar. ... 1892 was a leap year starting on Friday (see link for calendar). ... A jurist is a professional who studies, develops, applies or otherwise deals with the law. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Presidential electoral votes by state. ...

Early life

Bradley was born to humble beginnings in New York, and attended local schools. He began teaching at the age of 16, but was admitted to Rutgers University on the strength of his own studies, graduating from there in 1836. After graduation he was made Principal of the Millstone Academy. 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. ... Rutgers University Rutgers, The State University of New Jersey, is located in New Brunswick, Piscataway, Camden and Newark, New Jersey. ... 1836 was a leap year starting on Friday (see link for calendar). ...

Not long afterward, he was persuaded by his Rutgers classmate Frederick T. Frelinghuysen to join him in Newark and pursue legal studies at the Office of the Collector of the Port of Newark. He was admitted to the bar in 1839. Frederick Theodore Frelinghuysen (August 4, 1817–May 20, 1885) was a member of the United States Senate from New Jersey and a United States Secretary of State. ... Newark (), nicknamed The Brick City, is the largest city in New Jersey and the county seat of urban Essex County. ... A bar association is a body of lawyers who, in some jurisdictions, are responsible for the regulation of the legal profession. ...

Bradley began in private practice in New Jersey, specializing in patent and railroad law, and he became very prominent in these fields and quite wealthy. Bradley remained dedicated to self study throughout his life and collected an extensive library. He also married in Newark, in 1844. State nickname: The Garden State Other U.S. States Capital Trenton Largest city Newark Governor Richard Codey (acting) Official languages None defined Area 22,608 km² (47th)  - Land 19,231 km²  - Water 3,378 km² (14. ... 1844 was a leap year starting on Monday (see link for calendar). ...

Appointment to the Supreme Court

Bradley had occasion as a commercial lawyer to argue numerous cases before various national courts, earning him a wider reputation than he might otherwise have had. Thus in 1870 when a vacancy opened up on the Supreme Court, he was sufficiently well known by associates of President Grant to be recommended to him. He was nominated and confirmed by the Senate, taking his seat on the court on March 21, 1870. On moving to Washington, Bradley purchased the home that had previously belonged to Stephen A. Douglas. 1870 was a common year starting on Saturday (see link for calendar). ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Ulysses S. Grant (April 27, 1822 – July 23, 1885) was a Union general in the American Civil War and the 18th (1869–1877) President of the United States. ... Seal of the Senate The United States Senate is one of the two houses of the Congress of the United States, the other being the House of Representatives. ... March 21 is the 80th day of the year in the Gregorian Calendar (81st in leap years). ... 1870 was a common year starting on Saturday (see link for calendar). ... Stephen Arnold Douglas (April 23, 1813–June 3, 1861), American politician from Illinois, was one of the Democratic Party nominees for President in 1860 (the other being John C. Breckinridge of Kentucky). ...

Bradley remained on the bench until 1891, when he became greatly weakened by disease (possibly consumption). He took his seat on the bench in October of that year, but was forced to retire a few weeks later by failing health. He died a few months later. 1891 was a common year starting on Thursday (see link for calendar). ... Tuberculous lungs show up on an X-ray image Tuberculosis is an infection with the bacterium Mycobacterium tuberculosis, which most commonly affects the lungs (pulmonary TB) but can also affect the central nervous system (meningitis), lymphatic system, circulatory system (miliary TB), genitourinary system, bones and joints. ... October is the tenth month of the year in the Gregorian Calendar and one of seven Gregorian months with the length of 31 days. ...

Supreme Court Jurisprudence

Bradley took a very broad view of the national government's powers under the Commerce Clause and, but interpreted the Fourteenth Amendment rather narrowly, as did much of the rest of the court. He sided with the majority in the Slaughterhouse Cases, as well as the Civil Rights Cases of 1883, both of which limited the rights of Blacks against private discrimination. Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, empowers the United States Congress To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. ... Amendment XIV (the Fourteenth Amendment) of the United States Constitution is one of the post-Civil War amendments and includes the due process and equal protection clauses (Section 1). ... John A. Campbell, attorney for the butchers The Slaughter-House Cases, 83 U.S. 36 (1872) represented a block appeal to the United States Supreme Court testing the relatively new Fourteenth Amendment to the Constitution. ... The Civil Rights Cases, 109 U.S. 3 (1883) was an important United States Supreme Court decision that held that Congress lacked the constitutional authority under the enforcement provisions of the Fourteenth Amendment to outlaw racial discrimination by private individuals and organizations, rather than state and local governments. ... 1883 was a common year starting on Monday (see link for calendar). ...

Bradley dissented in Chicago, Milwaukee & St. Paul Railroad v. Minnesota, which though not racially motivated was another due process case arising from the Fourteenth Amendment. In his dissent, Bradley argued that the majority had in siding with the railroad created a situation where the reasonableness of an act of a state legislature was a judicial question, subjugating the legislature to the will of the judiciary. Bradley's opinion in this case is echoed in modern arguments regarding judicial activism. Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... Amendment XIV (the Fourteenth Amendment) of the United States Constitution is one of the post-Civil War amendments and includes the due process and equal protection clauses (Section 1). ... The phrases judicial activism and activist judges in the United States, Australia, Canada and other countries with common law systems, are political epithets refering to judges who allegedly exceed their jurisdiction. ...

Bradley also wrote the notable 1890 opinion in Hans v. Louisiana, holding that a state could not be sued in a federal court by one of its own citizens. 1890 was a common year starting on Wednesday (see link for calendar). ... Holding --- Court membership Case opinions Laws applied --- Hans v. ... The term federal court, when used by itself, can refer to: Any court of the national government in another country that has a federal system such as that of the United States or Mexico In some countries, a particular court, for example, the Federal Court of Canada. ...

1876 Electoral Commission controversy

Though he was considered an intelligent and forceful judge, Bradley is best remembered as being the 15th and final member of the Electoral Commission that decided the disputed 1876 presidential election between Republican Rutherford B. Hayes and Democrat Samuel J. Tilden. Presidential electoral votes by state. ... The Republican Party, often called the GOP (for Grand Old Party, although one early citation described it as the Gallant Old Party) [1], is one of the two major political parties in the United States. ... Rutherford Birchard Hayes (October 4, 1822 – January 17, 1893) was the 19th (1877 – 1881) President of the United States. ... The Democratic Party is one of the two major United States political parties. ... Samuel Jones Tilden (February 9, 1814 - August 4, 1886) was the Democratic candidate for the US presidency in the disputed election of 1876, the most controversial American election of the 19th century. ...

A Republican since the early days of the party, Bradley was not an obvious first choice. The four justices charged with selecting the fifth and final justice (who, all realized, would be the deciding vote on the commission as all 14 other members were strictly partisan) initially chose justice David Davis for the job, but as Davis had just been elected to the United States Senate he was unable to join. The justices then settled on Bradley. The reasons for this are not entirely clear, though it is evident that Bradley was thought by his colleagues to be the most politically neutral; the court overall at that time had more Republicans than Democrats, however. David Davis The Right Honourable David Davis (born December 23, 1948) is a British politician, Conservative MP for Haltemprice and Howden and Shadow Home Secretary. ... Seal of the Senate The United States Senate is one of the two houses of the Congress of the United States, the other being the House of Representatives. ...

Bradley wrote a number of opinions on the electoral commission and justified his votes to his own satisfaction; he sided with the Republicans on every case. Because of this he was vilified in the press and privately as well, even receiving a number of death threats at his home in Washington.

In order to become a Justice on the Supreme Court of the United States, an individual must be nominated by the President of the United States and approved by the U.S. Senate, with at least half of that body approving in the affirmative. ... March 23 is the 82nd day of the year in the Gregorian Calendar (83rd in Leap years). ... 1870 was a common year starting on Saturday (see link for calendar). ... January 22 is the 22nd day of the year in the Gregorian Calendar. ... 1892 was a leap year starting on Friday (see link for calendar). ... Categories: People stubs | U.S. Supreme Court justices | American lawyers | 1832 births | 1924 deaths ...

References

• Data drawn in part from the Supreme Court Historical Society and Oyez.