John Hessin Clarke
Encyclopedia
John Hessin Clarke was an American
lawyer and judge who served as an Associate Justice
of the United States Supreme Court from 1916 to 1922.
, Ohio, Clarke was the third child and only son of John Clarke, a lawyer and judge, and his wife Melissa Hessin. He attended New Lisbon High School
and Western Reserve College
, from which he graduated Phi Beta Kappa in 1877. Clarke did not attend law school but studied the law under his father's direction
and passed the bar exam cum laude in 1878.
After practicing law in New Lisbon for two years, Clarke moved to Youngstown
, where he purchased a half-share in the Youngstown Vindicator
. The Vindicator was a Democratic newspaper and Clarke, a reform-minded Bourbon Democrat
, wrote several articles opposing the growing power of corporate monopolies and promoting such causes as civil-service reform
. He also became involved in local party politics and civic causes. His efforts to prevent Calvin S. Brice
's renomination as the party's candidate for the United States Senate
in 1894 ended in failure, but he worked successfully to oppose the election of a Republican candidate for mayor of Youngstown who was a member of the American Protective Association
. A "gold bug
" in 1896, Clarke's opposition to William Jennings Bryan
's nomination as the Democratic Party's presidential candidate was so great that he bolted the party and participated in the subsequent "Gold Bug" convention
in Indianapolis that nominated Senator John M. Palmer
later that year.
, where he became a partner in the law firm of Williamson and Cushing. The firm represented corporate and railroad interests, and Clarke soon demonstrated his worth, replacing senior partner Samuel W. Williamson as the general counsel for the New York, Chicago and St. Louis Railroad
. Yet Clarke continued his involvement in the Democratic Party. His politics evolved during this period, as Clarke abandoned many of the political views of his youth, including those involving states' rights
, and embraced instead the program of the emerging progressive movement
. Clarke's political evolution during this period was facilitated considerably by his friendship with Cleveland mayor Tom L. Johnson
, who helped restore Clarke's standing within the state party after Clarke's previous failure to support Bryan's presidential bid.
In 1903, Johnson succeeded in taking control of the state Democratic Party, an effort which Clarke supported. At the party's convention that August, Clarke was nominated as the Democratic candidate for the United States Senate. Though an accomplished orator, Clarke's work as a railroad attorney, his opposition to Bryan's presidential candidacy seven years before, and his own personal limitations all contributed to his failure to upset his Republican rival, Mark Hanna
, who won the balloting in the Ohio General Assembly
by 115 votes to 25 for Clarke.
In the aftermath of his defeat, Clarke reduced his participation in party politics, focusing instead on his legal work for a time. Yet Clarke was soon back in the political arena, withdrawing from the partnership with Williamson and Cushing in 1907. His relationship with Johnson suffered after Clarke supported the successful candidacy of conservative Democrat Judson Harmon
for governor in 1908; in response, when nominating a candidate for the United States Senate race in 1910 Johnson passed over Clarke in favor of Atlee Pomerene
, the eventual winner. Clarke's support for the incorporation of progressive reforms into the Ohio Constitution
in 1911, however, helped to restore his standing among Ohio progressives. Clarke attempted to parlay this into a second run for a United States Senate seat early in 1914, but he faced opposition in the primary from Ohio Attorney General
Timothy S. Hogan
and by the spring appeared to be in danger of losing the race.
Woodrow Wilson
to fill a vacancy on the U.S. District Court for the Northern District of Ohio created by the resignation of William Louis Day
. Clarke was the choice of both Woodrow Wilson and Attorney General
James Clark McReynolds
, who felt that the position required a "first rate appointment" to deal with the backlog in the court's docket, and that Clarke's high standing before the Ohio bar marked him out as a man of "decided ability". Wilson also wanted a candidate who could be groomed as a prospective Supreme Court nominee, given the relative dearth of Democratic prospects on the federal bench after sixteen years of Republican presidents.
Clarke soon vindicated their hopes in him, establishing himself as an effective judge. Though considered too formal and aloof by the attorneys before him, he cleaned up the backlogged docket and won their respect for his ability. His work was of the highest quality, with only five of the 662 suits tried before him reversed, and none of these for errors in the admission of evidence. Clarke himself enjoyed his time at the district level, finding his duties not too onerous and the variety of cases before him stimulating.
resigned to accept the Republican nomination for President
. Wilson wanted to fill the seat by appointing his Attorney General, Thomas W. Gregory
, but Gregory demurred and suggested Clarke instead. After having Newton Baker
(Wilson's Secretary of War and a close friend of Clarke's) speak with Clarke to confirm his opposition to trusts, Wilson offered Clarke the nomination. Though Clarke was reluctant to abandon trial for appellate work, he felt he could not pass on such an honor and accepted. Wilson sent his name to the Senate on July 14 and Clarke was confirmed unanimously ten days later.
Clarke's years on the court were unhappy ones. Having enjoyed the autonomy of a trial court judge, he chafed at the routine of the Supreme Court, hating the arguments, the extended conferences, and the need to accommodate other justices's views when writing opinions. While he enjoyed good relations with the other justices (and developed close friendships with William R. Day
and Willis Van Devanter
), he had an unpleasant relationship with Justice James Clark McReynolds
, one that subsequently contributed to his decision to leave the Court. Such was McReynolds's animosity towards Clarke that when Clarke resigned McReynolds refused to sign the official letter of regret over his departure.
Philosophically, Clarke demonstrated an affinity for legal realism
in his opinions. He often voted with Oliver Wendell Holmes, Jr.
and Louis Brandeis
, usually in dissent from the conservative majority dominant on the Court at that time, though Holmes's famous dissent from the Abrams v. United States
decision was in response to Clarke's majority opinion. As a Progressive, he supported the power of both national and state authorities to regulate the economy, particularly with regards to regulating child labor
. His dissents on two cases, Hammer v. Dagenhart
and Bailey v. Drexel Furniture Company
supported Congress's authority under the Commerce Clause
(in the Hammer case) and the Taxing and Spending Clause
(in the Bailey case) to address what Progressives saw as a major social problem. He also demonstrated his opposition to monopoly in United States v. Reading Company
, in a ruling that became a prominent part of anti-trust law
.
announcing his intention to resign from the Court. His decision was motivated by a number of factors. Apart from his dissatisfaction with his work as a justice and his ongoing difficulties with McReynolds, Clarke had recently suffered the loss of his sisters Ida and Alice. Moreover, having witnessed the physical decline of Chief Justice Edward Douglass White
, he wished to avoid a similar deterioration while on the bench. Clarke would have few regrets about his decision, and informed his successor, George Sutherland
, that the latter was embarking on "a dog's life"
. At the time, prospects for League entry were at a low ebb, its proponents having suffered the dual setback of the Senate's rejection of the Versailles Treaty and the election of the anti-League Republican Warren G. Harding as president in 1920
. Clarke's public pronouncements gave their cause a new life, and in October 1922 he became the president of a new organization, the League of Nations Non-Partisan Association. Modeled after the British League of Nations Union
, the Association's mission was to awaken the underlying support for joining the League that its founders believed existed within the United States and mobilize it to overcome the opposition to League participation. Through it, Clarke quickly emerged as Wilson's successor in the campaign for League membership.
Though Clarke committed himself to the cause with a series of speaking tours, he soon faced a number of challenges. Expenditures quickly outpaced the Association's funding, with limited resources squandered on building up an extensive organization. Though Clarke organized a restructuring in June 1923, a far greater problem lay in his underestimation of the task he faced. Contrary to Clarke's expectations, there was no latent undercurrent of support for joining the League, only skepticism and hostility to the idea. Addressing this required a far different level of commitment than Clarke expected to make, forcing him and the rest of the Association leadership to scale back on their goals. Focusing on the issue of entry into the World Court
, Clarke continued to campaign for American involvement in international organizations and agreements for the remainder of the decade.
and frustration with the failures of the Association led him to resign from the Association's presidency. In retirement Clarke remained vigorous and active with a regimen of reading and travel. He also continued to participate in public service, becoming a trustee of Western Reserve University. In 1932, he backed a clandestine effort to nominate Newton Baker
as the Democratic presidential candidate, though after its failure Clarke became a supporter of the New Deal
and President Franklin D. Roosevelt
. Despite misgivings about the methods, he sympathized with the goals underlying the president's Supreme Court "packing" plan
, and at Roosevelt's request Clarke made a radio broadcast in March 1937 in which he defended the constitutionality of the proposal.
In 1931 Clarke moved from Cleveland to San Diego, where he lived in the El Cortez Apartment Hotel
. It was there that he suffered a heart attack and died on March 22, 1945. He was later honored by his alma mater by having a residence hall — Clarke Tower — named after him on the Case Western Reserve campus.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer and judge who served as an Associate Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
of the United States Supreme Court from 1916 to 1922.
Early life
Born in New LisbonLisbon, Ohio
Lisbon is a village in Center Township, Columbiana County, Ohio, United States. The population was 2,788 at the 2000 census. It is the county seat of Columbiana County.-History:...
, Ohio, Clarke was the third child and only son of John Clarke, a lawyer and judge, and his wife Melissa Hessin. He attended New Lisbon High School
New Lisbon High School
New Lisbon High School is part of the School District of New Lisbon and is located in New Lisbon, Juneau County, Wisconsin, United States. The district serves students residing in the City of New Lisbon, Village of Hustler, and the towns of Clearfield, Cutler, Fountain, Germantown, Lisbon,...
and Western Reserve College
Case Western Reserve University
Case Western Reserve University is a private research university located in Cleveland, Ohio, USA...
, from which he graduated Phi Beta Kappa in 1877. Clarke did not attend law school but studied the law under his father's direction
Reading law
Reading law is the method by which persons in common law countries, particularly the United States, entered the legal profession before the advent of law schools. This usage specifically refers to a means of entering the profession . A small number of U.S...
and passed the bar exam cum laude in 1878.
After practicing law in New Lisbon for two years, Clarke moved to Youngstown
Youngstown, Ohio
Youngstown is a city in the U.S. state of Ohio and the county seat of Mahoning County; it also extends into Trumbull County. The municipality is situated on the Mahoning River, approximately southeast of Cleveland and northwest of Pittsburgh, Pennsylvania...
, where he purchased a half-share in the Youngstown Vindicator
The Vindicator
The Vindicator, also known at times as The Youngstown Vindicator, is a daily newspaper serving Youngstown, Ohio and the Mahoning County Region as well as southern Trumbull County and northern Columbiana County. Founded in 1869, the newspaper currently has a circulation of 62,100 daily and 87,000...
. The Vindicator was a Democratic newspaper and Clarke, a reform-minded Bourbon Democrat
Bourbon Democrat
Bourbon Democrat was a term used in the United States from 1876 to 1904 to refer to a member of the Democratic Party, conservative or classical liberal, especially one who supported President Grover Cleveland in 1884–1888/1892–1896 and Alton B. Parker in 1904. After 1904, the Bourbons faded away...
, wrote several articles opposing the growing power of corporate monopolies and promoting such causes as civil-service reform
Pendleton Civil Service Reform Act
The Pendleton Civil Service Reform Act of United States is a federal law established in 1883 that stipulated that government jobs should be awarded on the basis of merit. The act provided selection of government employees competitive exams, rather than ties to politicians or political affiliation...
. He also became involved in local party politics and civic causes. His efforts to prevent Calvin S. Brice
Calvin S. Brice
Calvin Stewart Brice was a Democratic politician from Ohio. Born in Denmark, Morrow County, Ohio, Brice dropped out of Miami University in 1861 to join the Union Army. After a short stint in the army he returned to Miami and earned his undergraduate degree in 1863...
's renomination as the party's candidate for the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
in 1894 ended in failure, but he worked successfully to oppose the election of a Republican candidate for mayor of Youngstown who was a member of the American Protective Association
American Protective Association
The American Protective Association, or APA was an American anti-Catholic society similar to the Know Nothings.-History:The APA was founded 13 March 1887 by Attorney Henry F. Bowers in Clinton, Iowa...
. A "gold bug
Gold bug
Gold Bug is a term used to describe investors who are very bullish on buying the commodity gold . It can also be used to refer to a person who opposes or criticizes the use of fiat currency and supports a return to the use of the Gold Standard or some other currency system based on the value of...
" in 1896, Clarke's opposition to William Jennings Bryan
William Jennings Bryan
William Jennings Bryan was an American politician in the late-19th and early-20th centuries. He was a dominant force in the liberal wing of the Democratic Party, standing three times as its candidate for President of the United States...
's nomination as the Democratic Party's presidential candidate was so great that he bolted the party and participated in the subsequent "Gold Bug" convention
National Democratic Party (United States)
The National Democratic Party or Gold Democrats was a short-lived political party of Bourbon Democrats, who opposed the regular party nominee William Jennings Bryan in 1896. Most members were admirers of Grover Cleveland. They considered Bryan a dangerous man and charged that his "free silver"...
in Indianapolis that nominated Senator John M. Palmer
John M. Palmer (politician)
John McAuley Palmer , was an Illinois resident, an American Civil War General who fought for the Union, the 15th Governor of Illinois, and presidential candidate of the National Democratic Party in the 1896 election on a platform to defend the gold standard, free trade, and limited...
later that year.
Progressive politician
Soon after the 1896 presidential election, Clarke moved to ClevelandCleveland, Ohio
Cleveland is a city in the U.S. state of Ohio and is the county seat of Cuyahoga County, the most populous county in the state. The city is located in northeastern Ohio on the southern shore of Lake Erie, approximately west of the Pennsylvania border...
, where he became a partner in the law firm of Williamson and Cushing. The firm represented corporate and railroad interests, and Clarke soon demonstrated his worth, replacing senior partner Samuel W. Williamson as the general counsel for the New York, Chicago and St. Louis Railroad
New York, Chicago and St. Louis Railroad
The New York, Chicago and St. Louis Railroad , abbreviated NYC&St.L, was a railroad that operated in the mid-central United States. Commonly referred to as the Nickel Plate Road, the railroad served a large area, including trackage in the states of New York, Pennsylvania, Ohio, Indiana, and Illinois...
. Yet Clarke continued his involvement in the Democratic Party. His politics evolved during this period, as Clarke abandoned many of the political views of his youth, including those involving states' rights
States' rights
States' rights in U.S. politics refers to political powers reserved for the U.S. state governments rather than the federal government. It is often considered a loaded term because of its use in opposition to federally mandated racial desegregation...
, and embraced instead the program of the emerging progressive movement
Progressivism in the United States
Progressivism in the United States is a broadly based reform movement that reached its height early in the 20th century and is generally considered to be middle class and reformist in nature. It arose as a response to the vast changes brought by modernization, such as the growth of large...
. Clarke's political evolution during this period was facilitated considerably by his friendship with Cleveland mayor Tom L. Johnson
Tom L. Johnson
Thomas Loftin Johnson , better known as Tom L. Johnson, was an American politician of the Democratic Party from the late 19th and early 20th centuries. He headed relief efforts after the Johnstown, Pennsylvania floods of 1889, was a U.S. Representative from 1891–1895 and the 35th mayor of...
, who helped restore Clarke's standing within the state party after Clarke's previous failure to support Bryan's presidential bid.
In 1903, Johnson succeeded in taking control of the state Democratic Party, an effort which Clarke supported. At the party's convention that August, Clarke was nominated as the Democratic candidate for the United States Senate. Though an accomplished orator, Clarke's work as a railroad attorney, his opposition to Bryan's presidential candidacy seven years before, and his own personal limitations all contributed to his failure to upset his Republican rival, Mark Hanna
Mark Hanna
Marcus Alonzo "Mark" Hanna was a United States Senator from Ohio and the friend and political manager of President William McKinley...
, who won the balloting in the Ohio General Assembly
Ohio General Assembly
The Ohio General Assembly is the state legislature of the U.S. state of Ohio. It consists of the 99-member Ohio House of Representatives and the 33-member Ohio Senate...
by 115 votes to 25 for Clarke.
In the aftermath of his defeat, Clarke reduced his participation in party politics, focusing instead on his legal work for a time. Yet Clarke was soon back in the political arena, withdrawing from the partnership with Williamson and Cushing in 1907. His relationship with Johnson suffered after Clarke supported the successful candidacy of conservative Democrat Judson Harmon
Judson Harmon
Judson Harmon was a Democratic politician from Ohio. He served as United States Attorney General under President Grover Cleveland and later served as the 45th Governor of Ohio....
for governor in 1908; in response, when nominating a candidate for the United States Senate race in 1910 Johnson passed over Clarke in favor of Atlee Pomerene
Atlee Pomerene
Atlee Pomerene was a Democratic Party politician from Ohio. He represented Ohio in the United States Senate from 1911 until 1923.-Early life and career:...
, the eventual winner. Clarke's support for the incorporation of progressive reforms into the Ohio Constitution
Ohio Constitution
The Ohio Constitution is the basic governing document of the State of Ohio, which in 1803 became the 17th state to join the United States of America. Ohio has had two constitutions since statehood was granted....
in 1911, however, helped to restore his standing among Ohio progressives. Clarke attempted to parlay this into a second run for a United States Senate seat early in 1914, but he faced opposition in the primary from Ohio Attorney General
Ohio Attorney General
The Ohio Attorney General is the chief legal officer of the State of Ohio in the United States. The office is filled by general election, held every four years. The Ohio Attorney General is Mike DeWine.-History:...
Timothy S. Hogan
Timothy Sylvester Hogan (1864)
thumb|right|circa 1912Timothy Sylvester Hogan was a Democratic politician in the U. S. State of Ohio who was Ohio Attorney General 1911–1915.-Biography:...
and by the spring appeared to be in danger of losing the race.
Federal judge
Clarke was in the middle of his primary campaign when he was appointed by PresidentPresident of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Woodrow Wilson
Woodrow Wilson
Thomas Woodrow Wilson was the 28th President of the United States, from 1913 to 1921. A leader of the Progressive Movement, he served as President of Princeton University from 1902 to 1910, and then as the Governor of New Jersey from 1911 to 1913...
to fill a vacancy on the U.S. District Court for the Northern District of Ohio created by the resignation of William Louis Day
William Louis Day
William Louis Day was a United States federal judge.Born in Canton, Ohio, Day was a son of William R. Day of the United States Supreme Court and Mary Elizabeth Day. He attended Williston Seminary and received an LL.B. from the University of Michigan Law School in 1900. He was in private practice...
. Clarke was the choice of both Woodrow Wilson and Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
James Clark McReynolds
James Clark McReynolds
James Clark McReynolds was an American lawyer and judge who served as United States Attorney General under President Woodrow Wilson and as an Associate Justice of the United States Supreme Court...
, who felt that the position required a "first rate appointment" to deal with the backlog in the court's docket, and that Clarke's high standing before the Ohio bar marked him out as a man of "decided ability". Wilson also wanted a candidate who could be groomed as a prospective Supreme Court nominee, given the relative dearth of Democratic prospects on the federal bench after sixteen years of Republican presidents.
Clarke soon vindicated their hopes in him, establishing himself as an effective judge. Though considered too formal and aloof by the attorneys before him, he cleaned up the backlogged docket and won their respect for his ability. His work was of the highest quality, with only five of the 662 suits tried before him reversed, and none of these for errors in the admission of evidence. Clarke himself enjoyed his time at the district level, finding his duties not too onerous and the variety of cases before him stimulating.
Associate Justice
In June 1916, a vacancy arose on the Supreme Court when Associate Justice Charles Evans HughesCharles Evans Hughes
Charles Evans Hughes, Sr. was an American statesman, lawyer and Republican politician from New York. He served as the 36th Governor of New York , Associate Justice of the Supreme Court of the United States , United States Secretary of State , a judge on the Court of International Justice , and...
resigned to accept the Republican nomination for President
United States presidential election, 1916
The United States presidential election of 1916 took place while Europe was embroiled in World War I. Public sentiment in the still neutral United States leaned towards the British and French forces, due to the harsh treatment of civilians by the German Army, which had invaded and occupied large...
. Wilson wanted to fill the seat by appointing his Attorney General, Thomas W. Gregory
Thomas Watt Gregory
Thomas Watt Gregory was an American attorney and Cabinet Secretary.-Biography:Born in Crawfordsville, Mississippi, he graduated from The Webb School in Bell Buckle, TN in 1881, Southwestern Presbyterian University in 1883, and was a special student at the University of Virginia...
, but Gregory demurred and suggested Clarke instead. After having Newton Baker
Newton D. Baker
Newton Diehl Baker, Jr. was an American politician who belonged to the Democratic Party. He served as the 37th mayor of Cleveland, Ohio from 1912 to 1915 and as U.S. Secretary of War from 1916 to 1921.-Early years:...
(Wilson's Secretary of War and a close friend of Clarke's) speak with Clarke to confirm his opposition to trusts, Wilson offered Clarke the nomination. Though Clarke was reluctant to abandon trial for appellate work, he felt he could not pass on such an honor and accepted. Wilson sent his name to the Senate on July 14 and Clarke was confirmed unanimously ten days later.
Clarke's years on the court were unhappy ones. Having enjoyed the autonomy of a trial court judge, he chafed at the routine of the Supreme Court, hating the arguments, the extended conferences, and the need to accommodate other justices's views when writing opinions. While he enjoyed good relations with the other justices (and developed close friendships with William R. Day
William R. Day
William Rufus Day was an American diplomat and jurist, who served for nineteen years as a Justice of the Supreme Court of the United States.-Biography:...
and Willis Van Devanter
Willis Van Devanter
Willis Van Devanter was an Associate Justice of the United States Supreme Court, January 3, 1911 to June 2, 1937.- Early life and career :...
), he had an unpleasant relationship with Justice James Clark McReynolds
James Clark McReynolds
James Clark McReynolds was an American lawyer and judge who served as United States Attorney General under President Woodrow Wilson and as an Associate Justice of the United States Supreme Court...
, one that subsequently contributed to his decision to leave the Court. Such was McReynolds's animosity towards Clarke that when Clarke resigned McReynolds refused to sign the official letter of regret over his departure.
Philosophically, Clarke demonstrated an affinity for legal realism
Legal realism
Legal realism is a school of legal philosophy that is generally associated with the culmination of the early-twentieth century attack on the orthodox claims of late-nineteenth-century classical legal thought in the United States...
in his opinions. He often voted with Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932...
and Louis Brandeis
Louis Brandeis
Louis Dembitz Brandeis ; November 13, 1856 – October 5, 1941) was an Associate Justice on the Supreme Court of the United States from 1916 to 1939.He was born in Louisville, Kentucky, to Jewish immigrant parents who raised him in a secular mode...
, usually in dissent from the conservative majority dominant on the Court at that time, though Holmes's famous dissent from the Abrams v. United States
Abrams v. United States
Abrams v. United States, 250 U.S. 616 , was a 7-2 decision of the United States Supreme Court involving the 1918 Amendment to the Espionage Act of 1917, which made it a criminal offense to urge curtailment of production of the materials necessary to the war against Germany with intent to hinder the...
decision was in response to Clarke's majority opinion. As a Progressive, he supported the power of both national and state authorities to regulate the economy, particularly with regards to regulating child labor
Child labor
Child labour refers to the employment of children at regular and sustained labour. This practice is considered exploitative by many international organizations and is illegal in many countries...
. His dissents on two cases, Hammer v. Dagenhart
Hammer v. Dagenhart
Hammer v. Dagenhart, 247 U.S. 251 , was a United States Supreme Court decision involving the power of Congress to enact child labor laws...
and Bailey v. Drexel Furniture Company
Child Labor Tax Case
Bailey v. Drexel Furniture Co., 259 U.S. 20 , was a case in which the U.S. Supreme Court ruled the 1919 Child Labor Tax Law unconstitutional as an improper attempt by Congress to penalize employers using child labor...
supported Congress's authority under the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
(in the Hammer case) and the Taxing and Spending Clause
Taxing and Spending Clause
Article I, Section 8, Clause 1 of the United States Constitution, is known as the Taxing and Spending Clause. It is the clause that gives the federal government of the United States its power of taxation...
(in the Bailey case) to address what Progressives saw as a major social problem. He also demonstrated his opposition to monopoly in United States v. Reading Company
Reading Company
The Reading Company , usually called the Reading Railroad, officially the Philadelphia and Reading Rail Road and then the Philadelphia and Reading Railway until 1924, operated in southeast Pennsylvania and neighboring states...
, in a ruling that became a prominent part of anti-trust law
Competition law
Competition law, known in the United States as antitrust law, is law that promotes or maintains market competition by regulating anti-competitive conduct by companies....
.
Resignation
Clarke's impact on the Court's jurisprudence was limited by his relatively brief service on it. On September 1, 1922, Clarke sent a letter to President Warren G. HardingWarren G. Harding
Warren Gamaliel Harding was the 29th President of the United States . A Republican from Ohio, Harding was an influential self-made newspaper publisher. He served in the Ohio Senate , as the 28th Lieutenant Governor of Ohio and as a U.S. Senator...
announcing his intention to resign from the Court. His decision was motivated by a number of factors. Apart from his dissatisfaction with his work as a justice and his ongoing difficulties with McReynolds, Clarke had recently suffered the loss of his sisters Ida and Alice. Moreover, having witnessed the physical decline of Chief Justice Edward Douglass White
Edward Douglass White
Edward Douglass White, Jr. , American politician and jurist, was a United States senator, Associate Justice of the United States Supreme Court and the ninth Chief Justice of the United States. He was best known for formulating the Rule of Reason standard of antitrust law. He also sided with the...
, he wished to avoid a similar deterioration while on the bench. Clarke would have few regrets about his decision, and informed his successor, George Sutherland
George Sutherland
Alexander George Sutherland was an English-born U.S. jurist and political figure. One of four appointments to the Supreme Court by President Warren G. Harding, he served as an Associate Justice of the U.S...
, that the latter was embarking on "a dog's life"
Campaigning to join the League of Nations
In an interview three days after submitting his resignation, Clarke outlined a new cause he wanted to pursue – convincing Americans that the United States should join the League of NationsLeague of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
. At the time, prospects for League entry were at a low ebb, its proponents having suffered the dual setback of the Senate's rejection of the Versailles Treaty and the election of the anti-League Republican Warren G. Harding as president in 1920
United States presidential election, 1920
The United States presidential election of 1920 was dominated by the aftermath of World War I and a hostile response to certain policies of Woodrow Wilson, the Democratic president. The wartime economic boom had collapsed. Politicians were arguing over peace treaties and the question of America's...
. Clarke's public pronouncements gave their cause a new life, and in October 1922 he became the president of a new organization, the League of Nations Non-Partisan Association. Modeled after the British League of Nations Union
League of Nations Union
The League of Nations Union was an organization formed in the United Kingdom to promote international justice, collective security and a permanent peace between nations based upon the ideals of the League of Nations. The League of Nations was established by the Great Powers as part of the Paris...
, the Association's mission was to awaken the underlying support for joining the League that its founders believed existed within the United States and mobilize it to overcome the opposition to League participation. Through it, Clarke quickly emerged as Wilson's successor in the campaign for League membership.
Though Clarke committed himself to the cause with a series of speaking tours, he soon faced a number of challenges. Expenditures quickly outpaced the Association's funding, with limited resources squandered on building up an extensive organization. Though Clarke organized a restructuring in June 1923, a far greater problem lay in his underestimation of the task he faced. Contrary to Clarke's expectations, there was no latent undercurrent of support for joining the League, only skepticism and hostility to the idea. Addressing this required a far different level of commitment than Clarke expected to make, forcing him and the rest of the Association leadership to scale back on their goals. Focusing on the issue of entry into the World Court
Permanent Court of International Justice
The Permanent Court of International Justice, often called the World Court, was an international court attached to the League of Nations. Created in 1922 , the Court was initially met with a good reaction from states and academics alike, with many cases submitted to it for its first decade of...
, Clarke continued to campaign for American involvement in international organizations and agreements for the remainder of the decade.
Retirement
By the end of 1927, Clarke's growing deafnessHearing impairment
-Definition:Deafness is the inability for the ear to interpret certain or all frequencies of sound.-Environmental Situations:Deafness can be caused by environmental situations such as noise, trauma, or other ear defections...
and frustration with the failures of the Association led him to resign from the Association's presidency. In retirement Clarke remained vigorous and active with a regimen of reading and travel. He also continued to participate in public service, becoming a trustee of Western Reserve University. In 1932, he backed a clandestine effort to nominate Newton Baker
Newton D. Baker
Newton Diehl Baker, Jr. was an American politician who belonged to the Democratic Party. He served as the 37th mayor of Cleveland, Ohio from 1912 to 1915 and as U.S. Secretary of War from 1916 to 1921.-Early years:...
as the Democratic presidential candidate, though after its failure Clarke became a supporter of the New Deal
New Deal
The New Deal was a series of economic programs implemented in the United States between 1933 and 1936. They were passed by the U.S. Congress during the first term of President Franklin D. Roosevelt. The programs were Roosevelt's responses to the Great Depression, and focused on what historians call...
and President Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
. Despite misgivings about the methods, he sympathized with the goals underlying the president's Supreme Court "packing" plan
Judiciary Reorganization Bill of 1937
The Judicial Procedures Reform Bill of 1937, frequently called the court-packing plan, was a legislative initiative proposed by U.S. President Franklin Roosevelt to add more justices to the U.S. Supreme Court. Roosevelt's purpose was to obtain favorable rulings regarding New Deal legislation that...
, and at Roosevelt's request Clarke made a radio broadcast in March 1937 in which he defended the constitutionality of the proposal.
In 1931 Clarke moved from Cleveland to San Diego, where he lived in the El Cortez Apartment Hotel
El Cortez Apartment Hotel
El Cortez Apartment Hotel is a landmark hotel in San Diego, California. Built from 1926 to 1927, the El Cortez was the tallest building in San Diego when it opened. It sits atop a hill at the north end of Downtown San Diego, where it dominated the city skyline for many years. From its opening in...
. It was there that he suffered a heart attack and died on March 22, 1945. He was later honored by his alma mater by having a residence hall — Clarke Tower — named after him on the Case Western Reserve campus.