The Judicial Philosophy of Justice RutledgeIn the first part of
this book Justice Rutledge states his faith in judicial and
governmental activism. He elaborates these principles in the second
part, "The Commerce Clause: A Chapter in Democratic Living," which
addresses changing judicial interpretations of the Constitutional
delegation of power to regulate commerce. He concludes that the
commerce clause's pre-eminence in the scheme of federation ensured
the adoption of theConstitution and preserved its success ever
since."He once said that before he could sign an opinion he not
only had to be satisfied that it was logically sound but must feel
intuitively that it was right. The same thought is found in the
early pages of his Declaration of Legal Faith. The easy way was not
the way of Wiley Rutledge. He abjured the merely supportable. The
basic tenet of his philosophy, I believe, was this: that law must
be the servant of the people, not their master. He has declared in
moving words his faith in a trinity-law conjoined with freedom and
justice. To the principle that law must serve the ends of freedom
and justice he dedicated his life."--Fred M. Vinson, Chief Justice,
United States Supreme Court 1946-1953, 25 Indiana Law Journal 421
1949-1950Wiley Blount Rutledge 1894-1949] was the last of Franklin
Roosevelt's appointments to the Supreme Court and a staunch
defender of the New Deal. He served as an Associate Justice to the
United States Supreme Court from 1943 until his death in 1949.
General
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