Joseph McKenna, US. Att'y Gen., Assoc. Justice US Sup. Ct.

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Joseph McKenna

Birthdate: (83)
Birthplace: Philadelphia, Pennsylvania
Death: November 21, 1926 (83)
Washington, District of Columbia, District of Columbia, United States
Place of Burial: Mount Olivet Cemetery Washington District of Columbia
Immediate Family:

Son of John McKenna and Mary McKenna
Husband of Amanda Frances McKenna
Father of Frank B McKenna; Isabel McKenna; Marie C Brown and Hildegarde McKenna

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Immediate Family

About Joseph McKenna, US. Att'y Gen., Assoc. Justice US Sup. Ct.

Joseph McKenna (August 10, 1843 – November 21, 1926) was an American politician who served in all three branches of the U.S. federal government, as a member of the U.S. House of Representatives, as U.S. Attorney General and as an Associate Justice of the Supreme Court. He is one of seventeen members of the House of Representatives who subsequently served on the Supreme Court (including two Chief Justices).


Born in Philadelphia, Pennsylvania, the son of Irish Catholic immigrants, he attended St. Joseph's College and the Collegiate Institute at Benicia, California. After being admitted to the California bar in 1865, he became District Attorney for Solano County and then served in the California State Assembly for two years (1875–1877). He retired after one term and an unsuccessful bid for Speaker of the House.

After two unsuccessful attempts, McKenna was elected to the United States House of Representatives in 1885 and served for four terms. He was appointed to the Ninth Circuit Court of Appeals in 1892 by President Benjamin Harrison.

In 1897 he was appointed the 42nd Attorney General of the United States by President William McKinley, and served in that capacity until 1898. He was then appointed an Associate Justice of the Supreme Court of the United States to succeed Justice Stephen J. Field. McKenna faced opposition to his appointment in the Senate, but his supporters there enabled him to win confirmation in January 1898. Conscious of his limited credentials, McKenna took courses at Columbia Law School for several months to improve his legal education before taking his seat on the Court.

“Although he never developed a consistent legal philosophy,” McKenna was the author of a number of important decisions. One of the most notable was his opinion in the case of United States v. U.S. Steel Corporation (1920) which held that antitrust cases would be decided on the “rule of reason” principle—only alleged monopolistic combinations that are in unreasonable restraint of trade—are illegal.

McKenna was known to be a centrist, and authored few dissents. His most noteworthy opinions are Hipolite Egg Co. v. United States 220 U.S. 45 (1911),[6][7] in which a unanimous Court upheld the Pure Food and Drug Act of 1906,

In Hoke v. United States, he concurred in upholding the Mann Act, a/k/a "White-Slave Traffic Act". However, four years later, he dissented from the Court's opinion in Caminetti v. United States (1917), which held the act applied to private, noncommercial enticements to cross state lines for purposes of a sexual liaison. According to McKenna, the Act regulated only commercial vice, i.e., "immoralities having a mercenary purpose."

While McKenna was generally quite favorable to federal power, he joined the Court's substantive due process jurisprudence and voted with the majority in 1905's Lochner v. New York, which struck down a state maximum-hours law for bakery workers, This decision carried broader implications for the scope of federal power, at least until the New Deal and the 1937 switch-in-time-that-saved-nine. See, Judiciary Reorganization Bill of 1937.

McKenna resigned from the Court in January 1925 at the suggestion of Chief Justice William Howard Taft.[9] McKenna's ability to perform his duties had been diminished significantly by a stroke suffered ten years earlier, and by the end of his tenure McKenna could not be counted on to write coherent opinions.

Justice McKenna was one of thirteen Catholic justices – out of 112 total through the appointment of Justice Elena Kagan – in the history of the Supreme Court.

McKenna married Amanda Borneman in 1869, and the couple had three daughters and one son. McKenna died on November 21, 1926.[8] in Washington, D.C.. His remains are interred at the city's Mount Olivet Cemetery.

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Joseph McKenna, US. Att'y Gen., Assoc. Justice US Sup. Ct.'s Timeline

August 10, 1843
Philadelphia, Pennsylvania
Age 16
Age 30
Age 35
Age 37
November 21, 1926
Age 83
Washington, District of Columbia, District of Columbia, United States
Mount Olivet Cemetery Washington District of Columbia