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Encyclopedia > William J. Brennan
William J. Brennan, official portrait, 1976.
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William J. Brennan, official portrait, 1976.

William Joseph Brennan (April 25, 1906July 24, 1997) was an Associate Justice of the Supreme Court of the United States. He believed in the "essential dignity and worth of each individual," his words from a 1987 speech. Image File history File links Download high resolution version (1040x1502, 106 KB) Description Official portrait of Justice William J. Brennan, taken in early 1976. ... Image File history File links Download high resolution version (1040x1502, 106 KB) Description Official portrait of Justice William J. Brennan, taken in early 1976. ... April 25 is the 115th day of the year in the Gregorian Calendar (116th in leap years). ... 1906 was a common year starting on Monday (see link for calendar). ... July 24 is the 205th day (206th in leap years) of the year in the Gregorian Calendar, with 160 days remaining. ... 1997 (MCMXCVII) is a common year starting on Wednesday of the Gregorian calendar. ... Associate Justices of the United States Supreme Court are the members of that court other than the Chief Justice. ... Seal of the Supreme Court The Supreme Court of the United States is the highest court in the United States of America. ...

Contents


Early life

Brennan was the second of eight children. His parents, William Brennan and Agnes (McDermott) were Irish immigrants. They met in the United States, although both were originally from County Roscommon in Ireland. His father had little education; he worked as a metal polisher. However, he rose to a position of leadership, serving as the Commissioner of Public Safety for the city of Newark from 1917 to 1930. County Roscommon (Ros Comáin in Irish) is a county located in central Ireland. ... Newark, nicknamed The Brick City, is the largest city in New Jersey and the county seat of urban Essex County. ... 1917 was a common year starting on Monday of the Gregorian calendar (see link for calendar) or a common year starting on Tuesday of the Julian calendar. ... 1930 (MCMXXX) is a common year starting on Wednesday. ...


Brennan attended public shools in Newark, New Jersey, graduating from Barringer High School. He then attended the University of Pennsylvania, where he graduated with a degree in Economics in 1928. While at the University, he was a member of Delta Tau Delta Fraternity. Newark, nicknamed The Brick City, is the largest city in New Jersey and the county seat of urban Essex County. ... State nickname: The Garden State Other U.S. States Capital Trenton Largest city Newark Governor Richard Codey (D) Acting, Outgoing Jon Corzine (D) (Governor-Elect) Senators Jon Corzine (D) (Outgoing) Frank Lautenberg (D) Official language(s) None defined Area 22,608 km² (47th)  - Land 19,231 km²  - Water 3,378... The University of Pennsylvania (commonly referred to as Penn or UPenn, although the former is the preferred and recognized nickname of the University) is a private, nonsectarian, research university located in Philadelphia, Pennsylvania. ... U.S. Economic Calendar Economics at the Open Directory Project Economics textbooks on Wikibooks The Economists Economics A-Z Institutions and organizations Bureau of Labor Statistics - from the American Labor Department Center for Economic and Policy Research (USA) National Bureau of Economic Research (USA) - Economics material from the organization... Delta Tau Delta (ΔΤΔ, DTD, Delts) is a U.S.-based international college fraternity. ...


Brennan married Marjorie Leonard, whom he had met in high school, when he was 21. They eventually had three children: William, Nancy and Hugh.


Brennan completed his law degree at Harvard in 1931 and entered private practice in his home state of New Jersey. He practiced labor law. Harvard, see Harvard (disambiguation) Harvard University is a private university in Cambridge, Massachusetts, USA and a member of the Ivy League. ... State nickname: The Garden State Other U.S. States Capital Trenton Largest city Newark Governor Richard Codey (D) Acting, Outgoing Jon Corzine (D) (Governor-Elect) Senators Jon Corzine (D) (Outgoing) Frank Lautenberg (D) Official language(s) None defined Area 22,608 km² (47th)  - Land 19,231 km²  - Water 3,378... Labor law or labour law is the body of laws, administrative rulings, and precedents which address the relationship between and among employers, employees, and labor organizations, often dealing with issues of public law. ...


He entered the Army as a Major in March 1942, and left as a Colonel in 1945. He did legal work for the ordnance division. In 1949, Brennan was appointed to the Superior Court (a Trial court) by New Jersey Governor Alfred E. Driscoll. In 1951, Driscoll appointed him to the New Jersey Supreme Court. US Army Seal HHC, US Army Distinctive Unit Insignia The Army is the branch of the United States armed forces which has primary responsibility for land-based military operations. ... Major is the name most commonly given to the military rank equivalent to NATO rank code OF-3. ... It has been suggested that polkovnik be merged into this article or section. ... 1949 is a common year starting on Saturday. ... A trial court or court of first instance is the court in which most civil or criminal cases begin. ... State nickname: The Garden State Other U.S. States Capital Trenton Largest city Newark Governor Richard Codey (D) Acting, Outgoing Jon Corzine (D) (Governor-Elect) Senators Jon Corzine (D) (Outgoing) Frank Lautenberg (D) Official language(s) None defined Area 22,608 km² (47th)  - Land 19,231 km²  - Water 3,378... A governor is also a device that regulates the speed of a machine. ... Alfred Eastlack Driscoll (October 25, 1902–March 9, 1975) of Haddonfield, New Jersey, was a state senator (1939-1941) representing Camden County, Governor of New Jersey, and president of Warner-Lambert (now a part of Pfizer). ... 1951 (MCMLI) was a common year starting on Monday; see its calendar. ... The New Jersey Supreme Court is the highest court in the State. ...


Supreme Court

Brennan was named to the U.S. Supreme Court through a recess appointment by Dwight Eisenhower in 1956, shortly before the 1956 presidential election. Presidential advisers thought the appointment of a Catholic Democrat from the northeast would woo critical voters in the upcoming election for Eisenhower, a Republican. He was confirmed by the United States Senate with only Senator Joseph McCarthy dissenting. He filled the seat vacated by Justice Sherman Minton. He held the post until his retirement on July 20, 1990 for health reasons; he was succeeded on the Court by Justice David Souter. Brennan then taught at Georgetown University Law Center until 1994. With 1,360 opinions, he is second only to William O. Douglas in number of opinions written while a Supreme Court justice. A recess appointment occurs when the President of the United States fills a vacant Federal position during a recess of the United States Senate. ... Dwight David Ike Eisenhower (October 14, 1890–March 28, 1969), American soldier and politician, was the 34th President of the United States (1953–1961) and supreme commander of the Allied forces in Europe during World War II, with the rank of General of the Army. ... 1956 (MCMLVI) was a leap year starting on Sunday of the Gregorian calendar. ... Presidential electoral votes by state. ... The Democratic Party is one of the two major political parties in the United States. ... Seal of the Senate The United States Senate is one of the two chambers of the Congress of the United States, the other being the House of Representatives. ... Joseph Raymond McCarthy Joseph Raymond McCarthy (November 14, 1908 – May 2, 1957) was an American politician originally aligned with the United States Democratic Party and later with the United States Republican Party. ... Sherman Minton Sherman Minton, (October 20, 1890–April 9, 1965) was a United States Senator and an associate Justice of the Supreme Court of the United States. ... July 20 is the 201st day (202nd in leap years) of the year in the Gregorian Calendar, with 164 days remaining. ... For the Temptations album, see 1990 (Temptations album) MCMXC redirects here; for the Enigma album, see MCMXC a. ... Justice David Souter Justice David Hackett Souter (born September 17, 1939) has been an Associate Justice of the US Supreme Court since 1990. ... The schools original sign, preserved on the north quad of the present-day campus. ... 1994 (MCMXCIV) was a common year starting on Saturday of the Gregorian calendar, and was designated the International year of the Family. ... Douglas William Orville Douglas (October 16, 1898 - January 19, 1980) was a United States Supreme Court Associate Justice. ...


Warren Court

An outspoken liberal throughout his career, he played a leading role in the Warren Court's dramatic expansion of individual rights. Brennan played a large behind-the-scenes role during the Warren Court, coaxing more conservative colleagues to join the Court's expansion of individual rights. Brennan's opinions with respect to voting (Baker v. Carr), criminal proceedings (Malloy v. Hogan), the free speech and establishment clauses of the First Amendment (Roth v. United States), and civil rights (Green v. New Kent County) were some of the most important opinions of the Warren Era. Brennan's role in expanding individual speech rights under the First Amendment is particuarly notable, as he wrote the opinion of the court in 1964's New York Times v. Sullivan, which created constitutional restrictions on the law of libel. It was Brennan who coined the phrase "chilling effect", in 1965's Dombrowski v. Pfister. Earl Warren Earl Warren (March 19, 1891–July 9, 1974) was a California district attorney, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ... Holding ... Court membership Case opinions Laws applied ... Baker v. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... Roth v. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... Holding The First Amendment, as applied through the Fourteenth, protected a newspaper from being sued for libel in state court for making false defamatory statements about the official conduct of a public official, because the statements were not made with knowing or reckless disregard for the truth. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ...


Burger and Rehnquist Court

On the more moderate Burger Court, Brennan was a staunch opponent of the death penalty, and a supporter of abortion rights, and joined the majority in landmark rulings on both issues (1972's Furman v. Georgia on the death penalty and 1973's Roe v. Wade on abortion). With the accession of William Rehnquist to the position of Chief Justice, and the replacement of Warren Burger and Lewis Powell with Antonin Scalia and Anthony Kennedy, respectively, Brennan found himself more frequently isolated, often joined in his opinions only by Thurgood Marshall. Brennan declared in Furman that he believed the death penalty violated the Eighth Amendment's prohibition on "cruel and unusual" punishment, and for his remaining years on the bench he and Marshall dissented from every case upholding the imposition of the death penalty. He was able to convince no other justice of this view, though Justice Harry Blackmun would eventually agree in 1994-- after Brennan's retirement. Warren Burger at a press conference in May 1969 shortly after he was nominated to be Chief Justice of the United States. ... Capital punishment, also referred to as the death penalty, is the judicially ordered execution of a prisoner as a punishment for a serious crime, often called a capital offense or a capital crime. ... Holding The arbitrary and inconsistant imposition of the death penalty violates the Eighth and Fourteenth Amendment, and constitutes cruel and unusual punishment. ... Holding Texas laws criminalizing abortion violated womens Fourteenth Amendment right to choose whether to continue a pregnancy. ... William Hubbs Rehnquist William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist and political figure, who served as an Associate Justice on the Supreme Court of the United States from 1972 until 1986 and as the 16th Chief Justice from 1986 until his death in... Warren Burger at a press conference in May 1969 shortly after he was nominated to be Chief Justice of the United States. ... Notable people with the name Lewis Powell include: Lewis Powell, one of the conspirators hanged for the assassination of United States President Abraham Lincoln. ... Justice Antonin Scalia Justice Antonin Scalia (born March 11, 1936) (Sometimes known by the nickname Nino) has been a U.S. Supreme Court Associate Justice since 1986. ... Justice Anthony Kennedy For other people of the same name, see Anthony Kennedy (disambiguation). ... Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American jurist and the first African American to serve on the United States Supreme Court. ... Justice Harry Blackmun Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ...


Brennan's wife Marjorie died in 1982. A few months later, in 1983, he married Mary Fowler, who had served as his secretary for 26 years. He was 79 years old. Brennan's colleagues learned of his second marriage via a short office memo stating, "Mary Fowler and I were married yesterday and we have gone to Bermuda."


Judicial philosophy

Brennan's conservative detractors, while acknowleding his legal acumen, thought him the embodiment of the worst features of judicial activism. Brennan's general strategy on cases was to acknowledge the validity of the governmental interest justifying the given law, but to find the law in question not narrowly tailored to achieve that interest. Thus, Brennan generally shied away from the absolutist positions of Justices Hugo Black and William O. Douglas, though he agreed with many of the results they would reach in cases involving individual rights. For more, see Bradley C. S. Watson, "The Jurisprudence of William Joseph Brennan, Jr., and Thurgood Marshall" in History of American Political Thought. This article needs a complete rewrite for the reasons listed on the talk page. ... Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ... Douglas William Orville Douglas (October 16, 1898 - January 19, 1980) was a United States Supreme Court Associate Justice. ...

Preceded by:
Sherman Minton
Associate Justice of the Supreme Court of the United States
October 16, 1956July 20, 1990
Succeeded by:
David Souter
The Warren Court Seal of the U.S. Supreme Court
19561957: H. Black | S.F. Reed | F. Frankfurter | Wm. O. Douglas | H.H. Burton | T.C. Clark | J.M. Harlan II | Wm. J. Brennan
19571958: H. Black | F. Frankfurter | Wm. O. Douglas | H.H. Burton | T.C. Clark | J.M. Harlan II | Wm. J. Brennan | C.E. Whittaker
19581962: H. Black | F. Frankfurter | Wm. O. Douglas | T.C. Clark | J.M. Harlan II | Wm. J. Brennan | C.E. Whittaker | P. Stewart
19621965: H. Black | Wm. O. Douglas | T.C. Clark | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | A.J. Goldberg
19651967: H. Black | Wm. O. Douglas | T.C. Clark | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | A. Fortas
19671969: H. Black | Wm. O. Douglas | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | A. Fortas | T. Marshall
The Burger Court
1969: H. Black | Wm. O. Douglas | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | A. Fortas | T. Marshall
19701971: H. Black | Wm. O. Douglas | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun
19721975: Wm. O. Douglas | Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | Wm. Rehnquist
19751981: Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | Wm. Rehnquist | J.P. Stevens
19811986: Wm. J. Brennan | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | Wm. Rehnquist | J.P. Stevens | S.D. O'Connor
The Rehnquist Court
19861987: Wm. J. Brennan | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | J.P. Stevens | S.D. O'Connor | A. Scalia
19881990: Wm. J. Brennan | B. White | T. Marshall | H. Blackmun | J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy

  Results from FactBites:
 
William J. Brennan - Wikipedia, the free encyclopedia (840 words)
William Joseph Brennan (April 25, 1906 – July 24, 1997) was an Associate Justice of the Supreme Court of the United States.
Brennan declared in Furman that he believed the death penalty violated the Eighth Amendment's prohibition on "cruel and unusual" punishment, and for his remaining years on the bench he and Marshall dissented from every case upholding the imposition of the death penalty.
Brennan's general strategy on cases was to acknowledge the validity of the governmental interest justifying the given law, but to find the law in question not narrowly tailored to achieve that interest.
William Brennan (1053 words)
William J. Brennan, Jr., was born on April 25, 1906 in Newark, New Jersey.
Brennan was nominated to the Court by President Dwight D. Eisenhower on September 30, 1956, shortly before the 1956 presidential election.
Brennan's view of constitutional interpretation led Republicans to look to originalists (that is, those who believed the Court was to apply the Constitution as it was originally intended to apply) to appoint to the Supreme Court, including Justice Antonin Scalia.
  More results at FactBites »


 

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