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788

Supreme Court Justice Frankfurter On The Enforcement Of The Bill Of Rights In The U.s. And Abroad

Currency:USD Category:Antiques / Books & Manuscripts Start Price:900.00 USD Estimated At:1,500.00 - 2,000.00 USD
Supreme Court Justice Frankfurter On The Enforcement Of The Bill Of Rights In The U.s. And Abroad
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FELIX FRANKFURTER (1882-1965) Associate Justice of the Supreme Court. Autograph Letter Signed, “ Felix Frankfurter,” on his name-imprinted Supreme Court of the United States, Washington, D.C. letterhead. One page, 5 3/4” x 9”. Charlemont, Mass. July 29, 1949. Accompanied by original Supreme Court of the United States Washington, D.C. envelope addressed to “Edmund Clymers 45 Exchange Street, Rochester 4 N.Y.” With circular “SHELBURNE FALLS, MA JULY 31 1949” postal cancellation and Purple three-cent stamp. Frankfurter writes: “ Dear Mr. Clymer, Thank you for your kind thoughts. I appreciated your notes and read your enclosures with interest. I sometimes suspect that those who should best remember seem to forget the Bill of Rights - or are most concerned to have it enforced abroad instead of right here at home. With fond wishes, Cordially yours, Felix Frankfurter.” Frankfurter’s fine commentary on the state of individual rights in the U.S. and abroad comes at a transformative moment in the wake of World War Two. As the America and its allies worked to rebuild shattered European nations and their economies, the U.S. found itself gripped by increasingly prevalent anti-communist sentiment, which had been largely silenced while the U.S. and Russian were wartime allies. During this period of McCarthyism, hundreds found themselves imprisoned and thousands more lost their livelihoods. While Frankfurter was known for his radical politics in his youth (he had helped to found the A.C.L.U. and also spoke in support of Sacco and Vanzetti) he adhered to judicial restraint while serving on the U.S. Supreme Court. In light of this philosophy and Frankfurter’s stand on cases before the court, his statement regarding the Bill of Rights takes on a tinge of unintended irony. Frankfurter statements regarding Dennis vs. United States [1951] highlight his awareness of the importance of free speech, yet he supported the conviction of the eleven communist leaders charged with conspiracy to overthrow the government in that very case. This same tension can also be seen in his rejection of the claim that First Amendment rights should be protected by law in the case of Minersville School District v. Gobitis [1940]. A wonderful letter providing useful insight into Frankfurter’s sometimes contradictory stance on individual rights as they related to his position and purview as an Associate Justice on the U.S. Supreme Court during the postwar era of McCarthyism in the United States. Usual Folds. Extremely Fine.
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