Civil rights
Taft announced in his inaugural address that he would not appoint African Americans to federal jobs, such as postmaster, where this would cause racial friction. This differed from Roosevelt, who would not remove or replace black officeholders with whom local whites would not deal. Termed Taft's "Southern Policy", this stance effectively invited white protests against black appointees. Taft followed through, removing most black office holders in the South, and made few appointments of African Americans in the North.
At the time Taft was inaugurated, the way forward for African Americans was debated by their leaders. Booker T. Washington felt that most blacks should be trained for industrial work, with only a few seeking higher education; W.E.B. DuBois took a more militant stand for equality. Taft tended towards Washington's approach. According to Coletta, Taft let the African-American "be 'kept in his place' ... He thus failed to see or follow the humanitarian mission historically associated with the Republican party, with the result that Negroes both North and South began to drift toward the Democratic party.”
Taft, a Unitarian, was a leader in the early 20th century of the favorable reappraisal of Catholicism's historic role. It tended to neutralize anti-Catholic sentiments, especially in the Far West where Protestantism was a weak force. In the Philippines, American government officials, journalists, and popular writers celebrated the Catholic missionary efforts that had transformed a "pagan" land, arguing that Filipino Catholic faith and clerical authority could aid in economic and cultural development. Taft, a top American official in Manila, was a spokesman for the reappraisals. He gave a speech at the Catholic University of Notre Dame in Indiana in 1904, praising the, "enterprise, courage, and fidelity to duty that distinguished those heroes of Spain who braved the then frightful dangers of the deep to carry Christianity and European civilization into the far-off Orient." A second approach looked at Catholic missions in California, where local boosters celebrated the history of Spanish Franciscan missions. They not only restored and preserved old missions (which had been inactive since the 1830s) but began appealing to tourists with a romantic mission story. The mission style became popular for public buildings, schools and colleges. As President Taft in 1909 went to California to praise Father Junípero Serra as an "apostle, legislator, [and] builder" who advanced "the beginning of civilization in California."
A supporter of free immigration, Taft vetoed a bill passed by Congress and supported by labor unions that would have restricted unskilled laborers by imposing a literacy test.
Judicial appointments
Taft promoted Associate Justice Edward Douglass White to be Chief Justice of the United States.
Taft made six appointments to the Supreme Court; only George Washington and Franklin D. Roosevelt have made more. The death of Justice Rufus 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, the last person appointed to the Supreme Court who did not attend law school. 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. Taft 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
Moving apart from Roosevelt
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. Nevertheless, he wrote that he expected Taft to be renominated by the Republicans in 1912, and did not speak of himself as a candidate.
Taft and Roosevelt met twice in 1910; the meetings, though outwardly cordial, did not display their former closeness. Roosevelt gave a series of speeches in the West in the late summer and early fall of 1910. Roosevelt not only attacked the Supreme Court's 1905 decision in Lochner v. New York, he accused the federal courts of undermining democracy, and called for them to be deprived of the power to rule legislation unconstitutional. This attack horrified Taft, who privately agreed that Lochner had been wrongly decided. 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" as well as "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 in his journal article on the breach between the two presidents, "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, while Taft with donations and influence tried to secure the election of the Republican gubernatorial candidate in Ohio, 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 his race in Ohio.
After the election, Roosevelt continued to promote progressive ideals, a New Nationalism, much to Taft's dismay. Roosevelt attacked his successor's administration, arguing that its guiding principles were not that of the party of Lincoln, but those of the Gilded Age. The feud continued on and off through 1911, a year in which there were few elections of significance. Wisconsin Senator La Follette announced a presidential run as a Republican, and was backed by a convention of progressives. Roosevelt began to move into a position for a run in late 1911, writing that the tradition that presidents not run for a third term only applied to consecutive terms.
Roosevelt was receiving many letters from supporters urging him to run, and Republican office-holders were organizing on his behalf. Balked on many policies by an unwilling Congress and courts in his full term in the White House, he saw manifestations of public support he believed would sweep him to the White House with a mandate for progressive policies that would brook no opposition. In February, Roosevelt announced he would accept the Republican nomination if it was offered to him. Taft felt that if he lost in November, it would be a repudiation of the party, but if he lost renomination, it would be a rejection of himself. He was reluctant to oppose Roosevelt, who helped make him president, but having become president, he was determined to be president, and that meant not standing aside to allow Roosevelt to gain another term.
Primaries and convention
As Roosevelt became more radical in his progressivism, Taft was hardened in his resolve to achieve re-nomination, as he was convinced that the progressives threatened the very foundation of the government. One blow to Taft was the loss of Archibald Butt, one of the last links between the previous and present presidents, as Butt had formerly served Roosevelt. Ambivalent between his loyalties, Butt went to Europe on vacation in early 1912. He sailed for home in April on the RMS Titanic and died in its sinking, a death Taft found hard to accept as his body was not recovered.
Taft and Roosevelt – political enemies in 1912
Roosevelt dominated the primaries, winning 278 of the 362 delegates to the Republican National Convention in Chicago decided in that manner. Taft had control of the party machinery, and it came as no surprise that he gained the bulk of the delegates decided at district or state conventions. Taft did not have a majority, but was likely to have one once southern delegations committed to him. Roosevelt challenged the election of these delegates, but the RNC overruled most objections. Roosevelt's sole remaining chance was with a friendly convention chairman, who might make rulings on the seating of delegates that favored his side. Taft followed custom and remained in Washington, but Roosevelt went to Chicago to run his campaign and told his supporters in a speech, "we stand at Armageddon, and we battle for the Lord".
Taft had won over Root, who agreed to run for temporary chairman of the convention, and the delegates elected Root over Roosevelt's candidate. The Roosevelt forces moved to substitute the delegates they supported for the ones they argued should not be seated. Root made a crucial ruling, that although the contested delegates could not vote on their own seating, they could vote on the other contested delegates, a ruling that assured Taft's nomination, as the motion offered by the Roosevelt forces failed, 567–507. As it became clear Roosevelt would bolt the party if not nominated, some Republicans sought a compromise candidate to avert the electoral disaster to come; they were unsuccessful. Taft's name was placed in nomination by Warren Harding, whose attempts to praise Taft and unify the party were met with angry interruptions from progressives. Taft was nominated on the first ballot, though most Roosevelt delegates refused to vote.
Campaign and defeat
Alleging Taft had stolen the nomination, Roosevelt and his followers formed the Progressive Party. Taft knew he would almost certainly be defeated, but concluded that through Roosevelt's loss at Chicago the party had been preserved as "the defender of conservative government and conservative institutions." He made his doomed run to preserve the Republican Party. Governor Woodrow Wilson was the Democratic nominee. Seeing Roosevelt as the greater electoral threat, Wilson spent little time attacking Taft, arguing that Roosevelt had been lukewarm in opposing the trusts during his presidency, and that Wilson was the true reformer. Taft contrasted what he called his "progressive conservatism" with Roosevelt's Progressive democracy, which to Taft represented "the establishment of a benevolent despotism."
Reverting to the pre-Roosevelt custom that presidents seeking re-election did not campaign, Taft spoke publicly only once, making his nomination acceptance speech on August 1. He had difficulty in financing the campaign, as many industrialists had concluded he could not win, and would support Wilson to block Roosevelt. The president issued a confident statement in September after the Republicans narrowly won Vermont's state elections in a three-way fight, but had no illusions he would win his race. He had hoped to send his cabinet officers out on the campaign trail, but found them reluctant to go. Senator Root agreed to give a single speech for him.
Vice President Sherman had been renominated at Chicago; seriously ill during the campaign, he died six days before the election, and was replaced on the ticket by the president of Columbia University, Nicholas Murray Butler. But few electors chose Taft and Butler, who won only Utah and Vermont, for a total of eight electoral votes. Roosevelt won 88, and Wilson 435. Wilson won though he had only a plurality of the popular vote and less of it than Taft and Roosevelt combined. Taft had hoped to better Roosevelt in the popular vote, but finished with just under 3.5 million, over 600,000 less than the former president. Taft was not on the ballot in California, due to the actions of local Progressives, nor in South Dakota.
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 and he was saved from this by an offer for him to become Kent Professor of Law and Legal History at Yale Law School. 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. 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.
Taft maintained a cordial relationship with Wilson. The former president 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 the former president had never forgiven for his role in the Ballinger–Pinchot affair. When hearings led to nothing discreditable about Brandeis, Taft intervened with a letter signed by himself and other former ABA presidents, stating that Brandeis was not fit to serve on the Supreme Court. Nevertheless, the Democratic-controlled Senate confirmed Brandeis. Taft and Roosevelt remained embittered; they met only once in the first three years of the Wilson presidency, at a funeral at Yale. They spoke only for a moment, politely but formally.
As president of the League to Enforce Peace, Taft hoped to prevent war through an international association of nations. With World War I raging in Europe, Taft sent Wilson a note of support for his foreign policy in 1915. President Wilson accepted Taft's invitation to address the league, and spoke in May 1916 of a postwar international organization that could prevent a repetition. Taft supported the effort to get Justice Hughes to resign from the bench and accept the Republican presidential nomination. Once this was done, Hughes tried to get Roosevelt and Taft to reconcile, as a united effort was needed to defeat Wilson. This occurred on October 3 in New York, but Roosevelt allowed only a handshake, and no words were exchanged. This was one of many difficulties for the Republicans in the campaign, and Wilson narrowly won re-election.
In March 1917, Taft demonstrated public support for the war effort by joining the Connecticut State Guard, a state defense force organized to carry out the state duties of the Connecticut National Guard while the National Guard served on active duty. When Wilson asked Congress to declare war on Germany in April 1917, Taft was an enthusiastic supporter; he was chairman of the American Red Cross' executive committee, which occupied much of the former president's time. In August 1917, Wilson conferred military titles on executives of the Red Cross as a way to provide them with additional authority to use in carrying out their wartime responsibilities, and Taft was appointed a major general.
During the war, Taft took leave from Yale to be co-chairman of the National War Labor Board, tasked with assuring good relations between industry owners and their workers. In February 1918, the new RNC chairman, Will H. Hays, approached Taft seeking his reconciliation with Roosevelt. In May, Taft was in Chicago at the Blackstone Hotel, and when he heard that Roosevelt and his party were dining there, walked in on them. The two men embraced to the applause of the room, but the renewed relationship did not progress past outward friendliness before Roosevelt's death in January 1919. Taft later wrote, "Had he died in a hostile state of mind toward me, I would have mourned the fact all my life. I loved him always and cherish his memory."
When Wilson proposed establishment of a League of Nations, with the League's charter part of the Treaty of Versailles, Taft expressed public support. He was out of step with his party, whose senators were not inclined to ratify the treaty. Taft's subsequent flip-flop on the issue of whether reservations to the treaty were necessary angered both sides, destroying any remaining influence he had with the Wilson administration, and causing some Republicans to call him a Wilson supporter and a traitor to his party. The Senate refused to ratify the Versailles pact.
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 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.
Taft Court membership timeline
Jurisprudence
Commerce Clause
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.
Powers of 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.
The following year, the court decided McGrain v. Daugherty. A congressional committee investigating possible complicity of former Attorney General Daugherty in the Teapot Dome scandal subpoenaed records from his brother, Mally, who refused to provide them, alleging Congress had no power to obtain documents from him. Van Devanter ruled for a unanimous court against him, finding that Congress had the authority to conduct investigations as an auxiliary to its legislative function.
Individual rights
In 1925, the Taft Court laid the groundwork for the incorporation of many of the guarantees of the Bill of Rights to be applied against the states through the Fourteenth Amendment. In Gitlow v. New York, the court by a 6–2 vote with Taft in the majority, upheld Gitlow's conviction on criminal anarchy charges for advocating the overthrow of the government; his defense was freedom of speech. Justice Edward T. Sanford wrote the court's opinion, and both majority and minority (Holmes, joined by Brandeis) assumed that the First Amendment's Free Speech and Free Press clauses were protected against infringement by the states.
Pierce v. Society of Sisters was a 1925 decision by the Taft Court striking down an Oregon law banning private schools. In a decision written by Justice James C. McReynolds, a unanimous court held that Oregon could regulate private schools, but could not eliminate them. The outcome supported the right of parents to control the education of their children, but also, since the lead plaintiff (the society) ran Catholic schools, struck a blow for religious freedom.
United States v. Lanza[ac] was one of a series of cases involving Prohibition. Lanza committed acts allegedly in violation of both state and federal law, and was first convicted in Washington state court, then prosecuted in federal district court. He alleged the second prosecution in violation of the Double Jeopardy Clause of the Fifth Amendment. Taft, for a unanimous court, allowed the second prosecution, holding that the state and federal governments were dual sovereigns, each empowered to prosecute the conduct in question.
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 in September 1922 passed the bill, 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.
When Taft became chief justice, the court did not have its own building and met in the Capitol. Its offices were cluttered and overcrowded, but Fuller and White had been opposed to proposals to move the court to its own building. In 1925, Taft began a fight to get the court a building, and two years later Congress appropriated money to purchase the land, on the south side of the Capitol. Cass Gilbert had prepared plans for the building, and was hired by the government as architect. Taft had hoped to live to see the court move into the new building, but it did not do so until 1935, after Taft's death.
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 this later decreased, and by 1929 he weighed just 244 pounds (111 kg). By the time Taft became chief justice, 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 home after work, 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.
Taft insisted that Charles Evans Hughes succeed him as chief justice.
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 suffering from hallucinations. 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 the choice. Returning to Washington after his resignation on February 3, Taft had barely enough strength to sign a reply to a letter of tribute from the eight associate justices. He died at his home in Washington on March 8, 1930.
Taft lay in state at the United States Capitol rotunda. Three days following his death, on March 11, he became the first president and first member of the Supreme Court to be buried at Arlington National Cemetery. James Earle Fraser sculpted his grave marker out of Stony Creek granite.
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 remains known for another physical characteristic—as the last president with facial hair to date.
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, "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, Taft generally falls in the shadow of the flamboyant Rough Rider, who chose him to be president, and who took it away. 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 had a judge's reticence in talking to reporters, and, with no comment from the White House, hostile journalists would supply the want with a quote from a Taft opponent. And it was Roosevelt who engraved in public memory the image of Taft as a Buchanan-like figure, with a narrow view of the presidency which made him unwilling to act for the public good. Anderson pointed out 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 admired and 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.
Taft was convinced he would be vindicated by history. After he left office, he was estimated to be about in the middle of U.S. presidents by greatness, and subsequent rankings by historians have by and large sustained that verdict. Coletta noted that this places Taft in good company, with James Madison, John Quincy Adams and McKinley. Lurie catalogued progressive innovations that took place under Taft, and argued that historians have overlooked them because Taft was not an effective political writer or speaker. According to Gould, "the clichés about Taft's weight, his maladroitness in the White House, and his conservatism of thought and doctrine have an element of truth, but they fail to do justice to a shrewd commentator on the political scene, a man of consummate ambition, and a resourceful practitioner of the internal politics of his party." Anderson deemed Taft's success in becoming both president and chief justice "an astounding feat of inside judicial and Republican party politics, played out over years, the likes of which we are not likely to see again in American history".
Taft has been rated among the greatest of the chief justices; later Supreme Court Justice Antonin Scalia noted that this was "not so much on the basis of his opinions, perhaps because many of them ran counter to the ultimate sweep of history". A successor as chief justice, Earl Warren, concurred: "In Taft's case, the symbol, the tag, the label usually attached to him is 'conservative.' It is certainly not of itself a term of opprobrium even when bandied by the critics, but its use is too often confused with 'reactionary.' " Most commentators agree that as chief justice, Taft's most significant contribution was his advocacy for reform of the high court, urging and ultimately gaining improvement in the court's procedures and facilities. Mason cited enactment of the Judges' Bill of 1925 as Taft's major achievement on the court. According to Anderson, Taft as chief justice "was as aggressive in the pursuit of his agenda in the judicial realm as Theodore Roosevelt was in the presidential".
The house in Cincinnati where Taft was born and lived as a boy is now the William Howard Taft National Historic Site. Taft was named one of the first Gold Medal Honorees of the National Institute of Social Sciences. Taft's son Robert was a significant political figure, becoming Senate Majority Leader and three times a major contender for the Republican nomination for president. A conservative, each time he was defeated by a candidate backed by the more liberal Eastern Establishment wing of the party.
Lurie concluded his account of William Taft's career:
While the fabled cherry trees in Washington represent a suitable monument for Nellie Taft, there is no memorial to her husband, except perhaps the magnificent home for his Court—one for which he eagerly planned. But he died even before ground was broken for the structure. As he reacted to his overwhelming defeat for reelection in 1912, Taft had written that "I must wait for years if I would be vindicated by the people ... I am content to wait. Perhaps he has waited long enough.
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Notes
Vice President Sherman died in office. As this was prior to the adoption of the Twenty-Fifth Amendment in 1967, a vacancy in the office of Vice President was not filled until the next ensuing election and inauguration
1889 Ohio Misc. Lexis 119, 10 Ohio Dec. reprint 181
Alphonso Taft died in 1891 in California, retired because of illness contracted during his diplomatic postings. See Pringle vol 1, p. 119.
79 F. 561 (6th Cir. 1897)
Baltimore & Ohio Southwestern Railway Co. v. Voight, 176 U.S. 498 (1900). Only Justice Harlan dissented from the opinion for the Court written by Justice George Shiras. See Lurie, pp. 33–34.
85 F. 271 (6th Cir. 1898)
175 U.S. 211 (1899)
His son, Douglas MacArthur, would also become a general and famously fight in the Philippines.
Fuller's longevity was a source of frustration and some humor in the Roosevelt White House. Secretary Root originated a running joke that Fuller would be found alive and clinging to his seat on the Day of Judgment, and would then have to be shot. See Anderson 2000, p. 328.
In one of which Secretary Knox was said to be a major stockholder. See Coletta 1973, p. 188.
Son of the late president
Hughes was 67 when he began his second period on the court, as chief justice succeeding Taft.
The others being Harlan Fiske Stone and William Rehnquist.
198 U.S. 45 (1905)
The "Bull Moose Party", named by Roosevelt's comment he felt as strong as a young bull moose
Sherman was the last American vice president to die in office.
Taft's eight electoral votes set a record for futility by a Republican candidate matched by Alf Landon in 1936.
Sutherland was appointed to the high court in 1922.
The Republicans were Hiram Johnson of California, William E. Borah of Idaho and La Follette of Wisconsin. The Democrat was Thomas E. Watson of Georgia.
247 U.S. 251 (1918)
259 U.S. 20 (1922). Justice John H. Clarke dissented without opinion.
258 U.S. 495 (1922) Justice Day did not participate and Justice James C. McReynolds dissented without opinion.
261 U.S. 525 (1923)
258 U.S. 298 (1922)
272 U.S. 52 (1926)
273 U.S. 135 (1927)
268 U.S. 652 (1925)
268 U.S. 510 (1925)
260 U.S. 377 (1922)
Stone was made chief justice in 1941 by Franklin Roosevelt.
Wendell Willkie in 1940, Thomas Dewey in 1948 and Dwight Eisenhower in 1952
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