Joseph McKenna

Joseph McKenna
Portrait by C. M. Bell, c. 1905–1909
Joseph McKenna
Born	10 8, 1843
Birthplace	Philadelphia, Pennsylvania, U.S.
Died	Template:Death date and age Washington, D.C., U.S.
Nationality	American
Occupation	Politician, jurist
Known for	Associate Justice of the Supreme Court of the United States; U.S. Attorney General; U.S. Representative from California
Education	Saint Joseph's University
Spouse(s)	Amanda Borneman

Joseph McKenna (August 10, 1843 – November 21, 1926) was an American politician and jurist who held positions in all three branches of the United States federal government over the course of a career spanning more than five decades. Born in Philadelphia to Irish immigrant parents, McKenna rose from modest origins to serve as a district attorney in California, a member of the California State Assembly, a four-term United States Representative, a judge on the United States Court of Appeals for the Ninth Circuit, the 42nd Attorney General of the United States under President William McKinley, and finally as an Associate Justice of the Supreme Court of the United States from 1898 to 1925. McKenna is one of seventeen members of the House of Representatives who subsequently served on the Supreme Court, a distinction shared with two Chief Justices. His nearly twenty-seven years on the nation's highest bench placed him at the center of some of the most consequential legal debates of the Progressive Era. He succeeded Stephen Field on the Court and was himself succeeded by Harlan Fiske Stone upon his retirement in 1925.

Early Life

Joseph McKenna was born on August 10, 1843, in Philadelphia, Pennsylvania, the son of Irish immigrants who had settled in the United States during a period of significant Irish emigration. His family relocated westward when McKenna was young, eventually settling in California, which at the time was rapidly growing due to the aftermath of the Gold Rush and the expansion of the transcontinental economy. The move to California proved formative for the young McKenna, who would build virtually his entire political and legal career in the state.

McKenna grew up in the town of Benicia, in Solano County, California, where his father worked as a baker. The family was Catholic, and McKenna's faith remained a significant aspect of his identity throughout his life. His upbringing was shaped by the values of hard work, education, and civic participation that were common among Irish-American communities of the period. Despite the family's limited financial means, McKenna's parents placed a high priority on their son's education, a commitment that would open the doors to his future in law and public service.

McKenna studied law and was admitted to the California bar, beginning the practice of law in Solano County. His entry into the legal profession came at a time when California's legal system was still maturing, and opportunities for ambitious young attorneys were plentiful. McKenna quickly demonstrated an aptitude for the law, and his abilities drew him into the sphere of local politics. In 1866, at the age of just twenty-three, he was elected District Attorney of Solano County, a position he held until 1868. This early foray into public office established McKenna's reputation as a capable and conscientious lawyer and set the stage for his subsequent political career.

Education

McKenna received his formal education at Saint Joseph's University in Philadelphia before his family's move to California. He subsequently studied law through the traditional method of reading law — studying legal texts and apprenticing with practicing attorneys — which was the common path to legal practice in the mid-nineteenth century, particularly in the western states. He was admitted to the bar in California and commenced the practice of law in Solano County, where he would soon establish himself as a prominent local attorney and officeholder.

Career

Early Political Career and California State Assembly

Following his tenure as District Attorney of Solano County from 1866 to 1868, McKenna pursued further opportunities in Republican Party politics in California. He was twice an unsuccessful candidate for election to the United States House of Representatives before winning a seat in the California State Assembly. He represented the 19th district in the California State Assembly from December 6, 1875, to December 3, 1877. His time in the state legislature provided McKenna with experience in the legislative process and helped him build the political relationships that would later prove essential to his career in national politics.

McKenna was an active member of the Republican Party in California during a period when the party was dominant in the state's politics. His connections within the party, including his friendship with Leland Stanford, the railroad magnate and senator, were instrumental in advancing his political ambitions. McKenna's alignment with the railroad interests of the era, while controversial in some quarters, was consistent with the broader economic and political orientation of California's Republican establishment during the Gilded Age.

United States House of Representatives

McKenna was elected to the United States House of Representatives from California and served four consecutive terms, from March 4, 1885, to March 28, 1892. He succeeded Barclay Henley in the seat and was himself succeeded by Samuel Hilborn when he resigned to accept a judicial appointment. During his time in the House, McKenna served on several committees and established himself as a reliable Republican legislator. His congressional career coincided with a period of significant national debate over tariffs, railroad regulation, and the role of the federal government in the economy.

As a congressman, McKenna supported the protective tariff policies that were central to the Republican Party's platform during this period. He also advocated for the interests of his California constituents, including matters related to federal land policy and economic development in the West. His legislative record, while not marked by landmark legislation bearing his name, was consistent with the mainstream of Republican thought in the late nineteenth century.

McKenna's time in Congress brought him into contact with a number of future political leaders, including William McKinley, then a fellow member of the House of Representatives. The friendship between McKenna and McKinley would prove to be the most consequential political relationship of McKenna's career, ultimately leading to his appointments as Attorney General and Associate Justice of the Supreme Court.

United States Court of Appeals for the Ninth Circuit

In 1892, President Benjamin Harrison nominated McKenna to serve as a judge on the United States Court of Appeals for the Ninth Circuit. McKenna was confirmed and took his seat on March 17, 1892, succeeding Lorenzo Sawyer. He served on the Ninth Circuit from 1892 until 1897, a period during which the federal appellate courts were handling an increasing volume of cases related to the rapid economic development of the western United States.

McKenna's tenure on the Ninth Circuit provided him with substantial judicial experience, although his opinions during this period did not attract widespread attention or generate significant legal commentary. His work on the appellate bench was competent but largely unremarkable, and some legal observers later noted that McKenna's judicial skills were still developing when he was elevated to higher office. Nevertheless, his service on the Ninth Circuit established his credentials as a federal judge and positioned him for further advancement. He was succeeded on the Ninth Circuit by William Morrow upon his departure to become Attorney General.

United States Attorney General

When William McKinley won the presidency in 1896, he appointed his longtime friend and political ally Joseph McKenna to serve as the 42nd Attorney General of the United States. McKenna assumed the office on March 5, 1897, succeeding Judson Harmon. His tenure as Attorney General was brief, lasting less than a year, as McKinley had already identified McKenna as his choice for the next vacancy on the Supreme Court.

As Attorney General, McKenna oversaw the Department of Justice during a period of transition in federal law enforcement and legal policy. His brief time in the position did not afford him the opportunity to leave a substantial mark on the office, and his tenure is generally viewed as a stepping stone to the Supreme Court rather than as a significant chapter in the history of the Attorney General's office. He was succeeded as Attorney General by John Griggs on January 25, 1898.

McKenna's appointment as Attorney General was not without controversy. Some critics questioned whether his qualifications and legal acumen were sufficient for the position, and there were concerns about his close ties to the railroad interests of the West. Nevertheless, McKinley's confidence in McKenna remained firm, and the president moved quickly to nominate him to the Supreme Court when the opportunity arose.

Associate Justice of the Supreme Court

President William McKinley nominated Joseph McKenna to succeed the retiring Stephen Field as an Associate Justice of the Supreme Court of the United States. McKenna was confirmed by the Senate and took his oath of office on January 26, 1898. Before taking his seat on the Court, McKenna reportedly attended lectures at Columbia Law School in New York for several months to strengthen his legal knowledge, an unusual step that reflected both his awareness of the demands of the position and the concerns that had been raised about his preparation.

McKenna's tenure on the Supreme Court lasted nearly twenty-seven years, from 1898 to 1925, making it one of the longer terms of service in the Court's history. He served alongside some of the most prominent justices in American legal history, including Oliver Wendell Holmes Jr., who joined the Court in 1902, and Louis Brandeis, who was appointed in 1916. During his time on the bench, McKenna participated in decisions that addressed some of the most pressing legal issues of the Progressive Era, including the regulation of monopolies and trusts, the scope of federal commerce power, and the limits of state police power.

McKenna's judicial philosophy was difficult to categorize neatly. He did not adhere rigidly to either the conservative or progressive wings of the Court, and his votes sometimes surprised observers on both sides. In the area of antitrust law, McKenna was generally supportive of federal efforts to regulate monopolistic practices. He authored the majority opinion in Hipolite Egg Co. v. United States (1911), in which the Court upheld the Pure Food and Drug Act as a valid exercise of the federal commerce power. This decision was an important affirmation of the federal government's authority to regulate the safety and quality of goods shipped in interstate commerce.

McKenna also wrote notable opinions in cases involving state regulatory power. He tended to support the ability of states to exercise their police power to protect public health, safety, and morals, although he also recognized constitutional limits on such authority. His opinions in these areas reflected a pragmatic approach to the balance between government regulation and individual liberty that was characteristic of the moderate wing of the Court during this period.

In the area of civil liberties, McKenna's record was mixed. Like many jurists of his era, he did not consistently champion broad interpretations of constitutional rights. His opinions in cases involving the rights of racial minorities, immigrants, and criminal defendants reflected the prevailing legal norms of the time rather than a forward-looking commitment to expanded civil liberties.

As McKenna aged, concerns arose about his declining mental acuity and his ability to continue performing his judicial duties. By the early 1920s, his fellow justices had become increasingly worried about his capacity to participate meaningfully in the Court's work. Chief Justice William Howard Taft, who assumed the center chair in 1921, reportedly played a role in encouraging McKenna to step down. McKenna was persuaded to retire from the Court on January 5, 1925, at the age of eighty-one. He was succeeded by Harlan Fiske Stone, who was nominated by President Calvin Coolidge.

Personal Life

Joseph McKenna married Amanda Borneman, and the couple resided in Washington, D.C., during the latter decades of McKenna's career in public service. McKenna was a Roman Catholic, and his faith was a notable aspect of his public identity at a time when Catholics were a distinct minority among holders of high federal office. He was only the second Catholic to serve on the Supreme Court, following Chief Justice Roger B. Taney.

McKenna's personal life was largely private, and he did not seek public attention for his personal affairs. He was known among colleagues and acquaintances as a courteous and amiable man, though some observers noted that he could be reserved and cautious in his interactions. His long career in Washington gave him a wide circle of professional acquaintances, but he was not known as a prominent figure in the capital's social life.

After his retirement from the Supreme Court in January 1925, McKenna continued to reside in Washington, D.C. His health declined in the years following his retirement. Joseph McKenna died on November 21, 1926, in Washington, D.C., at the age of eighty-three.

Recognition

Joseph McKenna's career in public service was recognized during his lifetime through his successive appointments to positions of increasing responsibility and prestige in the federal government. His service in all three branches of the federal government — as a congressman, Attorney General, and Supreme Court justice — was a rare distinction shared by few figures in American history.

McKenna's nomination to the Supreme Court was itself a form of recognition of his political loyalty and public service, though it was also a source of some controversy. His confirmation by the Senate in 1898 was not without opposition, as some senators questioned whether his legal qualifications were equal to the demands of the position. Nevertheless, the Senate confirmed his nomination, and McKenna went on to serve on the Court for nearly twenty-seven years.

In historical assessments of the Supreme Court, McKenna's legacy has been the subject of varying evaluations. Legal historians have generally placed him in the middle tier of Supreme Court justices, acknowledging his long service and his contributions to the Court's work while noting that he did not produce a body of jurisprudence that fundamentally shaped American constitutional law. His opinion in Hipolite Egg Co. v. United States has been cited as one of his more significant contributions to the development of federal regulatory power.

McKenna is included in the Biographical Directory of the United States Congress as both a former member of the House of Representatives and a former Attorney General. He is also listed among the historical justices of the Supreme Court by the Supreme Court Historical Society and by the Oyez Project, which maintains records of oral arguments and biographical information about all justices who have served on the Court.

Legacy

Joseph McKenna's legacy rests primarily on his long service on the Supreme Court of the United States and on the unusual breadth of his career across all three branches of the federal government. His nearly twenty-seven years as an Associate Justice placed him at the center of the Court's work during a transformative period in American law, when the federal government's power to regulate the economy and protect public welfare was being tested and defined through a series of landmark cases.

McKenna's contribution to the development of federal regulatory power, particularly through his opinion in Hipolite Egg Co. v. United States, helped to establish the legal foundation for the modern regulatory state. The case affirmed that Congress could use its commerce power to prohibit the interstate shipment of adulterated or misbranded food and drug products, a principle that would be built upon in subsequent decades as federal regulation expanded into new areas of the economy.

At the same time, McKenna's legacy has been tempered by assessments of his limitations as a jurist. His legal education was less formal than that of many of his contemporaries on the bench, and his early opinions on the Court were sometimes criticized for their lack of clarity and legal rigor. Over time, however, McKenna developed into a more capable justice, and his later opinions were generally better received by the legal community.

McKenna's career also reflects the broader patterns of American political life in the late nineteenth and early twentieth centuries. His rise from the son of Irish immigrants to the highest levels of the federal government was emblematic of the expanding opportunities available to members of immigrant communities in American public life. His Catholic faith, while not a central issue during his Supreme Court tenure, foreshadowed the growing role of Catholic Americans in the nation's legal and political institutions.

The circumstances of McKenna's retirement from the Court — prompted in part by concerns about his declining mental faculties — also contributed to ongoing discussions about the age and fitness of Supreme Court justices, a subject that has recurred in American legal and political discourse. His case is sometimes cited as an early example of the challenges associated with lifetime tenure on the federal bench.

Joseph McKenna's place in American legal history is that of a capable, if not extraordinary, public servant whose career spanned a remarkable range of governmental positions and whose tenure on the Supreme Court coincided with a period of profound change in American law and society.