Felix Frankfurter was one of the most influential figures in American legal history, known for his sharp intellect, dedication to the Constitution, and service on the United States Supreme Court. A man of immigrant roots who rose to the highest levels of American jurisprudence, Frankfurter’s career spanned law, politics, and education. His legacy continues to influence the legal landscape today, particularly in the realm of judicial restraint and constitutional interpretation.
Early Life and Education
Felix Frankfurter was born on November 15, 1882, in Vienna, Austria-Hungary. His family immigrated to the United States when he was a young boy, settling in New York City’s Lower East Side. Despite humble beginnings, Frankfurter quickly demonstrated a passion for learning and a remarkable intellect. He attended City College of New York before transferring to Harvard Law School, where he graduated at the top of his class in 1906.
His early academic success laid the foundation for a lifelong association with Harvard. After completing his degree, Frankfurter briefly worked in private practice but was soon drawn into public service and academia, where he would leave a lasting impact.
Early Legal and Government Career
Felix Frankfurter’s early legal career was marked by a series of prestigious government appointments. He worked under Henry Stimson, then U.S. Attorney for the Southern District of New York, and later served as a law officer in the Bureau of Insular Affairs. In 1911, he became a law professor at Harvard Law School, a role that allowed him to shape the minds of future legal scholars and justices.
During World War I, Frankfurter was appointed as an assistant to Secretary of War Newton D. Baker and played a key role in organizing the War Department. He also participated in the Versailles Peace Conference as a legal advisor. This experience further established his reputation as an expert in both international and constitutional law.
Harvard Professor and Legal Advocate
Felix Frankfurter spent a significant portion of his career as a professor at Harvard Law School, where he gained renown for his teachings on administrative law and legal realism. Beyond the classroom, he was actively engaged in major political and legal debates of the time.
One of the most controversial aspects of his public life was his support for labor rights and progressive causes, including the defense of anarchists Sacco and Vanzetti, whose trial and execution drew international attention. Though criticized by some for his activism, Frankfurter remained committed to fairness and constitutional rights throughout his life.
Appointment to the Supreme Court
In 1939, President Franklin D. Roosevelt nominated Felix Frankfurter to the U.S. Supreme Court. The Senate confirmed him quickly, and he took his seat as an Associate Justice in January of that year. His appointment was seen as a continuation of Roosevelt’s efforts to shape a more progressive and pragmatic judiciary.
Frankfurter brought with him a philosophy of judicial restraint, emphasizing that courts should defer to the decisions of democratically elected legislatures whenever possible. This approach was rooted in his belief in the separation of powers and a cautious interpretation of constitutional provisions.
Judicial Philosophy and Major Decisions
Justice Felix Frankfurter was a strong advocate of judicial restraint, arguing that the judiciary should avoid interfering in matters best left to the legislative and executive branches. He often opposed the use of judicial power to advance social change, believing that reforms should be achieved through democratic processes.
Some of his notable opinions include:
- Minersville School District v. Gobitis (1940): Frankfurter wrote the majority opinion upholding a public school’s requirement for students to salute the flag, a decision later overturned inWest Virginia State Board of Education v. Barnette.
- Dennis v. United States (1951): He supported the conviction of Communist Party leaders under the Smith Act, arguing that government had the authority to act against perceived threats.
- Baker v. Carr (1962): Frankfurter dissented in this landmark case on legislative reapportionment, reiterating his belief that such political questions should not be resolved by the courts.
Though often in the minority during the later part of his career, Frankfurter’s opinions were influential in framing debates over constitutional interpretation and the proper role of the judiciary.
Criticism and Legacy
Felix Frankfurter’s insistence on judicial restraint often brought him into conflict with more activist justices who believed the Court should play a central role in advancing civil rights and liberties. Critics accused him of turning a blind eye to injustice in favor of legal formalism. Nonetheless, many scholars admire his principled approach and his emphasis on legal process and democratic governance.
He mentored several legal luminaries, and his writings continue to be studied in law schools across the country. Frankfurter’s work reflects a deep respect for American democratic institutions, even if that respect occasionally led him to uphold laws others found unjust.
Retirement and Death
Felix Frankfurter served on the Supreme Court until 1962, when he retired following a stroke. He was succeeded by Arthur Goldberg. After leaving the bench, Frankfurter remained active in legal circles and continued writing and mentoring young lawyers.
He died on February 22, 1965, in Washington, D.C., at the age of 82. His contributions to American law and his steadfast commitment to constitutional principles left a lasting mark on the judiciary.
Felix Frankfurter was more than just a Supreme Court justice he was a legal scholar, advisor, and mentor who shaped American jurisprudence through both his decisions and his teachings. His belief in judicial restraint, while controversial, was rooted in a profound respect for the democratic process. As debates over the proper role of the judiciary continue to this day, Frankfurter’s life and legacy offer valuable lessons about the balance between law and democracy.