40-577: George Alexander Sutherland (March 25, 1862 – July 18, 1942) was an English-born American jurist and politician. He served as an associate justice of the U.S. Supreme Court between 1922 and 1938. As a member of the Republican Party , he also represented Utah in both houses of Congress . Born in Buckinghamshire , England, Sutherland and his family moved to the Utah Territory in
80-599: A few years before moving his family back to Utah Territory in 1869, where he pursued a number of different occupations. In the 1870s, the Sutherland family left the Church, with George remaining unbaptized. At the age of 12, the need to help his family financially forced Sutherland to leave school and take a job, first as a clerk in a clothing store and then as an agent of the Wells Fargo Company . However, Sutherland aspired to
120-487: A higher education, and in 1879, he had saved enough to attend Brigham Young Academy . There, he studied under Karl G. Maeser , who proved an important influence in his intellectual development, most notably by introducing Sutherland to the ideas of Herbert Spencer , which would form an enduring part of Sutherland's philosophy. After graduating in 1881, Sutherland worked for the Rio Grande Western Railroad for
160-681: A lawyer) in a partnership in Provo . In 1886, they dissolved their partnership and Sutherland formed a new one with Samuel R. Thurman , a future chief justice of the Utah Supreme Court . Their partnership later included Edgar A. Wedgwood who served as adjutant general of the Utah National Guard . After running unsuccessfully as the Liberal Party candidate for mayor of Provo, Sutherland moved to Salt Lake City in 1893. There, he joined one of
200-514: A little over a year before moving to Michigan to enroll in the University of Michigan Law School , where he was a student of Thomas M. Cooley . Sutherland left school before earning his law degree. After admission to the Michigan bar, he married Rosamond Lee in 1883, and produced two daughters and a son. Afterwards, Sutherland moved back to Utah Territory, where he joined his father (who had also become
240-477: A set of chambers in the Supreme Court building, and employ law clerks. The names of retired associate justices continue to appear alongside those of the active justices in the bound volumes of Supreme Court decisions. Federal statute ( 28 U.S.C. § 294 ) provides that retired Supreme Court justices may serve—if designated and assigned by the chief justice—on panels of the U.S. courts of appeals, or on
280-481: A severe heart attack and died in his sleep some time between 4:00 AM and 9:30 AM on July 18, 1942, his wife by his side. They had celebrated their 59th wedding anniversary just 29 days earlier. Sutherland was interred at Abbey Mausoleum in Arlington County, Virginia . In 1958, his remains were removed and reburied at Cedar Hill Cemetery near Suitland, Maryland . As an infant, Sutherland had been baptized in
320-683: Is a justice of the Supreme Court of the United States , other than the chief justice of the United States . The number of associate justices is eight, as set by the Judiciary Act of 1869 . Article II, Section 2, Clause 2 of the Constitution of the United States grants plenary power to the president to nominate, and with the advice and consent (confirmation) of the Senate , appoint justices to
360-473: Is known as TAG (The Adjutant General), and is subordinated to the chief executive (generally the state's governor). They do not have authority over police forces, only military forces. In 49 states, Puerto Rico , Guam , and the United States Virgin Islands , the adjutant general is appointed by the governor . The exceptions are Vermont , where the adjutant general is appointed by a vote of
400-570: The Anglican church , and his religion is often listed as Episcopalian . Sutherland was never a member of The Church of Jesus Christ of Latter-day Saints, as his parents left the Church in his childhood. However, he maintained loyal friendships with prominent Latter-day Saints, and fondly remembered his time at Brigham Young Academy . Sutherland rejected the Latter-day Saint tradition, specifically "collectivist economic practices," but he had studied
440-536: The Department of Defense and placed under an Army or Air Force command. Twenty-three adjutants general have responsibility for military land forces that comprise state level militias under the command of the various governors and generally have state support missions. Eight of which maintain a naval militia division. Two adjutants general, Puerto Rico and Texas, are also responsible for an air support component. Some adjutant generals are responsible for oversight of
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#1732858131621480-636: The National Guard Association of the United States serves to lobby both Congress and the Executive branch about common needs of the Guard as a whole and also provide support to members of the National Guard. Each adjutant general commands their state's Army and Air National Guard units which are not on federal active duty. When a National Guard unit is federalized it is moved from state command to
520-652: The Nineteenth Amendment into the Senate... campaigned for the passage of that amendment, helped draft the Equal Rights Amendment , and was a friend and adviser of Alice Paul of the National Woman's Party ." However, he generally sided with the "Old Guard" of conservatives who battled with their Progressive counterparts within the party during William Howard Taft 's presidency. He was also involved closely with
560-579: The Vermont General Assembly , and the District of Columbia , where a commanding general is appointed by the President of the United States of America . Until 2016, South Carolina chose its adjutant general in statewide general elections, but after passage of a popular referendum, the holder of this position is now appointed by the governor . Each adjutant general shares a common responsibility for
600-629: The 1860s. After attending the University of Michigan Law School , Sutherland established a legal practice in Provo, Utah , and won election to the Utah State Senate . Sutherland won election to the United States House of Representatives in 1900 and to the United States Senate in 1905. In Congress, Sutherland supported several progressive policies but generally aligned with the party's conservative wing. He won re-election in 1911 but
640-620: The 1932 case Powell v. Alabama , overturning a conviction in the Scottsboro Boys Case because the defendant, Ozie Powell, was deprived of his right to counsel, and U.S. v. Curtiss-Wright Export Corp. (1936), in which Sutherland wrote the majority decision to give the US President wide powers in conducting foreign affairs and later became very influential in widening the executive branch's powers about foreign policy. In United States v. Bhagat Singh Thind (1923), Sutherland authored
680-666: The Supreme Court on January 17, 1938, as the balance of power on the Court was shifting away from him. Following his retirement, Sutherland sat by special designation as a member of the Second Circuit panel that reviewed the bribery conviction of former Second Circuit Chief Judge Martin Manton , and authored the court's opinion upholding the conviction. While vacationing with his wife at a resort in Stockbridge, Massachusetts , Sutherland suffered
720-487: The Supreme Court was established in 1789, the following 104 persons have served as an associate justice: State adjutant general Each state in the United States has a senior military officer, as the state adjutant general , who is the de facto commander of a state's military forces, including the National Guard residing within the state, the state's naval militia , and any state defense forces . This officer
760-467: The Supreme Court. Article III, Section 1 of the Constitution effectively grants life tenure to associate justices, and all other federal judges , which ends only when a justice dies, retires, resigns, or is impeached and convicted . Each Supreme Court justice has a single vote in deciding the cases argued before it, and the chief justice's vote counts no more than that of any other justice; however,
800-431: The U.S. district courts. Retired justices are not, however, authorized to take part in the consideration or decision of any cases before the Supreme Court (unlike other retired federal judges who may be permitted to do so in their former courts); neither are they known or designated as a "senior judge". When, after his retirement, William O. Douglas attempted to take a more active role than was customary, maintaining that it
840-504: The chief justice leads the discussion of the case among the justices. Furthermore, the chief justice—when in the majority—decides who writes the court's opinion; otherwise, the senior justice in the majority assigns the writing of a decision. The chief justice also has certain administrative responsibilities that the other justices do not and is paid slightly more ($ 298,500 per year as of 2023, compared to $ 285,400 per year for an associate justice). Associate justices have seniority in order of
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#1732858131621880-595: The constitutionality of zoning laws. During Franklin Roosevelt 's early years in office as president, Sutherland, along with James Clark McReynolds , Pierce Butler and Willis Van Devanter , was part of the conservative " Four Horsemen ," who were instrumental in striking down Roosevelt's New Deal legislation. Sutherland was regarded as the leader of this conservative bloc of judges. Privately, Sutherland held Roosevelt in low regard, describing him as an "utter incompetent." Important decisions authored by Sutherland include
920-399: The date their respective commissions bear, although the chief justice is always considered to be the most senior justice. If two justices are commissioned on the same day, the elder is designated the senior justice of the two. Currently, the senior associate justice is Clarence Thomas . By tradition, when the justices are in conference deliberating the outcome of cases before the Supreme Court,
960-772: The first time under the terms of the Seventeenth Amendment . Once again he faced William H. King, who campaigned on Sutherland's opposition to the president. Following his Senate defeat, he resumed the private practice of law in Washington, D.C. , and served as president of the American Bar Association from 1916 to 1917. Defunct Newspapers Journals TV channels Websites Other Economics Gun rights Identity politics Nativist Religion Watchdog groups Youth/student groups Miscellaneous Other On September 5, 1922, Sutherland
1000-761: The floor in the Senate in defense of the senior senator during the climax of the Smoot hearings . Sutherland's tenure in the Senate coincided with the Progressive Era in American politics. He voted for much of Theodore Roosevelt 's legislative agenda, including the Pure Food and Drug Act , the Hepburn Act , and the Federal Employers Liability Act . He was also "a longstanding women’s rights advocate. He introduced
1040-525: The irrigation of arid lands. Sutherland declined to run for a second term and returned to Utah to campaign for election to the United States Senate . With the state legislature firmly under Republican control, the contest was an intra-party battle with the incumbent, Thomas Kearns . With the backing of Utah's other senator, Reed Smoot , Sutherland secured the unanimous support of the caucus in January 1905. Sutherland repaid his debt to Smoot in 1907 by speaking on
1080-583: The justices state their views in order of seniority. The senior associate justice is also tasked with carrying out the chief justice's duties when he is unable to, or if that office is vacant. There are currently eight associate justices on the Supreme Court. The justices, ordered by seniority, are: An associate justice who leaves the Supreme Court after attaining the age and meeting the service requirements prescribed by federal statute ( 28 U.S.C. § 371 ) may retire rather than resign. After retirement, they keep their title, and by custom may also keep
1120-619: The legal codification of the period and joined Taft in opposing the legislation admitting New Mexico and Arizona into the union because of clauses within their constitutions allowing for the recall of judges . The election of Woodrow Wilson and the Democratic takeover of Congress in 1912 put Sutherland and the other conservatives on the defensive. By now a national figure, Sutherland opposed many of Wilson's legislative proposals and foreign policy measures. Sutherland's opposition contributed to his defeat in 1916 , when he faced re-election for
1160-438: The party's candidate for Utah's seat in the United States House of Representatives . In the subsequent election, Sutherland narrowly defeated the Democratic incumbent (and his former law partner), William H. King , by 241 votes out of over 90,000 cast. He went on to serve as a Representative in the 57th Congress , where he fought to maintain the tariff on sugar and was active in both Indian affairs and legislation addressing
1200-467: The religion at Brigham Young Academy and followed the Latter-day Saint practice of alcohol abstinence. Lawyer and commentator Jay Sekulow wrote that some of Sutherland's views had been influenced by the Latter-day Saints. As of 2021, Sutherland is the last non-LDS Senator from Utah. Associate Justice of the U.S. Supreme Court An associate justice of the Supreme Court of the United States
1240-413: The responsibility for overseeing homeland security . In other states, this responsibility may be assigned to the state's law enforcement agency instead. Some states place their veteran's affairs organization in the state's military department under the oversight of the state adjutant general. Other states have an independent veteran's affairs department. Each adjutant general is the senior officer in
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1280-519: The state's National Guard plus a unique set of other responsibilities defined by the state's constitution, state statutes, and other state-level directives. In addition to their state responsibilities, each TAG is responsible to the federal government for the use and care of federal assets under the state's control. The National Guard Bureau (NGB) in the Department of Defense provides a centralized administrative, funding, and procurement process to support
1320-483: The state's emergency management organization. These groups are non-military organizations but have a close working relationship with the state's National Guard and any state defense forces. They are the state level agency that works directly with the Federal Emergency Management Agency in preparing for, responding to, and recovering from disasters. Some states have assigned their adjutant general
1360-534: The state's leading law firms, and the following year was one of the organizers of the Utah State Bar Association . In 1896, he was elected as a Republican to the new Utah State Senate , where he served as chairman of the senate's Judiciary Committee and sponsored legislation granting powers of eminent domain to mining and irrigation companies. In 1900, Sutherland received the Republican nomination as
1400-621: The states' military departments. The Chief of the National Guard Bureau also provides input as a member of the Joint Chiefs of Staff on national military activities as they relate to the National Guard. The 54 adjutants general collectively form the Adjutants General Association of the United States (AGAUS) which strives to enhance both state and national military security. A professional military guard organization,
1440-505: The unanimous decision, which decided that Indian Sikhs , although they are classified as members of the " Caucasian race ," were not white within the meaning of the Naturalization Act of 1790 and so are ineligible for naturalized American citizenship. In 1937, the Supreme Court began to side with more moderate New Deal policies developed in reaction to previous legal cases, and Sutherland's influence declined. Sutherland retired from
1480-512: Was born in Stony Stratford , Buckinghamshire , England , to a Scottish father, Alexander George Sutherland, and an English mother, Frances ( née Slater). A recent convert to The Church of Jesus Christ of Latter-day Saints , Alexander moved the family to the Utah Territory in the summer of 1863 and initially settled his family in Springville, Utah but moved to Montana and prospected for
1520-548: Was defeated in the 1916 election by Democrat William H. King . Sutherland made up part of the " Four Horsemen ", a group of conservative justices that often voted to strike down New Deal legislation. He retired from the Supreme Court in 1938, and was succeeded by Stanley Forman Reed . Sutherland wrote the Court's majority opinion in cases such as Village of Euclid v. Ambler Realty Co. , Powell v. Alabama , Carter v. Carter Coal Co. , Adkins v. Children's Hospital , and U.S. v. Curtiss-Wright Export Corp. . Sutherland
1560-571: Was his prerogative to do so because of his senior status, he was rebuffed by Chief Justice Warren Burger and admonished by the whole Court. There are currently three living retired associate justices: David Souter , retired June 29, 2009; Anthony Kennedy , retired July 31, 2018; and Stephen Breyer , retired June 30, 2022. Souter has served on panels of the First Circuit Courts of Appeals following his retirement; Kennedy and Breyer have not performed any judicial duties since retiring. Since
1600-517: Was nominated by President Warren G. Harding as an associate justice on the Supreme Court of the United States to succeed John Hessin Clarke ; he was confirmed by the U.S. Senate the same day. Sutherland was sworn into office on October 2, 1922. Sutherland wrote a decision affirming a zoning ordinance in Village of Euclid v. Ambler Realty Co. , which was widely interpreted to be a general endorsement of
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