Bernard Siegan
Encyclopedia
Bernard H. Siegan was a longtime law professor at the University of San Diego School of Law
, libertarian legal theorist and a former federal judicial nominee to the United States Court of Appeals for the Ninth Circuit
. The New York Times called Siegan's nomination "one of the most bitterly disputed judicial nominations of the Reagan Era
."
, Siegan attended Marshall High School in Chicago, and served in the army
during World War II
. Siegan earned a law degree from the University of Chicago Law School
in 1949.
, where he taught for more than thirty years, becoming Distinguished Professor of Law. There, he taught constitutional law, and on the interaction of economics and the law, hosting guest lectures from such figures as former Chief Justice of the U.S. Supreme Court Warren Burger, Supreme Court Justice Antonin Scalia
, former U.S. Attorney General Edwin Meese
, and Nobel Laureate James M. Buchanan
. A participant in numerous academic and professional conferences, in 1983, for example, he spoke at The Thomas Jefferson School, a conference of intellectuals discussing Objectivism (Ayn Rand)
organized by economist George Reisman
.
Professor Siegan served on the National Commission on the Bicentennial of the Constitution (along with figures such as Senator Ted Kennedy
), as a member of President Ronald Reagan
's Commission on Housing, and as a consultant to the U.S. Department of Justice, the Department of Housing and Urban Development, and the Federal Trade Commission
. He was also a member of the U.S. Advisory Team on Bulgarian Growth and Transition, authoring its recommendations for a proposed Bulgarian Constitution following the fall of the Iron Curtain
.
His many works include:
1. Land Use Without Zoning (1972)
2. Regulation, Economics and the Law (1976)
3. Other People's Property (1976)
4. Economic Liberties and the Constitution (1981)
5. "The Rise and Fall of Economic Due Process: When the Supreme Court Championed and then Curtailed Economic Freedom" (1983, original paper, International Institute for Economic Research)
6. The Supreme Court's Constitution: An Inquiry Into Judicial Review And Its Impact On Society (1987)
7. Drafting a Constitution for a Nation or Republic Emerging into Freedom (1994) (based on his work as a consultant to the Bulgarian government on the creation of a new constitution)
8. Property Rights: From Magna Carta to the14th Amendment (2001)
Siegan's work has been favorably cited by legal scholars such as Richard Epstein.
nominated Siegan, who was a close friend of then-Attorney General Edwin Meese
, to the United States Court of Appeals for the Ninth Circuit
to fill the seat vacated by Judge Warren J. Ferguson
, who had taken senior status
. Almost immediately, Siegan's nomination ran into opposition from liberals and even some conservatives because of his libertarian views on economic matters, and on property rights in particular. Siegan also had held the position that the U.S. Supreme Court had erred in major civil rights rulings. The nomination was followed by one of the longest delays by the U.S. Senate Judiciary Committee in addressing any judicial nomination in U.S. history up to that point. One of the loudest opponents to Siegan's nomination was Harvard Law School
Professor Lawrence Tribe, whose view toward Siegan softened years later.
Siegan had confirmation hearings before the United States Senate Judiciary Committee on November 5, 1987 and again on February 25, 1988, but his senatorial opponents were not satisfied by the answers that he gave. Although Reagan administration officials had told Siegan in early 1988 that he had no chance of being confirmed, Siegan refused to withdraw, preferring instead to proceed with a vote from the U.S. Senate Judiciary Committee. On July 14, 1988, Siegan's nomination was defeated by the United States Senate Judiciary Committee, which voted 8-6 not to report his nomination favorably (an almost unheard-of action), and deadlocked 7-7 on whether to forward the nomination to the full Senate without a recommendation. Siegan's nomination was formally withdrawn on September 16, 1988.
Reagan later nominated Ferdinand Francis Fernandez
to the seat, although he did so after the traditional start date of the Thurmond Rule
in a presidential election year, and Fernandez's nomination was not acted upon by senators before the 100th Congress adjourned. President George H. W. Bush
opted not to renominate Siegan to the seat either, instead renominating Ferdinand Francis Fernandez
to the seat in 1989. Fernandez was confirmed that same year.
of complications from that stroke.
University of San Diego School of Law
The University of San Diego School of Law, commonly referred to as USD Law, is a law school located on the campus of the University of San Diego in San Diego, California in the community of Linda Vista. Founded in 1954, the law school has held ABA approval since 1961...
, libertarian legal theorist and a former federal judicial nominee to the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
. The New York Times called Siegan's nomination "one of the most bitterly disputed judicial nominations of the Reagan Era
Reagan Era
The Reagan Era or Age of Reagan is a periodization of recent American history used by historians and political observers to emphasize that the conservative "Reagan Revolution" led by President Ronald Reagan in domestic and foreign policy had a permanent impact...
."
Early life and education
Born in ChicagoChicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
, Siegan attended Marshall High School in Chicago, and served in the army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. Siegan earned a law degree from the University of Chicago Law School
University of Chicago Law School
The University of Chicago Law School was founded in 1902 as the graduate school of law at the University of Chicago and is among the most prestigious and selective law schools in the world. The U.S. News & World Report currently ranks it fifth among U.S...
in 1949.
Professional and academic career
Siegan practiced law in Chicago from 1949 until 1973. In 1973, he became Professor of Law at the University of San Diego School of LawUniversity of San Diego School of Law
The University of San Diego School of Law, commonly referred to as USD Law, is a law school located on the campus of the University of San Diego in San Diego, California in the community of Linda Vista. Founded in 1954, the law school has held ABA approval since 1961...
, where he taught for more than thirty years, becoming Distinguished Professor of Law. There, he taught constitutional law, and on the interaction of economics and the law, hosting guest lectures from such figures as former Chief Justice of the U.S. Supreme Court Warren Burger, Supreme Court Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
, former U.S. Attorney General Edwin Meese
Edwin Meese
Edwin "Ed" Meese, III is an attorney, law professor, and author who served in official capacities within the Ronald Reagan Gubernatorial Administration , the Reagan Presidential Transition Team , and the Reagan White House , eventually rising to hold the position of the 75th Attorney General of...
, and Nobel Laureate James M. Buchanan
James M. Buchanan
James McGill Buchanan, Jr. is an American economist known for his work on public choice theory, for which he received the 1986 Nobel Memorial Prize in Economic Sciences. Buchanan's work initiated research on how politicians' self-interest and non-economic forces affect government economic policy...
. A participant in numerous academic and professional conferences, in 1983, for example, he spoke at The Thomas Jefferson School, a conference of intellectuals discussing Objectivism (Ayn Rand)
Objectivism (Ayn Rand)
Objectivism is a philosophy created by the Russian-American philosopher and novelist Ayn Rand . Objectivism holds that reality exists independent of consciousness, that human beings have direct contact with reality through sense perception, that one can attain objective knowledge from perception...
organized by economist George Reisman
George Reisman
George Gerald Reisman is Professor Emeritus of Economics at Pepperdine University and author of Capitalism: A Treatise on Economics . He is also the author of an earlier book, The Government Against the Economy , which was praised by F.A...
.
Professor Siegan served on the National Commission on the Bicentennial of the Constitution (along with figures such as Senator Ted Kennedy
Ted Kennedy
Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
), as a member of President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
's Commission on Housing, and as a consultant to the U.S. Department of Justice, the Department of Housing and Urban Development, and the Federal Trade Commission
Federal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
. He was also a member of the U.S. Advisory Team on Bulgarian Growth and Transition, authoring its recommendations for a proposed Bulgarian Constitution following the fall of the Iron Curtain
Iron Curtain
The concept of the Iron Curtain symbolized the ideological fighting and physical boundary dividing Europe into two separate areas from the end of World War II in 1945 until the end of the Cold War in 1989...
.
His many works include:
1. Land Use Without Zoning (1972)
2. Regulation, Economics and the Law (1976)
3. Other People's Property (1976)
4. Economic Liberties and the Constitution (1981)
5. "The Rise and Fall of Economic Due Process: When the Supreme Court Championed and then Curtailed Economic Freedom" (1983, original paper, International Institute for Economic Research)
6. The Supreme Court's Constitution: An Inquiry Into Judicial Review And Its Impact On Society (1987)
7. Drafting a Constitution for a Nation or Republic Emerging into Freedom (1994) (based on his work as a consultant to the Bulgarian government on the creation of a new constitution)
8. Property Rights: From Magna Carta to the14th Amendment (2001)
Siegan's work has been favorably cited by legal scholars such as Richard Epstein.
Nomination to the Ninth Circuit
On February 2, 1987, President Ronald ReaganRonald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
nominated Siegan, who was a close friend of then-Attorney General Edwin Meese
Edwin Meese
Edwin "Ed" Meese, III is an attorney, law professor, and author who served in official capacities within the Ronald Reagan Gubernatorial Administration , the Reagan Presidential Transition Team , and the Reagan White House , eventually rising to hold the position of the 75th Attorney General of...
, to the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
to fill the seat vacated by Judge Warren J. Ferguson
Warren J. Ferguson
Warren John Ferguson was an American jurist who served on the United States Court of Appeals for the Ninth Circuit.-Career:...
, who had taken senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
. Almost immediately, Siegan's nomination ran into opposition from liberals and even some conservatives because of his libertarian views on economic matters, and on property rights in particular. Siegan also had held the position that the U.S. Supreme Court had erred in major civil rights rulings. The nomination was followed by one of the longest delays by the U.S. Senate Judiciary Committee in addressing any judicial nomination in U.S. history up to that point. One of the loudest opponents to Siegan's nomination was Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
Professor Lawrence Tribe, whose view toward Siegan softened years later.
Siegan had confirmation hearings before the United States Senate Judiciary Committee on November 5, 1987 and again on February 25, 1988, but his senatorial opponents were not satisfied by the answers that he gave. Although Reagan administration officials had told Siegan in early 1988 that he had no chance of being confirmed, Siegan refused to withdraw, preferring instead to proceed with a vote from the U.S. Senate Judiciary Committee. On July 14, 1988, Siegan's nomination was defeated by the United States Senate Judiciary Committee, which voted 8-6 not to report his nomination favorably (an almost unheard-of action), and deadlocked 7-7 on whether to forward the nomination to the full Senate without a recommendation. Siegan's nomination was formally withdrawn on September 16, 1988.
Reagan later nominated Ferdinand Francis Fernandez
Ferdinand Francis Fernandez
Ferdinand Francis Fernandez is a United States federal judge.Born in Pasadena, California, Fernandez received a B.S. from the University of Southern California in 1958, a J.D. from the University of Southern California Law School in 1962, and an LL.M. from Harvard Law School in 1963. He was a law...
to the seat, although he did so after the traditional start date of the Thurmond Rule
Thurmond Rule
The Thurmond Rule is an informal and somewhat amorphous rule of thumb in the United States Senate. While it originated with former Senator Strom Thurmond's opposition to President Lyndon Johnson's nomination of Justice Abe Fortas to be Chief Justice of the Supreme Court in June of 1968, its...
in a presidential election year, and Fernandez's nomination was not acted upon by senators before the 100th Congress adjourned. President George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
opted not to renominate Siegan to the seat either, instead renominating Ferdinand Francis Fernandez
Ferdinand Francis Fernandez
Ferdinand Francis Fernandez is a United States federal judge.Born in Pasadena, California, Fernandez received a B.S. from the University of Southern California in 1958, a J.D. from the University of Southern California Law School in 1962, and an LL.M. from Harvard Law School in 1963. He was a law...
to the seat in 1989. Fernandez was confirmed that same year.
Death
Siegan suffered a stroke in 2005 and died on March 27, 2006 in Encinitas, CaliforniaEncinitas, California
Encinitas is a coastal beach city in San Diego County, California. Located within Southern California, it is approximately north of San Diego in North County and about south of Los Angeles. As of the 2010 census, the city had a population of 59,518, up from 58,014 at the 2000 census. Encinitas is...
of complications from that stroke.