Joseph Philo Bradley

Joseph Philo Bradley (March 14, 1813 – January 22, 1892), was an American jurist, best known for his service on the United States Supreme Court, and on the Electoral Commission that decided the disputed 1876 presidential election.

Supreme Court Jurisprudence

Bradley took a broad view of the national government's powers under the Commerce Clause but interpreted the Fourteenth Amendment somewhat narrowly, as did much of the rest of the court. He authored the majority opinion in the Civil Rights Cases of 1883 but was among the four dissenters in the Slaughterhouse Cases in 1873. His interpretation of the Fourteenth amendment in both cases remained the basis for subsequent rulings through the modern era.

Related Topics:
Commerce Clause - Fourteenth Amendment - Civil Rights Cases - 1883 - Slaughterhouse Cases - 1873

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Bradley dissented in , which though not racially motivated was another due process case arising from the Fourteenth Amendment. In his dissent, Bradley argued that the majority had in siding with the railroad created a situation where the reasonableness of an act of a state legislature was a judicial question, subjugating the legislature to the will of the judiciary. Bradley's opinion in this case is echoed in modern arguments regarding judicial activism.

Related Topics:
Due process - Fourteenth Amendment - Judicial activism

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Bradley also wrote the notable 1890 opinion in Hans v. Louisiana, holding that a state could not be sued in a federal court by one of its own citizens.

Related Topics:
1890 - Hans v. Louisiana - Federal court

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