William Howard Taft (September 15, 1857 – March 8, 1930) was the 27th president of the United States from 1909 to 1913 and the tenth chief justice of the United States from 1921 to 1930. He is the only person to have held both offices.
Taft was born in Cincinnati, Ohio. His father, Alphonso Taft, was a U.S. attorney general and secretary of war. Taft attended Yale and joined Skull and Bones, of which his father was a founding member. After becoming a lawyer, Taft was appointed a judge while still in his twenties. He continued a rapid rise, being named solicitor general and a judge of the Sixth Circuit Court of Appeals. In 1901, President William McKinley appointed Taft civilian governor of the Philippines. In 1904, President Theodore Roosevelt made him Secretary of War, and he became Roosevelt's hand-picked successor. Despite his personal ambition to become chief justice, Taft declined repeated offers of appointment to the Supreme Court of the United States, believing his political work to be more important.
With Roosevelt's help, Taft had little opposition for the Republican nomination for president in 1908 and easily defeated William Jennings Bryan for the presidency in that November's election. As president, he focused on East Asia more than European affairs and repeatedly intervened to prop up or remove Latin American governments. While Taft sought reductions to trade tariffs, the resulting bill was heavily influenced by special interests. His administration was filled with conflict between the Republican Party's conservative wing, with which Taft often sympathized, and its progressive wing, towards which Roosevelt increasingly gravitated. Controversies over conservation and antitrust cases filed by the Taft administration served to further separate the two men. The 1912 presidential election was a three-way race, as Roosevelt challenged Taft for renomination. Taft used his control of the party machinery to gain a bare majority of delegates and Roosevelt bolted the party. The split left Taft with little chance of reelection, and he took only Utah and Vermont in his loss to Democratic nominee Woodrow Wilson.
After leaving office, Taft returned to Yale as a professor, continuing his political activity and working against war through the League to Enforce Peace. In 1921, President Warren G. Harding appointed Taft chief justice, an office he had long sought. Chief Justice Taft was a conservative on business issues, and under him there were advances in individual rights. His work towards administrative reform of the court culminated in the Judiciary Act of 1925. In poor health, he resigned in February 1930, and died the following month. He was buried at Arlington National Cemetery, the first president and first Supreme Court justice to be interred there.
Taft is generally listed near the middle in historians' rankings of U.S. presidents; his work as chief justice has been evaluated more positively. In popular memory his political achievements and role in Republican Party history have been overshadowed by his weight and physical appearance.
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Early life and education
William Howard Taft was born September 15, 1857, in Cincinnati, Ohio, to Alphonso Taft and Louise Torrey. The Taft family lived in the suburb of Mount Auburn. Alphonso served as a judge and an ambassador, and was U.S. Secretary of War and Attorney General under President Ulysses S. Grant.
William Taft was not seen as brilliant as a child, but was a hard worker; his demanding parents pushed him and his four brothers toward success, tolerating nothing less. He attended Woodward High School in Cincinnati. At Yale College, which he entered in 1874, the heavyset, jovial Taft was popular and an intramural heavyweight wrestling champion. One classmate said he succeeded through hard work rather than by being the smartest, and had integrity. He was elected a member of Skull and Bones, the Yale secret society co-founded by his father, one of three future presidents (with George H. W. Bush and George W. Bush) to be a member.
In 1878, Taft graduated second in his class of 121. He attended Cincinnati Law School, and graduated with a Bachelor of Laws in 1880. While in law school, he worked on The Cincinnati Commercial newspaper, edited by Murat Halstead. Taft was assigned to cover the local courts, and also spent time reading law in his father's office; both activities gave him practical knowledge of the law that was not taught in class. Shortly before graduating from law school, Taft went to Columbus to take the bar examination and easily passed.
Rise in government (1880–1908)
Ohio lawyer and judge
After admission to the Ohio bar, Taft devoted himself to his job at the Commercial full-time. Halstead was willing to take him on permanently at an increased salary if he would give up the law, but Taft declined. In October 1880, Taft was appointed assistant prosecutor for Hamilton County, Ohio, where Cincinnati is. He took office in January 1881. Taft served for a year as assistant prosecutor, trying his share of routine cases. He resigned in January 1882 after President Chester A. Arthur appointed him Collector of Internal Revenue for Ohio's First District, an area centered on Cincinnati. Taft refused to dismiss competent employees who were politically out of favor, and resigned effective in March 1883, writing to Arthur that he wished to begin private practice in Cincinnati. In 1884, Taft campaigned for the Republican candidate for president, Senator James G. Blaine of Maine, who lost to Governor Grover Cleveland of New York.
In 1887, Taft, then aged 29, was appointed to a vacancy on the Superior Court of Cincinnati by Governor Joseph B. Foraker. The appointment was good for just over a year, after which he would have to face the voters, and in April 1888, he sought election for the first of three times in his lifetime, the other two being for the presidency. He was elected to a full five-year term. Some two dozen of Taft's opinions as a state judge survive, the most significant being Moores & Co. v. Bricklayers' Union No. 1 (1889) if only because it was used against him when he ran for president in 1908. The case involved bricklayers who refused to work for any firm that dealt with a company called Parker Brothers, with which they were in dispute. Taft ruled that the union's action amounted to a secondary boycott, which was illegal.
It is not clear when Taft met Helen Herron (often called Nellie), but it was no later than 1880, when she mentioned in her diary receiving an invitation to a party from him. By 1884, they were meeting regularly, and in 1885, after an initial rejection, she agreed to marry him. The wedding took place at the Herron home on June 19, 1886. William Taft remained devoted to his wife throughout their almost 44 years of marriage. Nellie Taft pushed her husband much as his parents had, and she could be very frank with her criticisms. The couple had three children, of whom the eldest, Robert, became a U.S. senator.
Solicitor General
The death of Justice Stanley Matthews created a vacancy on the US Supreme Court in 1889, and Governor Foraker suggested President Harrison appoint Taft to fill it. Taft was 32 and his professional goal was always a seat on the Supreme Court. He actively sought the appointment, writing to Foraker to urge the governor to press his case, while stating to others it was unlikely he would get it. Instead, in 1890, Harrison appointed him Solicitor General of the United States. When Taft arrived in Washington in February 1890, the office had been vacant for two months, with the work piling up. He worked to eliminate the backlog, while simultaneously educating himself on federal law and procedure he had not needed as an Ohio state judge.
New York Senator William M. Evarts, a former US Secretary of State, had been a classmate of Alphonso Taft at Yale. Evarts called to see his friend's son as soon as Taft took office, and William and Nellie Taft were launched into Washington society. Nellie Taft was ambitious for herself and her husband, and was annoyed when the people he socialized with most were mainly Supreme Court justices, rather than the arbiters of Washington society such as Theodore Roosevelt, John Hay, Henry Cabot Lodge, and their wives.
In 1891, Taft introduced a new policy: confession of error, by which the U.S. government would concede a case in the Supreme Court that it had won in the court below, but which the solicitor general thought it should have lost. At Taft's request, the Supreme Court reversed a murder conviction that Taft said had been based on inadmissible evidence. The policy continues to this day.
Although Taft was successful as Solicitor General, winning 15 of the 18 cases he argued before the Supreme Court, he was glad when in March 1891, the United States Congress created a new judgeship for each of the United States Courts of Appeal, and Harrison appointed him to the Sixth Circuit, based in Cincinnati. In March 1892, Taft resigned as Solicitor General to resume his judicial career.
Federal judge
Taft's federal judgeship was a lifetime appointment, and one from which promotion to the Supreme Court might come. Taft's older half-brother Charles, successful in business, supplemented Taft's government salary, allowing William and Nellie Taft and their family to live in comfort. Taft's duties involved hearing trials in the circuit, which included Ohio, Michigan, Kentucky, and Tennessee, and participating with Supreme Court Justice John Marshall Harlan, the circuit justice, and judges of the Sixth Circuit in hearing appeals. Taft spent these years, from 1892 to 1900, in personal and professional contentment.
According to historian Louis L. Gould, "while Taft shared the fears about social unrest that dominated the middle classes during the 1890s, he was not as conservative as his critics believed. He supported the right of labor to organize and strike, and he ruled against employers in several negligence cases." Among these was Voight v. Baltimore & Ohio Southwestern Railway Co. Taft's decision for a worker injured in a railway accident violated the contemporary doctrine of liberty of contract, and he was reversed by the Supreme Court. On the other hand, Taft's opinion in United States v. Addyston Pipe and Steel Co. was upheld unanimously by the high court. Taft's opinion, in which he held that a pipe manufacturers' association had violated the Sherman Antitrust Act, was described by Henry Pringle, his biographer, as having "definitely and specifically revived" that legislation.
In 1896, Taft became dean and Professor of Property at his alma mater, Cincinnati Law School, a post that required him to prepare and give two hour-long lectures each week. He was devoted to his law school, and was deeply committed to legal education, introducing the case method to the curriculum. As a federal judge, Taft could not involve himself with politics, but followed it closely, remaining a Republican supporter. He watched with some disbelief as the campaign of Ohio Governor William McKinley developed in 1894 and 1895, writing "I cannot find anybody in Washington who wants him". By March 1896, Taft realized that McKinley would likely be nominated, and was lukewarm in his support. He landed solidly in McKinley's camp in July, after former Nebraska US Representative William Jennings Bryan stampeded the 1896 Democratic National Convention with his Cross of Gold speech and was nominated. Bryan, in both that speech and in his campaign, strongly advocated free silver, a policy that Taft saw as economic radicalism. Taft feared that people would hoard gold in anticipation of a Bryan victory, but he could do nothing but worry. McKinley was elected; when a place on the Supreme Court opened in 1898, the only one under McKinley, the president named Joseph McKenna.
Philippine years
In January 1900, Taft was called to Washington to meet with McKinley. Taft hoped a Supreme Court appointment was in the works, but instead McKinley wanted to place Taft on the commission to organize a civilian government in the Philippines. The appointment would require Taft's resignation from the bench; the president assured him that if he fulfilled this task, McKinley would appoint him to the next vacancy on the high court. Taft accepted on condition he was made head of the commission, with responsibility for success or failure; McKinley agreed, and Taft sailed for the islands in April 1900.
The American takeover meant the Philippine Revolution bled into the Philippine–American War, as Filipinos fought for their independence, but U.S. forces, led by military governor General Arthur MacArthur Jr. had the upper hand by 1900. MacArthur felt the commission was a nuisance, and their mission a quixotic attempt to impose self-government on a people unready for it. The general was forced to co-operate with Taft, as McKinley had given the commission control over the islands' military budget. The commission took executive power in the Philippines on September 1, 1900; on July 4, 1901, Taft became civilian governor. MacArthur, until then the military governor, was relieved by General Adna Chaffee, who was designated only as commander of American forces. As Governor-General, Taft oversaw the final months of the primary phase of the Philippine–American War. He approved of General James Franklin Bell's use of concentration camps in the provinces of Batangas and Laguna, and accepted the surrender of Filipino general Miguel Malvar on April 16, 1902.
Taft sought to make the Filipinos partners in a venture that would lead to their self-government; he saw independence as something decades off. Many Americans in the Philippines viewed the locals as racial inferiors, but Taft wrote soon before his arrival, "we propose to banish this idea from their minds". Taft did not impose racial segregation at official events, and treated the Filipinos as social equals. Nellie Taft recalled that "neither politics nor race should influence our hospitality in any way".
McKinley was assassinated in September 1901, and was succeeded by Theodore Roosevelt. Taft and Roosevelt had first become friends around 1890 while Taft was Solicitor General and Roosevelt a member of the United States Civil Service Commission. Taft had, after McKinley's election, urged the appointment of Roosevelt as Assistant Secretary of the Navy, and watched as Roosevelt became a war hero, Governor of New York, and Vice President of the United States. They met again when Taft went to Washington in January 1902 to recuperate after two operations caused by an infection. There, Taft testified before the Senate Committee on the Philippines. Taft wanted Filipino farmers to have a stake in the new government through land ownership, but much of the arable land was held by Catholic religious orders of mostly Spanish priests, which were often resented by the Filipinos. Roosevelt had Taft go to Rome to negotiate with Pope Leo XIII, to purchase the lands and to arrange the withdrawal of the Spanish priests, with Americans replacing them and training locals as clergy. Taft did not succeed in resolving these issues on his visit to Rome, but an agreement on both points was made in 1903.
Secretary of War
In late 1902, Taft had heard from Roosevelt that a seat on the Supreme Court would soon fall vacant on the resignation of Justice George Shiras, and Roosevelt desired that Taft fill it. Although this was Taft's professional goal, he refused as he felt his work as governor was not yet done. The following year, Roosevelt asked Taft to become Secretary of War. As the War Department administered the Philippines, Taft would remain responsible for the islands, and Elihu Root, the incumbent, was willing to postpone his departure until 1904, allowing Taft time to wrap up his work in Manila. After consulting with his family, Taft agreed, and sailed for the United States in December 1903.
When Taft took office as Secretary of War in January 1904, he was not called upon to spend much time administering the army, which the president was content to do himself—Roosevelt wanted Taft as a troubleshooter in difficult situations, as a legal adviser, and to be able to give campaign speeches as he sought election in his own right. Taft strongly defended Roosevelt's record in his addresses, and wrote of the president's successful but strenuous efforts to gain election, "I would not run for president if you guaranteed the office. It is awful to be afraid of one's shadow."
Between 1905 and 1907, Taft came to terms with the likelihood he would be the next Republican nominee for president, though he did not plan to actively campaign for it. When Justice Henry Billings Brown resigned in 1906, Taft would not accept the seat although Roosevelt offered it, a position Taft held to when another seat opened in 1906. Edith Roosevelt, the First Lady, disliked the growing closeness between the two men, feeling that they were too much alike and that the president did not gain much from the advice of someone who rarely contradicted him.
Alternatively, Taft wanted to be chief justice, and kept a close eye on the health of the aging incumbent, Melville Fuller, who turned 75 in 1908. Taft believed Fuller likely to live many years. Roosevelt had indicated he was likely to appoint Taft if the opportunity came to fill the court's center seat, but some considered Attorney General Philander Knox a better candidate. In any event, Fuller remained chief justice throughout Roosevelt's presidency.
Through the 1903 separation of Panama from Colombia and the Hay–Bunau-Varilla Treaty, the United States had secured rights to build a canal in the Isthmus of Panama. Legislation authorizing construction did not specify which government department would be responsible, and Roosevelt designated the Department of War. Taft journeyed to Panama in 1904, viewing the canal site and meeting with Panamanian officials. The Isthmian Canal Commission had trouble keeping a chief engineer, and when in February 1907 John F. Stevens submitted his resignation, Taft recommended an army engineer, George W. Goethals. Under Goethals, the project moved ahead smoothly.
Presidential election of 1908
Gaining the nomination
Roosevelt had served almost three and a half years of McKinley's term. On the night of his own election in 1904, Roosevelt publicly declared that he would not run for reelection in 1908, a pledge he quickly regretted. But he felt bound by his word. Roosevelt believed Taft was his logical successor, although the War Secretary had initially been reluctant to run. Roosevelt used his control of the party machinery to aid his heir apparent. On pain of the loss of their jobs, political appointees were required to support Taft or remain silent.
A number of Republican politicians, such as Treasury Secretary George Cortelyou, tested the waters for a run but chose to stay out. New York Governor Charles Evans Hughes ran, but when he made a major policy speech, Roosevelt the same day sent a special message to Congress warning in strong terms against corporate corruption. The resulting coverage of the presidential message relegated Hughes to the back pages. Roosevelt reluctantly deterred repeated attempts to draft him for another term.
Assistant Postmaster General Frank H. Hitchcock resigned from his office in February 1908 to lead the Taft effort. In April, Taft made a speaking tour, traveling as far west as Omaha before being recalled to straighten out a contested election in Panama. He had no serious opposition at the 1908 Republican National Convention in Chicago in June, and gained a first-ballot victory. Yet Taft did not have things his own way: he had hoped his running mate would be a midwestern progressive like Iowa senator Jonathan Dolliver, but instead the convention named Congressman James S. Sherman of New York, a conservative. Taft resigned as Secretary of War on June 30 to devote himself full-time to the campaign.
General election campaign
Taft's opponent in the general election was William Jennings Bryan, the Democratic nominee for the third time in four presidential elections. As many of Roosevelt's reforms stemmed from proposals by Bryan, the Democrat argued that he was the true heir to Roosevelt's mantle. Corporate contributions to federal political campaigns had been outlawed by the 1907 Tillman Act, and Bryan proposed that contributions by officers and directors of corporations be similarly banned, or at least disclosed when made. Taft was only willing to see the contributions disclosed after the election, and tried to ensure that officers and directors of corporations litigating with the government were not among his contributors.
Taft began the campaign on the wrong foot, fueling the arguments of those who said he was not his own man by traveling to Roosevelt's home at Sagamore Hill for advice on his acceptance speech, saying that he needed "the President's judgment and criticism". Taft supported most of Roosevelt's policies. He argued that labor had a right to organize, but not boycott, and that corporations and the wealthy must also obey the law. Bryan wanted the railroads to be owned by the government, but Taft preferred that they remain in the private sector, with their maximum rates set by the Interstate Commerce Commission, subject to judicial review. Taft attributed blame for the recent recession, the Panic of 1907, to stock speculation and other abuses, and felt some reform of the currency (the U.S. was on the gold standard) was needed to allow flexibility in the government's response to poor economic times, that specific legislation on trusts was needed to supplement the Sherman Antitrust Act, and that the constitution should be amended to allow for an income tax, thus overruling decisions of the Supreme Court striking such a tax down. Roosevelt's expansive use of executive power had been controversial; Taft proposed to continue his policies, but place them on more solid legal underpinnings through the passage of legislation.
Taft upset some progressives by choosing Frank Harris Hitchcock as chairman of the Republican National Committee (RNC), placing him in charge of the presidential campaign. Hitchcock was quick to bring in men closely allied with big business. Taft took an August vacation in Hot Springs, Virginia, where he irritated political advisors by spending more time on golf than strategy. After seeing a newspaper photo of Taft taking a large swing at a golf ball, Roosevelt warned him against candid shots.
Roosevelt, frustrated by his own relative inaction, showered Taft with advice, fearing that the electorate would not appreciate Taft's qualities, and that Bryan would win. Roosevelt's supporters spread rumors that the president was in effect running Taft's campaign. This annoyed Nellie Taft, who never trusted the Roosevelts. Nevertheless, Roosevelt supported the Republican nominee with such enthusiasm that humorists suggested "TAFT" stood for "Take advice from Theodore".
Presidency (1909–1913)
Inauguration and appointments
Taft was sworn in as president on March 4, 1909. Due to a winter storm that coated Washington with ice, Taft was inaugurated within the Senate Chamber rather than outside the Capitol as is customary. The new president stated in his inaugural address that he had been honored to have been "one of the advisers of my distinguished predecessor" and to have had a part "in the reforms he has initiated. I should be untrue to myself, to my promises, and to the declarations of the party platform on which I was elected if I did not make the maintenance and enforcement of those reforms a most important feature of my administration". He pledged to make those reforms long-lasting, ensuring that honest businessmen did not suffer uncertainty through change of policy. He spoke of the need to reduce the 1897 Dingley tariff, of the need for antitrust reform, and for continued advancement of the Philippines toward full self-government. Roosevelt left office with regret that his tenure in the position he enjoyed so much was over and, to keep out of Taft's way, arranged for a year-long hunting trip to Africa.
Soon after the Republican convention, Taft and Roosevelt had discussed which cabinet officers would stay on. Taft kept only Agriculture Secretary James Wilson and Postmaster General George von Lengerke Meyer (who was transferred to the Navy Department). Others appointed to the Taft cabinet included Philander Knox, who had served under McKinley and Roosevelt as Attorney General, as the new Secretary of State, and Franklin MacVeagh as Treasury Secretary.
Taft did not enjoy the easy relationship with the press that Roosevelt had, choosing not to offer himself for interviews or photo opportunities as often as his predecessor had. His administration marked a change in style from the charismatic leadership of Roosevelt to Taft's quieter passion for the rule of law.
First Lady's illness
Early in Taft's term, in May 1909, his wife Nellie had a severe stroke that left her paralyzed in one arm and one leg and deprived her of the power of speech. Taft spent several hours each day looking after her and teaching her to speak again, which took a year.
Foreign policy
Taft made it a priority to restructure the State Department, noting, "it is organized on the basis of the needs of the government in 1800 instead of 1900." The department was for the first time organized into geographical divisions, including desks for the Far East, Latin America and Western Europe. The department's first in-service training program was established, and appointees spent a month in Washington before going to their posts. Taft and Secretary of State Knox had a strong relationship, and the president listened to his counsel on matters foreign and domestic. According to historian Paolo E. Coletta, Knox was not a good diplomat, and had poor relations with the Senate, press, and many foreign leaders, especially those from Latin America.
There was broad agreement between Taft and Knox on major foreign policy goals; the U.S. would not interfere in European affairs, and would use force if necessary to enforce the Monroe Doctrine in the Americas. The defense of the Panama Canal, which was under construction throughout Taft's term (it opened in 1914), guided United States foreign policy in the Caribbean and Central America. Previous administrations had made efforts to promote American business interests overseas, but Taft went a step further and used the web of American diplomats and consuls abroad to further trade. Such ties, Taft hoped, would promote world peace. Taft pushed for arbitration treaties with Great Britain and France, but the Senate was not willing to yield to arbitrators its constitutional prerogative to approve treaties.
At the time of Taft's presidency, protectionism through the use of tariffs was a fundamental position of the Republican Party. The Dingley Act tariff had been enacted to protect American industry from foreign competition. The 1908 party platform had supported unspecified revisions to the Dingley Act, and Taft interpreted this to mean reduction. Taft called a special session of Congress to convene on March 15, 1909, to deal with the tariff question.
Sereno E. Payne, chairman of the House Ways and Means Committee, had held hearings in late 1908, and sponsored the resulting draft legislation. On balance, the bill reduced tariffs slightly, but when it passed the House in April 1909 and reached the Senate, the chairman of the Senate Finance Committee, Rhode Island senator Nelson W. Aldrich, attached many amendments raising rates. This outraged progressives such as Wisconsin's Robert M. La Follette, who urged Taft to say that the bill was not in accord with the party platform. Taft refused, angering them. Taft insisted that most imports from the Philippines be free of duty, and according to Anderson, showed effective leadership on a subject he was knowledgeable on and cared about.
Domestic policies and politics
Taft continued and expanded Roosevelt's efforts to break up business combinations through lawsuits brought under the Sherman Antitrust Act, bringing 70 cases in four years (Roosevelt had brought 40 in seven years). Suits brought against the Standard Oil Company and the American Tobacco Company, initiated under Roosevelt, were decided in favor of the government by the Supreme Court in 1911. In June 1911, the Democrat-controlled House of Representatives began hearings into United States Steel (U.S. Steel). That company had been expanded under Roosevelt, who had supported its acquisition of the Tennessee Coal, Iron, and Railroad Company as a means of preventing the deepening of the Panic of 1907, a decision the former president defended when testifying at the hearings. Taft, as Secretary of War, had praised the acquisitions. Historian Louis L. Gould suggested that Roosevelt was likely deceived into believing that U.S. Steel did not want to purchase the Tennessee company, but it was in fact a bargain. For Roosevelt, questioning the matter went to his personal honesty.
In October 1911, Taft's Justice Department brought suit against U.S. Steel, demanding that over a hundred of its subsidiaries be granted corporate independence, and naming as defendants many prominent business executives and financiers. The pleadings in the case had not been reviewed by Taft, and alleged that Roosevelt "had fostered monopoly, and had been duped by clever industrialists". Roosevelt was offended by the references to him and his administration in the pleadings, and felt that Taft could not evade command responsibility by saying he did not know of them.
Taft sent a special message to Congress on the need for a revamped antitrust statute when it convened its regular session in December 1911, but it took no action. Another antitrust case that had political repercussions for Taft was that brought against the International Harvester Company, the large manufacturer of farm equipment, in early 1912. As Roosevelt's administration had investigated International Harvester, but had taken no action (a decision Taft had supported), the suit became caught up in Roosevelt's challenge for the Republican presidential nomination. Supporters of Taft alleged that Roosevelt had acted improperly; the former president blasted Taft for waiting three and a half years, and until he was under challenge, to reverse a decision he had supported.
Roosevelt was an ardent conservationist, assisted in this by like-minded appointees, including Interior Secretary James R. Garfield and Chief Forester Gifford Pinchot. Taft agreed with the need for conservation, but felt it should be accomplished by legislation rather than executive order. He did not retain Garfield, an Ohioan, as secretary, choosing instead a westerner, former Seattle mayor Richard A. Ballinger. Roosevelt was surprised at the replacement, believing that Taft had promised to keep Garfield, and this change was one of the events that caused Roosevelt to realize that Taft would choose different policies.
Judicial appointments
Taft made six appointments to the Supreme Court; only George Washington and Franklin D. Roosevelt made more. The death of Justice Rufus W. Peckham in October 1909 gave Taft his first opportunity. He chose an old friend and colleague from the Sixth Circuit, Horace H. Lurton of Georgia; he had in vain urged Theodore Roosevelt to appoint Lurton to the high court. Attorney General Wickersham objected that Lurton, a former Confederate soldier and a Democrat, was aged 65. Taft named Lurton anyway on December 13, 1909, and the Senate confirmed him by voice vote a week later. Lurton is still the oldest person to be made an associate justice. Lurie suggested that Taft, already beset by the tariff and conservation controversies, desired to perform an official act which gave him pleasure, especially since he thought Lurton deserved it.
Justice David Josiah Brewer's death on March 28, 1910, gave Taft a second opportunity to fill a seat on the high court; he chose New York Governor Charles Evans Hughes. Taft told Hughes that should the chief justiceship fall vacant during his term, Hughes would be his likely choice for the center seat. The Senate quickly confirmed Hughes, but then Chief Justice Fuller died on July 4, 1910. Taft took five months to replace Fuller, and when he did, it was with Justice Edward Douglass White, who became the first associate justice to be promoted to chief justice. According to Lurie, Taft, who still had hopes of being chief justice, may have been more willing to appoint an older man than he (White) than a younger one (Hughes), who might outlive him, as indeed Hughes did. To fill White's seat as associate justice, Taft appointed Willis Van Devanter of Wyoming, a federal appeals judge. By the time Taft nominated White and Van Devanter in December 1910, he had another seat to fill due to William Henry Moody's retirement because of illness; he named a Louisiana Democrat, Joseph R. Lamar, whom he had met while playing golf, and had subsequently learned had a good reputation as a judge.
With the death of Justice Harlan in October 1911, Taft got to fill a sixth seat on the Supreme Court. After Secretary Knox declined appointment, Taft named Chancellor of New Jersey Mahlon Pitney. Pitney had a stronger anti-labor record than Taft's other appointments, and was the only one to meet opposition, winning confirmation by a Senate vote of 50–26.
Taft appointed 13 judges to the federal courts of appeal and 38 to the United States district courts. He also appointed judges to various specialized courts, including the first five appointees each to the United States Commerce Court and the United States Court of Customs Appeals. The Commerce Court, created in 1910, stemmed from a Taft proposal for a specialized court to hear appeals from the Interstate Commerce Commission. There was considerable opposition to its establishment, which only grew when one of its judges, Robert W. Archbald, was in 1912 impeached for corruption and removed by the Senate the following January. Taft vetoed a bill to abolish the court, but the respite was short-lived as Woodrow Wilson signed similar legislation in October 1913.
1912 presidential campaign and election
During Roosevelt's fifteen months beyond the Atlantic, from March 1909 to June 1910, neither man wrote much to the other. Taft biographer Lurie suggested that each expected the other to make the first move to re-establish their relationship on a new footing. Upon Roosevelt's triumphant return, Taft invited him to stay at the White House. The former president declined, and in private letters to friends expressed dissatisfaction at Taft's performance. Taft and Roosevelt met twice in 1910; the meetings, though outwardly cordial, did not display their former closeness. Nevertheless, he wrote that he expected Taft to be renominated by the Republicans in 1912, and did not speak of himself as a candidate.
Roosevelt gave a series of speeches in the West in the late summer and early fall of 1910 in which he severely criticized the nation's judiciary. He not only attacked the Supreme Court's 1905 decision Lochner v. New York, he accused the federal courts of undermining democracy, branding the suspect jurists "fossilized judges", and comparing their tendency to strike down progressive reform legislation to Justice Roger Taney's ruling in Dred Scott v. Sandford (1857). To ensure that the constitution served the public interest, Roosevelt joined other progressives, including the Democrat William Jennings Bryan, in calling for "judicial recall", which would theoretically enable popular majorities to remove judges from office by referendum and, in some cases, reverse unpopular judicial decisions. This attack horrified Taft, who, though he privately agreed that Lochner and other decisions had been poorly decided, adamantly believed in the importance of judicial authority to constitutional government. His personal horror was shared by other prominent members of the nation's elite legal community, like Elihu Root and Alton B. Parker, and solidified in Taft's mind that Roosevelt must not be permitted to regain the presidency, whatever the cost.
In addition to the judicial issue, Roosevelt called for "elimination of corporate expenditures for political purposes, physical valuation of railroad properties, regulation of industrial combinations, establishment of an export tariff commission, a graduated income tax", and "workmen's compensation laws, state and national legislation to regulate the [labor] of women and children, and complete publicity of campaign expenditure". According to John Murphy, "As Roosevelt began to move to the left, Taft veered to the right."
During the 1910 midterm election campaign, Roosevelt involved himself in New York politics. With donations and influence, Taft meanwhile tried to secure the election of Ohio's Republican gubernatorial nominee, former lieutenant governor Warren G. Harding. The Republicans suffered losses in the 1910 elections as the Democrats took control of the House and slashed the Republican majority in the Senate. In New Jersey, Democrat Woodrow Wilson was elected governor, and Harding lost in Ohio.
Return to Yale (1913–1921)
With no pension or other compensation to expect from the government after leaving the White House, Taft contemplated a return to the practice of law, from which he had long been absent. Given that Taft had appointed many federal judges, including a majority of the Supreme Court, this would raise questions of conflict of interest at every federal court appearance. He was saved from this by Yale Law School's offer to appoint him Kent Professor of Law and Legal History. He accepted, and after a month's vacation in Georgia, arrived in New Haven on April 1, 1913, to a rapturous reception. As it was too late in the semester for him to give an academic course, he instead prepared eight lectures on "Questions of Modern Government", which he delivered in May. In June, he was initiated as an honorary member of the campus chapter of the Acacia fraternity. He earned money with paid speeches and with articles for magazines, and would end his eight years out of office having increased his savings. While at Yale, he wrote the treatise, Our Chief Magistrate and His Powers (1916).
Taft had been made president of the Lincoln Memorial Commission while still in office; when Democrats proposed removing him for one of their party, he quipped that unlike losing the presidency, such a removal would hurt. The architect, Henry Bacon, wanted to use Colorado-Yule marble, while southern Democrats urged using Georgia marble. Taft lobbied for the western stone, and the matter was submitted to the Commission of Fine Arts, which supported Taft and Bacon. The project went forward; Taft would dedicate the Lincoln Memorial as chief justice in 1922. In 1913, Taft was elected to a one-year term as president of the American Bar Association (ABA), a trade group of lawyers. He removed opponents, such as Louis Brandeis and University of Pennsylvania Law School dean William Draper Lewis (a supporter of the Progressive Party) from committees. At a 1913 ABA meeting in Montreal, Taft delivered remarks that harshly criticized direct election as a method of judicial selection in U.S. states (regardless of whether elections were partisan), and urged states holding such elections to return to appointive systems for judicial selection.
Taft maintained a cordial relationship with Wilson. He privately criticized his successor on a number of issues, but made his views known publicly only on Philippine policy. Taft was appalled when, after Justice Lamar's death in January 1916, Wilson nominated Brandeis, whom Taft had never forgiven for his role in the Ballinger–Pinchot affair. Within days of Brandeis's nomination, Taft began organizing opposition to it among the leadership of the American Bar Association. During Brandeis's near-unprecedented confirmation hearings, Taft and six other past ABA presidents sent the Senate Judiciary Committee a joint letter declaring strong opposition to the nomination, citing Brandeis's "reputation, character and professional career". Taft called the nomination "an evil disgrace". Brandeis was confirmed. After joining the Court, Taft came to respect and like Brandeis as a colleague.
Chief Justice (1921–1930)
Appointment
During the 1920 election campaign, Taft supported the Republican ticket—Harding (by then a senator) and Massachusetts Governor Calvin Coolidge; they were elected. Taft was among those asked to come to the president-elect's home in Marion, Ohio, to advise him on appointments, and the two men conferred there on December 24, 1920. By Taft's later account, after some conversation, Harding casually asked if Taft would accept appointment to the Supreme Court; if Taft would, Harding would appoint him. Taft had a condition for Harding—having served as president, and having appointed two of the present associate justices and opposed Brandeis, he could accept only the chief justice position. Harding made no response, and Taft in a thank-you note reiterated the condition and stated that Chief Justice White had often told him he was keeping the position for Taft until a Republican held the White House. In January 1921, Taft heard through intermediaries that Harding planned to appoint him, if given the chance.
White by then was in failing health, but made no move to resign when Harding was sworn in on March 4, 1921. Taft called on the chief justice on March 26, and found White ill, but still carrying on his work and not talking of retiring. White did not retire, dying in office on May 19, 1921. Taft issued a tribute to the man he had appointed to the center seat and waited and worried if he would be White's successor. Despite widespread speculation that Taft would be the pick, Harding made no quick announcement. Taft was lobbying for himself behind the scenes, especially with the Ohio politicians who formed Harding's inner circle.
It later emerged that Harding had also promised former Utah senator George Sutherland a seat on the Supreme Court and was waiting in the expectation that another place would become vacant. Harding was also considering a proposal by Justice William R. Day to crown his career by being chief justice for six months before retiring. Taft felt, when he learned of this plan, that a short-term appointment would not serve the office well, and that once confirmed by the Senate, the memory of Day would grow dim. After Harding rejected Day's plan, Attorney General Harry Daugherty, who supported Taft's candidacy, urged him to fill the vacancy, and he named Taft on June 30, 1921. The Senate confirmed Taft the same day, 61–4, without any committee hearings and after a brief debate in executive session. Taft drew the objections of three progressive Republicans and one southern Democrat. When he was sworn in on July 11, he became the first and to date only person to serve both as president and chief justice.
Jurisprudence
The Supreme Court under Taft compiled a conservative record in Commerce Clause jurisprudence. This had the practical effect of making it difficult for the federal government to regulate industry, and the Taft Court also scuttled many state laws. The few liberals on the court—Brandeis, Holmes, and (from 1925) Harlan Fiske Stone—sometimes protested, believing orderly progress essential, but often joined in the majority opinion.
The White Court had, in 1918, struck down an attempt by Congress to regulate child labor in Hammer v. Dagenhart. Congress thereafter attempted to end child labor by imposing a tax on certain corporations making use of it. That law was overturned by the Supreme Court in 1922 in Bailey v. Drexel Furniture Co., with Taft writing the court's opinion for an 8–1 majority. He held that the tax was not intended to raise revenue, but rather was an attempt to regulate matters reserved to the states under the Tenth Amendment, and that allowing such taxation would eliminate the power of the states. One case in which Taft and his court upheld federal regulation was Stafford v. Wallace. Taft ruled for a 7–1 majority that the processing of animals in stockyards was so closely tied to interstate commerce as to bring it within the ambit of Congress's power to regulate.
A case in which the Taft Court struck down regulation that generated a dissent from the chief justice was Adkins v. Children's Hospital. Congress had decreed a minimum wage for women in the District of Columbia. A 5–3 majority of the Supreme Court struck it down. Justice Sutherland wrote for the majority that the recently ratified Nineteenth Amendment, guaranteeing women the vote, meant that the sexes were equal when it came to bargaining power over working conditions; Taft, in dissent, deemed this unrealistic. Taft's dissent in Adkins was rare both because he authored few dissents, and because it was one of the few times he took an expansive view of the police power of the government.
In 1922, Taft ruled for a unanimous court in Balzac v. Porto Rico. One of the Insular Cases, Balzac involved a Puerto Rico newspaper publisher who was prosecuted for libel but denied a jury trial, a Sixth Amendment protection under the constitution. Taft held that as Puerto Rico was not a territory designated for statehood, only such constitutional protections as Congress decreed would apply to its residents.
In 1926, Taft wrote for a 6–3 majority in Myers v. United States that Congress could not require the president to get Senate approval before removing an appointee. Taft noted that there is no restriction of the president's power to remove officials in the Constitution. Although Myers involved the removal of a postmaster, Taft in his opinion found invalid the repealed Tenure of Office Act, for violation of which his presidential predecessor, Andrew Johnson, had been impeached, though acquitted by the Senate. Taft valued Myers as his most important opinion.
Administration and political influence
Taft exercised the power of his position to influence the decisions of his colleagues, urging unanimity and discouraging dissents. Alpheus Mason, in his article on Chief Justice Taft for the American Bar Association Journal, contrasted Taft's expansive view of the role of the chief justice with the narrow view of presidential power he took while in that office. Taft saw nothing wrong with making his views on possible appointments to the Court known to the White House, and was annoyed to be criticized in the press. He was initially a firm supporter of President Coolidge after Harding's death in 1923, but became disillusioned with Coolidge's appointments to office and to the bench; he had similar misgivings about Coolidge's successor, Herbert Hoover. Taft advised the Republican presidents in office while he was chief justice to avoid "offside" appointments like Brandeis and Holmes. Nevertheless, by 1923, Taft was writing of his liking for Brandeis, whom he deemed a hard worker, and Holmes walked to work with him until age and infirmity required an automobile.
Believing that the Chief Justice should be responsible for the federal courts, Taft felt that he should have an administrative staff to assist him, and the chief justice should be empowered to temporarily reassign judges. He also believed the federal courts had been ill-run. Many of the lower courts had lengthy backlogs, as did the Supreme Court. Immediately on taking office, Taft made it a priority to confer with Attorney General Daugherty as to new legislation, and made his case before congressional hearings, in legal periodicals and in speeches across the country. When Congress convened in December 1921, a bill was introduced for 24 new judges, to empower the Chief Justice to move judges temporarily to eliminate the delays, and to have him chair a body consisting of the senior appellate judge of each circuit. Congress objected to some aspects, requiring Taft to get the agreement of the senior judge of each involved circuit before assigning a judge, but it passed the bill in September 1922, and the Judicial Conference of Senior Circuit Judges held its first meeting that December.
The Supreme Court's docket was congested, swelled by war litigation and laws that allowed a party defeated in the circuit court of appeals to have the case decided by the Supreme Court if a constitutional question was involved. Taft believed an appeal should usually be settled by the circuit court, with only cases of major import decided by the justices. He and other Supreme Court members proposed legislation to make most of the Court's docket discretionary, with a case getting full consideration by the justices only if they granted a writ of certiorari. To Taft's frustration, Congress took three years to consider the matter. Taft and other members of the Court lobbied for the bill in Congress, and the Judges' Bill became law in February 1925. By late the following year, Taft was able to show that the backlog was shrinking.
Declining health and death
Taft is remembered as the heaviest president; he was 5 feet 11 inches (1.80 m) tall and his weight peaked at 335–340 pounds (152–154 kg) toward the end of his presidency, although by 1929 he weighed 244 pounds (111 kg). By the time Taft became chief justice in 1921, his health was starting to decline, and he carefully planned a fitness regimen, walking 3 miles (4.8 km) from his home to the Capitol each day. When he walked back, he would usually go by way of Connecticut Avenue and use a particular crossing over Rock Creek. After his death, the crossing was named the Taft Bridge.
Taft followed a weight loss program and hired the British doctor N. E. Yorke-Davies as a dietary advisor. The two men corresponded regularly for over twenty years, and Taft kept a daily record of his weight, food intake, and physical activity.
At Hoover's inauguration on March 4, 1929, Taft recited part of the oath incorrectly, later writing, "my memory is not always accurate and one sometimes becomes a little uncertain", misquoting again in that letter, differently. His health gradually declined over the near-decade of his chief justiceship. Worried that if he retired his replacement would be chosen by President Herbert Hoover, whom he considered too progressive, he wrote his brother Horace in 1929, "I am older and slower and less acute and more confused. However, as long as things continue as they are, and I am able to answer to my place, I must stay on the court in order to prevent the Bolsheviki from getting control".
Taft insisted on going to Cincinnati to attend the funeral of his brother Charles, who died on December 31, 1929; the strain did not improve his own health. When the court reconvened on January 6, 1930, Taft had not returned to Washington, and two opinions were delivered by Van Devanter that Taft had drafted but had been unable to complete because of his illness. Taft went to Asheville, North Carolina, for a rest, but by the end of January, he could barely speak and was hallucinating. Taft was afraid that Stone would be made chief justice; he did not resign until he had secured assurances from Hoover that Hughes would be chosen. Taft resigned as chief justice on February 3, 1930. Returning to Washington after his resignation, Taft had barely enough physical or emotional strength to sign a reply to a letter of tribute from the eight associate justices. He died at his home in Washington, D.C., on March 8, 1930, at age 72, likely of heart disease, inflammation of the liver, and high blood pressure.
Legacy and historical view
Lurie argued that Taft did not receive the public credit for his policies that he should have. Few trusts had been broken up under Roosevelt (although the lawsuits received much publicity). Taft, more quietly than his predecessor, filed many more cases than did Roosevelt, and rejected his predecessor's contention that there was such a thing as a "good" trust. This lack of flair marred Taft's presidency; according to Lurie, Taft "was boring—honest, likable, but boring". Scott Bomboy for the National Constitution Center wrote that despite being "one of the most interesting, intellectual, and versatile presidents ... a chief justice of the United States, a wrestler at Yale, a reformer, a peace activist, and a baseball fan ... today, Taft is best remembered as the president who was so large that he got stuck in the White House bathtub", a story that is not true. Taft similarly has remained known for another physical characteristic—as the last president with facial hair.
Mason called Taft's years in the White House "undistinguished". Coletta deemed Taft to have had a solid record of bills passed by Congress, but felt he could have accomplished more with political skill. Anderson noted that Taft's prepresidential federal service was entirely in appointed posts, and that he had never run for an important executive or legislative position, which would have allowed him to develop the skills to manipulate public opinion, as "the presidency is no place for on-the-job training". According to Coletta, "in troubled times in which the people demanded progressive change, he saw the existing order as good."
Inevitably linked with Roosevelt, who chose him to be president and took it away, Taft generally falls in the former's shadow. Yet, a portrait of Taft as a victim of betrayal by his best friend is incomplete: as Coletta put it, "Was he a poor politician because he was victimized or because he lacked the foresight and imagination to notice the storm brewing in the political sky until it broke and swamped him?" Adept at using the levers of power in a way his successor could not, Roosevelt generally got what was politically possible out of a situation. Taft was generally slow to act, and when he did, his actions often generated enemies, as in the Ballinger–Pinchot affair. Roosevelt was able to secure positive coverage in the newspapers; Taft was reticent talking to reporters, and, with no comment from the White House, hostile journalists filled the gaps with quotes from Taft opponents. Roosevelt engraved in public memory the image of Taft as a James Buchanan-like figure, with a narrow view of the presidency that made him unwilling to act for the public good. Anderson noted that Roosevelt's Autobiography (which placed this view in enduring form) was published after both men had left the presidency (in 1913), was intended in part to justify Roosevelt's splitting of the Republican Party, and contains not a single positive reference to the man Roosevelt had hand-picked as his successor. While Roosevelt was biased, he was not alone: every major newspaper reporter of that time who left reminiscences of Taft's presidency was critical of him. Taft replied to his predecessor's criticism with his constitutional treatise on the powers of the presidency.