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SHIRAS, George Jr.: Difference between revisions

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In 1881, Shiras refused an offer of election to the United States Senate from the Pennsylvania State Legislature. He served as a Presidential elector in 1888.  
In 1881, Shiras refused an offer of election to the United States Senate from the Pennsylvania State Legislature. He served as a Presidential elector in 1888.  


President Benjamin Harrison nominated Shiras to the Supreme Court of the United States on July 19, 1892. The Senate confirmed the appointment on July 26, 1892. Upon receiving the nomination, Shiras declared his intention to retire after ten years on the Supreme Court, and he did so on February 23, 1903. At that time, he had 37 years of private legal practice, but had never judged a case. Shiras was the only Supreme Court justice, as of 2011, to have no record of public (political, governmental or judicial) service.
President Benjamin Harrison nominated Shiras to the Supreme Court of the United States on July 19, 1892. The Senate confirmed the appointment on July 26, 1892. Upon receiving the nomination, Shiras declared his intention to retire after ten years on the Supreme Court, and he did so on February 23, 1903. At that time, he had 37 years of private legal practice, but had never judged a case. Shiras was the only Supreme Court justice, as of 2011, to have no record of public (political, governmental or judicial) service.  Two factors were critical in his selection: first, he was from the same geographic section as his predecessor on the Court; and second, he had demonstrated independence of the anti‐Harrison faction of the Pennsylvania Republican party.


Shiras sat on the Court for more than 10 years authoring 253 majority decisions and 14 dissents. He is noted for his votes on two landmark cases, Pollock v. Farmers' Loan & Trust Co. (1895), and Plessy v. Ferguson (1896). He sided with the majority in the 5-4 decision in Pollock to strike down the Income Tax Act of 1894 as unconstitutional. Some historians believe Shiras was the pivotal Justice who switched his vote, while other historians suspect that it was either Justice Horace Gray or Justice David Brewer. The ruling in Pollock led to the need for a constitutional amendment to impose a federal income tax, and in 1913, the Sixteenth Amendment to the United States Constitution was ratified. Shiras also voted with the 7-1 majority in the infamous case Plessy v. Ferguson, a case which upheld the constitutionality of racial segregation under the doctrine of separate but equal, and which was not overruled until 1954.
Shiras sat on the Court for more than 10 years authoring 253 majority decisions and 14 dissents. He is noted for his votes on two landmark cases, Pollock v. Farmers' Loan & Trust Co. (1895), and Plessy v. Ferguson (1896). In Pollock, Shiras was condemned for switching his vote concerning the constitutionality of the income tax. When the first decision was issued, the Court was split 4-4 on the constitutionality of the federal income tax. On rehearing, dying Justice Howell Jackson attended oral argument and voted to uphold its constitutionality. Shiras changed his earlier vote, and voted with the majority to declare the income tax unconstitutional. There is some debate about whether Shiras was the pivotal member, but he has been blamed for necessitating the Sixteenth Amendment. The ruling in Pollock led to the need for a constitutional amendment to impose a federal income tax, and in 1913, the Sixteenth Amendment to the United States Constitution was ratified. Shiras also voted with the 7-1 majority in the infamous case Plessy v. Ferguson, a case which upheld the constitutionality of racial segregation under the doctrine of separate but equal, and which was not overruled until 1954.


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Source:
Source:
en.wikipedia.org/wiki/George_Shiras,_Jr.


http://www.supremecourthistory.org/history-of-the-court/associate-justices/george-shiras-jr-1892-1903/
http://www.supremecourthistory.org/history-of-the-court/associate-justices/george-shiras-jr-1892-1903/
www.nndb.com/people/885/000180345/www.michaelariens.com/ConLaw/justices/shiras.htm
http://www.fjc.gov/servlet/nGetInfo?jid=2181&cid=999&ctype=na&instate=na


[[Category: Lawyers and Judges]]
[[Category: Lawyers and Judges]]

Revision as of 19:10, 18 February 2012

Photo and article courtesy: John Pregler

SHIRAS, George, Jr. (Pittsburgh,PA, Jan. 26, 1832--Pittsburgh, PA, Aug. 2, 1924). The brother of Oliver Perry SHIRAS, George began his college education at Ohio University, and after two years transferred to Yale. He received his undergraduate degree in 1853. Shiras enrolled in Yale Law School, but soon left New Haven to read law in Pittsburgh. Shiras was admitted to the bar in 1855.

George entered practice with his brother in Dubuque from 1855 to 1858. He returned to Pittsburgh three years later and joined a law firm, where he specialized in railroad and corporate law. Shiras practiced law for thirty-seven years.

In 1881, Shiras refused an offer of election to the United States Senate from the Pennsylvania State Legislature. He served as a Presidential elector in 1888.

President Benjamin Harrison nominated Shiras to the Supreme Court of the United States on July 19, 1892. The Senate confirmed the appointment on July 26, 1892. Upon receiving the nomination, Shiras declared his intention to retire after ten years on the Supreme Court, and he did so on February 23, 1903. At that time, he had 37 years of private legal practice, but had never judged a case. Shiras was the only Supreme Court justice, as of 2011, to have no record of public (political, governmental or judicial) service. Two factors were critical in his selection: first, he was from the same geographic section as his predecessor on the Court; and second, he had demonstrated independence of the anti‐Harrison faction of the Pennsylvania Republican party.

Shiras sat on the Court for more than 10 years authoring 253 majority decisions and 14 dissents. He is noted for his votes on two landmark cases, Pollock v. Farmers' Loan & Trust Co. (1895), and Plessy v. Ferguson (1896). In Pollock, Shiras was condemned for switching his vote concerning the constitutionality of the income tax. When the first decision was issued, the Court was split 4-4 on the constitutionality of the federal income tax. On rehearing, dying Justice Howell Jackson attended oral argument and voted to uphold its constitutionality. Shiras changed his earlier vote, and voted with the majority to declare the income tax unconstitutional. There is some debate about whether Shiras was the pivotal member, but he has been blamed for necessitating the Sixteenth Amendment. The ruling in Pollock led to the need for a constitutional amendment to impose a federal income tax, and in 1913, the Sixteenth Amendment to the United States Constitution was ratified. Shiras also voted with the 7-1 majority in the infamous case Plessy v. Ferguson, a case which upheld the constitutionality of racial segregation under the doctrine of separate but equal, and which was not overruled until 1954.

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Source:

en.wikipedia.org/wiki/George_Shiras,_Jr.

http://www.supremecourthistory.org/history-of-the-court/associate-justices/george-shiras-jr-1892-1903/

www.nndb.com/people/885/000180345/www.michaelariens.com/ConLaw/justices/shiras.htm

http://www.fjc.gov/servlet/nGetInfo?jid=2181&cid=999&ctype=na&instate=na