Hugo Black facts for kids

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Quick facts for kids Hugo Black
Black in 1937

Associate Justice of the Supreme Court of the United States
In office August 19, 1937 – September 17, 1971
Nominated by	Franklin D. Roosevelt
Preceded by	Willis Van Devanter
Succeeded by	Lewis F. Powell Jr.
Chair of the Senate Education Committee
In office January 3, 1937 – August 19, 1937
Preceded by	David Walsh
Succeeded by	Elbert Thomas
Secretary of the Senate Democratic Conference
In office May 1, 1927 – August 18, 1937
Leader	Joseph Taylor Robinson
Preceded by	William H. King
Succeeded by	Joshua B. Lee
United States Senator from Alabama
In office March 4, 1927 – August 19, 1937
Preceded by	Oscar Underwood
Succeeded by	Dixie Graves

Personal details
Born	Hugo Lafayette Black (1886-02-27)February 27, 1886 Harlan, Alabama, U.S.
Died	September 25, 1971(1971-09-25) (aged 85) Bethesda, Maryland, U.S.
Resting place	Arlington National Cemetery
Political party	Democratic
Spouses	Josephine Foster (m. 1921; died 1951) Elizabeth DeMeritte (m. 1957)
Children	3, including Hugo and Sterling
Education	University of Alabama (LLB)
Signature
Military service
Allegiance	United States
Branch/service	United States Army
Rank	Captain
Unit	81st Field Artillery Regiment
Battles/wars	World War I

Hugo Lafayette Black (born February 27, 1886 – died September 25, 1971) was an important American lawyer, politician, and judge. He served as a U.S. Senator for Alabama from 1927 to 1937. Later, he became an Associate Justice on the U.S. Supreme Court from 1937 until 1971. He was a member of the Democratic Party and strongly supported President Franklin D. Roosevelt's New Deal programs.

Early in his life, Hugo Black was briefly a member of the Ku Klux Klan, a group known for its harmful and discriminatory views. However, he publicly stated that he left the organization before becoming a Senator and had no further connection to it. During his long career on the Supreme Court, Justice Black became known for his strong defense of individual rights and liberties for all Americans, often working to ensure fair treatment under the law. He is remembered as one of the most influential Supreme Court justices of the 20th century.

Early Life and Education
- Family Life
Serving in the Senate
Appointment to the Supreme Court
Supreme Court Career
- Protecting Rights in the 1950s and Beyond
Understanding Black's Legal Philosophy
Retirement and Passing
Legacy and Recognition
See also

Early Life and Education

Hugo Black was born in Harlan, Clay County, Alabama, on February 27, 1886. He was the youngest of eight children. In 1890, his family moved to Ashland, Alabama, the county seat. His family had a Baptist background.

Black attended Ashland College and then studied law at the University of Alabama School of Law. He earned his law degree in 1906 and started practicing law in Ashland. In 1907, Black moved to Birmingham, Alabama, a growing city. There, he built a successful law practice, focusing on labor law and cases involving personal injuries.

Black served as a police court judge for a short time in Birmingham, which was his only judicial experience before joining the Supreme Court. In 1914, he became the Jefferson County Prosecuting Attorney for four years.

During World War I, Black joined the United States Army. He served in the 81st Field Artillery Regiment and became a captain. The war ended before his unit went overseas, and he returned to practicing law. He was also an active member of the Birmingham Civitan Club throughout his life.

Family Life

On February 23, 1921, Black married Josephine Foster. They had three children: Hugo L. Black, II, Sterling Foster, and Martha Josephine. Josephine passed away in 1951. In 1957, Black married Elizabeth Seay DeMeritte.

Serving in the Senate

Black during his Senate tenure

In 1926, Black was elected to the United States Senate representing Alabama. He easily won because the Democratic Party was very strong in Alabama at that time. He was reelected in 1932.

As a Senator, Black became known for his thorough investigations. For example, in 1934, he led a committee that looked into contracts given to air mail carriers. This investigation led to new laws to prevent unfair practices. He also pushed for laws requiring lobbyists to register their names and salaries publicly.

In 1935, during the Great Depression, Black became the chairman of the Senate Committee on Education and Labor. He used this position to advocate for important changes. He spoke out against powerful groups trying to influence laws.

In 1937, he supported a bill that aimed to create a national minimum wage and a maximum workweek. Although the bill changed a bit, it eventually became the Fair Labor Standards Act in 1938, which helped many workers.

Black was a strong supporter of President Franklin D. Roosevelt and his New Deal programs. He believed that the Supreme Court at the time was unfairly blocking laws passed by Congress. During his time in the Senate, Black, like many Southern politicians of his era, did not support federal laws against lynching, believing it was a matter for states to handle.

Appointment to the Supreme Court

1937 poster protesting Black's appointment as Associate Supreme Court Justice due to his Klan background

In 1937, President Roosevelt had his first chance to appoint a new Supreme Court justice. He chose Hugo Black, who was a strong supporter of the New Deal and came from the South.

On August 12, 1937, Roosevelt nominated Black. Traditionally, senators nominated for such positions were quickly confirmed. However, Black's nomination faced criticism, especially when his past membership in the Ku Klux Klan became public. Despite the concerns, the Senate confirmed his appointment by a vote of 63 to 16 on August 17, 1937. He was sworn into office on August 19, 1937.

After his confirmation, Black publicly addressed his past Klan membership. He stated that he had joined the Klan but had resigned before becoming a Senator and had no further association with the group. He emphasized his commitment to protecting the rights of all people under the Constitution. His later decisions on the Supreme Court, especially those supporting African Americans' rights, helped to ease some of the initial concerns.

Supreme Court Career

Justice Robert H. Jackson, with whom Black had disagreements.

As soon as Black joined the Supreme Court, he worked to ensure the Court respected the laws passed by Congress and state legislatures. He believed the Court's role was to interpret the Constitution as it was written, not to create new laws. Many New Deal laws that might have been struck down earlier were upheld with his support.

During the mid-1940s, Justice Black had disagreements with Justice Robert H. Jackson over certain cases and court procedures. These differences were eventually resolved. From 1945 until 1971, Black was the longest-serving associate justice on the Supreme Court.

Protecting Rights in the 1950s and Beyond

The 1950s was a time of strong feelings against communism in the United States. The Supreme Court heard cases about laws passed during this period. In some cases, Black disagreed with laws that he felt limited First Amendment rights, like freedom of speech. He believed that "no law" meant exactly that – no law should limit these freedoms.

Black also strongly believed in the strict separation of church and state. In a famous case, Engel v. Vitale (1962), he wrote the main opinion that said state-sponsored prayer in public schools was unconstitutional. This decision caused a lot of debate but showed his commitment to keeping government and religion separate.

While he often voted with the more liberal judges, Black sometimes took a different path. For example, in the case of Griswold v. Connecticut (1965), he disagreed with the idea that the Constitution included a hidden 'right to privacy'. He believed that if such a right was important, it should be clearly written into the Constitution through an amendment, not found by judges.

Understanding Black's Legal Philosophy

Hugo Black is often described as a "textualist" or "strict constructionist".

Justice Black's way of interpreting the law was very unique and influential. His approach had three main parts: history, literalism, and absolutism.

History: Black loved history and believed that understanding the past was key to avoiding mistakes. He thought judges should learn from history to prevent too much power from being held by a few.
Literalism: He believed in using the exact words of the Constitution to guide decisions. For Black, the Supreme Court's job was limited to what the Constitution clearly said. He often reminded his fellow judges that the Constitution could be changed by amendments, not by judges.
Absolutism: Black believed in enforcing the rights in the Constitution fully, without trying to limit their meaning. He famously said about the Bill of Rights: "No law means no law." He saw the Bill of Rights as a vital shield against government overreach.

Black believed strongly in judicial restraint. This means judges should not make new laws but should stick to interpreting existing ones. He often criticized judges who he felt were creating laws instead of just applying them.

Textualism and Originalism

Black was known for his textualism, meaning he focused on the exact text of the Constitution. He was also seen as an originalist, believing judges should consider what the people who wrote the Constitution (the Framers) intended. He thought the Constitution's words were the final guide for any legal question.

For example, Black did not believe the Constitution allowed judges to abolish the death penalty. He pointed to parts of the Fifth and Fourteenth Amendments that mention "life" and "capital" crimes, suggesting the death penalty was understood to be allowed.

Flexibility in Interpretation

Sometimes, Black showed flexibility in his strict approach. For instance, in the case of Bolling v. Sharpe, which dealt with school desegregation, his decision seemed to go beyond a very strict reading of the Constitution. He explained that a wise judge sometimes has to choose a legal philosophy that allows them to reach fair results, even if it means being criticized for straying from their usual approach.

Federalism and State Power

Black believed in a broad view of legislative power for both states and the federal government. He often voted against judges overturning state laws. He supported a wider interpretation of the Commerce Clause, which gives Congress power to regulate trade.

However, Black also ruled against the federal government in some cases. For example, in South Carolina v. Katzenbach (1966), he disagreed with parts of the Voting Rights Act of 1965. He felt that requiring states to get federal approval for voting laws went too far and distorted the balance of power between states and the federal government.

Black was a strong supporter of the "one man, one vote" principle. This idea means that everyone's vote should count equally. In Wesberry v. Sanders (1964), he wrote the opinion that required congressional districts to have roughly equal populations.

Civil Rights and Equality

As a Senator, Black had opposed federal anti-lynching laws. However, during his time on the Supreme Court, his record became more supportive of the civil rights movement. He joined the unanimous decision in Brown v. Board of Education (1954), which declared racial segregation in public schools unconstitutional. He later pushed for "immediate desegregation" in schools.

During World War II, he wrote the main opinion in Korematsu v. United States (1944). This decision supported the government's order to intern Japanese Americans, which meant moving them to special camps.

While supporting civil rights, Black also believed strongly in maintaining public order. He thought that protests should follow strict rules and that changes should primarily come through laws passed by elected representatives. He believed that the First Amendment protected speech, but not all forms of conduct or actions, especially if they disrupted public order.

In a case called United States v. Price (1965), the Supreme Court, with Justice Black's support, made sure that members of the Ku Klux Klan accused of serious crimes would face trial. This showed his commitment to justice for all, regardless of their background.

First Amendment Freedoms

Black took a very strong, "absolutist" approach to the First Amendment, which protects freedoms like speech and the press. He believed that the words "Congress shall make no law..." meant exactly that – no law should limit these freedoms. He rejected ideas that allowed the government to restrict speech based on national security or other reasons.

He also believed the First Amendment created a "wall of separation" between church and state. He wrote important opinions, like in Everson v. Board of Education (1947), which said that the government could not establish a religion. In Engel v. Vitale (1962), he wrote the opinion that made state-required prayers in public schools unconstitutional.

Black was a leading defender of a free press. In New York Times Co. v. United States (1971), he voted to allow newspapers to publish the Pentagon Papers, even though the government argued it would harm national security. He believed the press must be free to inform the public about government actions.

However, Black did not believe people had the right to speak or protest anywhere they wanted. He thought that "conduct" (actions) did not always deserve the same protection as "speech."

Bill of Rights and the States

One of Black's most important ideas was that the entire Bill of Rights should apply to state governments, not just the federal government. He argued that the Fourteenth Amendment, ratified in 1868, "incorporated" these rights, making them binding on the states. He pointed to the Privileges or Immunities Clause in the Fourteenth Amendment as the key.

While the Supreme Court never fully adopted Black's idea of "total incorporation," it did gradually apply almost all the rights in the Bill of Rights to the states over time, especially during the 1960s. This meant that states could not violate these fundamental rights.

Due Process Clause

Justice Black was known for rejecting the idea of "substantive due process." Many judges believed that the Due Process Clause protected not only fair procedures but also certain "fundamental rights." Black, however, thought this was too broad. He believed that "due process of law" simply meant that the government must follow the written laws and constitutional rules, ensuring fair procedures for everyone. He did not think judges should use this clause to create new rights not explicitly mentioned in the Constitution.

Equal Protection for All

By the late 1940s, Black believed that the Fourteenth Amendment's Equal Protection Clause was a constitutional rule against any state actions that unfairly discriminated based on race or a person's country of origin. He thought these groups deserved special attention from the courts to ensure fair treatment. He participated in decisions that struck down discriminatory laws against people from other countries.

However, Black believed that the Equal Protection Clause had a limited meaning. For example, he did not think it made poll taxes (fees to vote) unconstitutional, disagreeing with the Court's decision to strike them down in 1966. He felt the Court was creating new meanings for the clause rather than interpreting its original intent.

Retirement and Passing

Justice Black retired from the Supreme Court on September 17, 1971, due to health reasons. He had a stroke two days later and passed away on September 25, 1971.

His funeral services were held at the Washington National Cathedral. He was buried at Arlington National Cemetery. President Richard Nixon nominated Lewis F. Powell Jr. to take his place on the Supreme Court.

Legacy and Recognition

Hugo Black honored on a US postage stamp, issued on the 100th anniversary of birth,1986

Hugo Black was featured on the cover of Time magazine twice during his career. In 1986, he was honored on a 5¢ postage stamp issued by the United States Postal Service.

In 1987, a new courthouse building in Birmingham, Alabama, was named the "Hugo L. Black United States Courthouse" in his honor. His personal and judicial papers are kept at the Library of Congress for research. The University of Alabama School of Law also has a special collection dedicated to Justice Hugo Black.

Black served on the Supreme Court for thirty-four years, making him one of the longest-serving justices in its history. He was the senior (longest-serving) justice on the court for an impressive twenty-five years.