Gale Encyclopedia Of American Law 3Rd Edition Volume 7 P3 pdf

Humphrey. Humphrey won the nomination,
but unprecedented violence at the Democratic
National Convention in Chicago helped to
doom his candidacy against
RICHARD M. NIXON.
McCarthy refused to campaign for Humphrey,
largely because Humphrey was reluctant to
articulate a proposal to end the Vietnam War.
Humphrey lost the November election to Nixon
by a smaller margin than had been predicted,
leading so me Democratic leaders to complain
that McCarthy’s unwillingness to campaign for
the ticket had cost Humphrey the election.
McCarthy declined to run for re-election to
the Senate in 1970. Humphrey ran successfully
in his place. McCarthy ran a lackluster presi-
dential campaign in 197 2 and a better-orga-
nized independent presidential campaign in
1976. He lost both races and subsequently
retired from the political arena.
McCarthy endorsed
RONALD REAGAN in 1980
over incumbent president
JIMMY CARTER and his
running mate, Minnesotan Walter Mondale. In
1982 McCarthy ran for senator in Minn esota
but was defeated in the Democratic primary by
Mark Dayton.
After leaving active politics, McCarthy
concentrated on teaching, political commen-
tary, and poetry writing. In 1998 he published

No-Fault Politics: Modern Presidents, the Press,
and Reformers. In 2001 a documentary film
titled, I'm Sorry I Was Right: Eugene McCarthy
was released. In the film, McCarthy discussed
his past experiences, extrapolated on lessons
learned from the Vietnam War, warned against
the growing power of the military-industrial
complex, and recited some of his poetry.
McCarthy continued to write, travel the country,
and speak out against the war in Iraq until his
death in December of 2005.
FURTHER READINGS
Callahan, John. 2003. “As War Looms.” Commonweal.
(March 14).
Colford, Paul D. 1998. “Eugene McCarthy, Revisited.”
Newsday. (August 26).
Cunningham, Jesse G., ed. 2003. The McCarthy Hearings.
San Diego, Calif.: Greenhaven Press.
Eisele, Albert. 1972. Almost to the Presidency: A Biography of
Two American Politicians. Piper.
Herman, Arthur. 2000. Joseph McCarthy: Reexamining the
Life and Legacy of America’s Most Hated Senator. New
York: Free Press.
Kinsler, Joseph. 2001. “Joseph McCarthy, the Law Student.”
Marquette Law Review 85 (winter): 467–79.
McCarthy, Abigail. 1972. Private Faces, Public Places. New
York: Doubleday.
McCarthy, Eugene. 1987. Up ‘ Til Now: A Memoir. San
Diego: Harcourt.
———. The Year of the People. New York: Doubleday.

Sandbrook, Dominic. 2004. Eugene McCarthy: The Rise
and Fall of Postwar American Liberalism. New York:
Knopf.
v
MCCARTHY, JOSEPH RAYMOND
Joseph Raymond McCarthy was a U.S. senator
who during the early 1950s conducted a highly
controversial campaign against supposed Com-
munist infiltrati on of the U.S. government. His
accusations and methods of interrogation of
witnesses came to be called “McCarthyism,” a
term that remains a part of the U.S. political
vocabulary. Though he was ultimately censured
for his activities by the Senate, McCarthy was,
between 1950 and 1954, the most powerful
voice of anti-
COMMUNISM in the United States.
McCarthy was born November 14, 1908, in
Grand Chute, Wisconsin. He graduated from
Joseph Raymond McCarthy 1908–1957
▼▼
▼▼
1900
1975
1950
1925
❖
1908 Born,
Grand Chute,
Wis.

1914–18
World War I
1939–45
World War II
1946–57
Served in
U.S. Senate
1953 Presided over the Senate Permanent
Subcommittee on Investigations
◆◆
1954 Led televised hearings into alleged
Communist influence in the Army; censured by
Senate for his actions in those hearings
1957 Died,
Bethesda, Md.
❖
◆
◆
1935 Earned LL.B. from
Marquette University
1939 Elected Wisconsin circuit judge
1942–45 Served in U.S. Marine Corps
1961–73
Vietnam War
◆
1951 Julius and Ethel Rosenberg convicted of
spying for the Russians and executed
1950–53
Korean War
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION

8MC CARTHY, JOSEPH RAYMOND
Marquette University in 1935 with a bachelor of
laws degree. He practiced law in Wisconsin
until 1939, when he was elected a circuit court
judge. During
WORLD WAR II, McCarthy served in
the Marine Corps as a tailgunner. He progressed
to the rank of captain and was awarded several
commendations for his military achievements.
McCarthy used his wartime record as “Tail-
gunner Joe” to help upset Republican Senator
ROBERT M. LAFOLLETTE Jr., in the 1946 Wisconsin
primary election. McCarthy was elected to the
Senate in 1946 and reelected in 1952.
During his first three years in office,
McCarthy was an undistinguished and relatively
unknown senator. He catapulted to public
attention, however, after giving a speech in
Wheeling, West Virginia, in February 1950. In
the speech, McCarthy charged that 205 Com-
munists had infiltrated the
STATE DEPARTMENT.He
claimed that Communist subversion had led to
the fall of China to the Communists in October
1949. A Senate investigating committee ordered
McCarthy to produce evidence of his accusa-
tions, but he was unable to produce the names
of any Communists.
Despite this failure to produce evidence,
McCarthy escalated his anti-Communist cru-

sade. He accused Democratic President
HARRY S.
TRUMAN’s administration of harboring Commu-
nists and of failing to stop Commu nist aggres-
sion. His accusations struck a chord with many
U.S. citizens, who were fearful of the growth of
Communism and the menace of the Soviet
Union as well as angry at the U.S. government’s
apparent inability to prevent the spread of
Communism.
In 1953 McCarthy became the chair of the
Senate’s Government Committee on Operations
and head of its permanent subcommittee
on investigations. Though
DWIGHT D. EISENHOWER,
a Republican, became president in 1953,
McCarthy used the investigations subcommittee
to continue his campaign against Commun-
ist subversion in the federal government.
McCarthy brought persons before his commit-
tee who he claimed were “card-carrying”
Communists. He made colorful and clever
accusations against these witnesses, who, as a
result, often lost their jobs and were labeled as
subversive. Evidence that a person had briefly
joined a left-wing political group during the
1930s was used by McCarthy to suggest that the
person was a Communist or a Communist
sympathizer.
McCarthy attacked some of the policies of

President Eisenhower, yet the president was
reluctant to criticize the popular senator. In
April 1954 McCarthy leveled charges against the
U.S. Army, claiming the secretary of the army
had concealed foreign
ESPIONAGE activities. Thir-
ty-six days of televised hearings ensued, known
as the “Army-McCarthy hearings.” McCarthy
was unable to substantiate any of his allegations.
During the course of the hearings, McCarthy’s
aggressive and intimidating tactics backfired,
turning public opinion against him.
After the Democrats regained control of the
Senate in the November 1954 elections,
McCarthy was replaced as chair of the investi-
gating commi ttee by Senator
JOHN L. MCCLELLAN
of Arkansas. McClellan, who had been critical of
McCarthy’s approach, helped lead an effort to
censure McCarthy for his methods and for his
abuse of other senators. In 1955, the Senate, on
a vote of 67 to 22, moved to censure McCarthy.
The censure vote marked the decline of
McCarthy’s political influence. He died on May
2, 1957, in Bethesda, Maryland.
CROSS REFERENCES
Cohn, Roy Marcus; Cold War; Red Scare; Welch, Joseph
Nye.
Joseph McCarthy.
TIME & LIFE PICTURES/

GETTY IMAGES
THE FATE OF THE
WORLD RESTS WITH
THE CLASH BETWEEN
THE ATHEISM OF
MOSCOW AND THE
CHRISTIAN SPIRIT
THROUGHOUT OTHER
PARTS OF THE
WORLD
.
—JOE MCCARTHY
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
MC CARTHY, JOSEPH RAYMOND 9
v
MCCLELLAN, JOHN LITTLE
John Little McClellan served as a U.S. senator
from 1942 to 1977. During the 1950s McClellan
rose to national prominence for his opposition
to the methods used by Senator
JOSEPH R.
MCCARTHY in investigating alleged Communist
subversion. McClellan succeeded McCarthy as
chair of the investigating subcommittee and
conducted probes of union corruption, graft,
and
ORGANIZED CRIME between 1955 and 1973.
McClellan was born on February 25, 1896,
in Sheridan, Arkansas. He was admitted to the
Arkansas bar in 1913 and served a tour of

military duty in
WORLD WAR I. He maintained a
private law practice in Arkansas before becom-
ing a prosecuting attorney in 1927. McClellan
left the post in 1930 to resume private prac-
tice, but abandoned law for
DEMOCRATIC PARTY
politics in 1935, when he was elected to the
U.S. House of Representatives. In 1942 he began
a career in the U.S. Senate that would span
35 years.
McClellan was largely unknown outside of
Arkansas until the 1950s. In 1953 he was
named to the special investigating subcommit-
tee headed by Republican Senator Joseph R.
McCarthy of Wisconsin. McCarthy had become
a national figure for his controversial charges of
Communist subversion in the
STATE DEPARTMENT
and other divisions of the federal government.
McCarthy was a master of the media, attracting
front-page coverage for his allegations. However,
his use of the investigating committee angered
McClellan, who objected to McCarthy’s unsub-
stantiated accusations and to his brow-beating
of witnesses.
In 1954, following a contentious, 36 day
televised hearing dealing with the Army’s
alleged concealment of foreign
ESPIONAGE,

McCarthy’s popularity declined. McClellan
served on a committee that investigated
McCarthy’s actions during these hearings. The
committee concluded McCarthy should be
censured by the Senate for his abusive methods
and for his “contemptuous” conduct toward a
subcommittee that had investigated his finances
in 1952. McClellan and an overwhelming
majority of his colleagues censured McCarthy
on these charges.
After the Democrats regained control of
the Senate in the November 1954 elections,
McClellan replaced McCarthy as chair of the
investigating committee. In 1957 he drew national
attention as chair of the Senate Select Committee
John Little McClellan 1896–1977
▼▼
▼▼
1900
1975
1950
1925
◆
❖
1896 Born,
Sheridan,
Ark.
1913 Special permission
given to take bar exam
at age 17

1914–18
World War I
1920–23
Served as city
attorney of
Sheridan
1935–39
Served in
U.S. House
1939–45
World War II
1943–77 Served
in U.S. Senate
◆
1954 Became chair
of the Permanent
Investigations Subcommittee
◆◆
1957 Led Senate Committee
on Improper Activities in the
Labor Field hearings
1961–73 Vietnam War
◆
1966 Supreme Court ruled
in Miranda v. Arizona that
police officers were
required to read suspects
their rights
◆
❖

1977 Completed
overhaul of the U.S.
Criminal Code; died,
Little Rock, Ark.
1969 Anti-Vietnam War
demonstrations reached
peak
1950–53
Korean War
John L. McClellan.
LIBRARY OF CONGRESS
MOUNTING CRIME
AND CORRUPTION ARE
INSIDIOUSLY
GNAWING AT THE
VITALITY AND
STRENGTH OF OUR
REPUBLIC
.
—JOHN MCCLELLAN
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
10 MC CLELLAN, JOHN LITTLE
on Improper Activities in the Labor or Manage-
ment Field. As presiding officer, he directed
investigations of several powerful
LABOR UNIONS.
He forcefully questioned the leadership of the
Teamsters Union, including Dave Beck and
James (Jimmy) Hoffa. The McClellan Commit-
tee’s investigation revealed that the Teamsters

Union and other groups had taken union funds
for private use and that there were clear links
between the Teamsters and organized crime.
One result of the probe was the expulsion of
the Teamsters and two other unions from the
AMERICAN FEDERATION OF LABOR AND CONGRESS OF
INDUSTRIAL ORGANIZATIONS
(AFL-CIO).
The corruption uncovered by McClellan’s
committee also led to the passage of the Labor-
Management Reportin g and Disclosure Act of
1959, commonly known as the
LANDRUM-GRIFFIN
ACT
(29 U.S.C.A. § 401 et seq.). This act sought
to prevent union corruption and to guarantee
union members that unions would be run
democratically.
In 1961 McClellan investigated the fraudu-
lent agricultural dealings of Texas businessman
Billy Sol Estes. In 1963 McClellan was involved
with the investigation of organized crime. During
the hearings, Joseph Valachi, a member of an
organized crime family, gave graphic testimony
of its inner workings. McClellan continued to
organize investigations as part of the Permanent
Investigations Subcommittee until 1973, when
he became head of the Senate Appropriations
Committee.
McClellan died on November 28, 1977 in

Little Rock, Arkansas.
MCCULLOCH V. MARYLAND
McCulloch v. Maryland is a keynote case, 17 U.S.
(4 Wheat.) 316, 4 L.Ed. 579 (1819), decided by
the U.S. Supreme Court that established the
principles that the federal government possesses
broad powers to pass a number of types of laws,
and that the states cannot interfere with any
federal agency by imposing a direct tax upon it.
This case represents another illustrative
example of the ongoing debate among the
founders of the U.S. constitutional government
regarding the balance of powers between the
states and the federal government. The Feder-
alists were in favor of a strong central govern-
ment, whereas the Republicans wanted the
states to retain most powers. Those who wrote
and ratified the U.S. Constitution ultimately
agreed to grant the federal government certain
specific powers known as the enumerated
powers—listed in the Constitution—and con-
cluded with a general provision that permitted
Congress to make all laws that are necessary and
proper for the carrying out of the foregoing
powers, as well as all other powers vested in the
U.S. government by the Constitution. Some
people were fearful that such a provision, which
is called the
NECESSARY AND PROPER CLAUSE of the
Constitution, was a blanket authorization for

the federal government to regulate the states.
Subsequently, a series of articles—which
came to be called the Federalist Papers—were
published in New York newspapers. These
articles defended the clause on the basis that
any power only constitutes that ability to do
something, and that the power to do something is
the power to utilize a means of doing it. It is
necessary for a legislature to have the power to
make laws; therefore, the proper means of
exercising that power is by making “necessary
and proper” laws. The Constitution was, there-
fore, ratified in 1789 with the Necessary and
Proper Clause.
In exercise of the power conferred by that
clause, the first Congress enacted a law in 1791
that incorporated a natio nal bank called the
BANK OF THE UNITED STATES, which operated as a
private bank, took deposits of private funds,
made private l oans, and issued bank notes that
could be used like money. In addition, wherever
branches were established, it operated as a place
for the federal government to deposit its funds.
The legislation that incorporated the bank
stated in its preamble that it would be extremely
conducive to the successful operation of the
national finances, would aid in the obtaining of
loans for the use of the government in sudden
emergencies, and would produce considerable
advantages to trade and industry in general.

That bank charter was allowed to expire in
1811; however, a second Bank of the United
States was incorporated in 181 6 with one-fifth
of its stock owned by the United States, and it
became extremely unpopular. This was particu-
larly true in the South and West, where it first
overexpanded credits and then drastically limit-
ed them, thereby contributing to the failure of
many state-chartered banks. A number of states
attempted to keep branches of the national bank
out of their states by passing laws proscribing
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
MC CULLOCH V. MARYLAND 11
any banks not chartered by the state or by
imposing heavy taxes on them. The only bank
affected by these laws was the Bank of the
United States. The tremendous dispute that
subsequently arose between the federal and
state governments required resolution by the
Supreme Court.
Maryland had one of the least stringent rules
against the bank, which required that any bank or
branch that was not established subject to the
authority of the state must use special stamped
paper for its bank notes and, in effect, pay
2 percent of the value of the notes as a tax or pay
a general tax of $15,000 per year. Maryland
brought suit against McCulloch, cashier of the
Bank of the United States, for not paying the tax
and won a judgment for the amount of the

penalties. An appeal was brought to the Supreme
Court by McCulloch.
Chief Justice
JOHN MA RSHA LL wr ote t he majority
opinion of the Court, which reversed the
Maryland judgment. The Court held that the
federal government has the power to do what
is necessary and proper, which included the grant
of authority to establish a national bank. Mary-
land, therefore, had no right to tax the bank, a
conclusion which was based upon the theory that
“the power to tax is the power to destroy.” Astate
cannot have authority under the Constitution to
destroy or tax any agency that has been properly
set up by the federal government. On that basis,
the law that was passed by the legislature of
Maryland that imposed a tax on the Bank of the
United States was unconstitutional and void.
FURTHER READINGS
Killenbeck, Mark R. 2002. “Madison, M'Culloch, and
Matters of Judicial Cognizance: Some Thoughts on
the Nature and Scope of Judicial Review.” Arkansas Law
Review 55 (winter).
Newmyer, R. Kent. 2000. “John Marshall, McCulloch v.
Maryland, and the Southern States’ Rights Tradition.”
John Marshall Law Review 33 (summer).
Pettifor, Bonnie, and Charles E. Petit. 2003. McCulloch v.
Maryland: When State and Federal Powers Conflict.
Berkeley Heights, NJ: Enslow.
Rakove, Jack N. 1996. “The Origins of Judicial Review: A

Plea for New Contexts. Stanford Law Review 49 (May).
CROSS REFERENCES
Constitution of the United States; Federalism; Federalist
Papers.
MCGRAIN V. DAUGHERTY
A landmark decision of the Supreme Court,
McGrain v. Daugherty, 273 U.S. 135, 47 S.Ct.
319, 71 L.Ed. 580 (1927), recog nized the
implicit power of either House of Congress to
hold a witness in a congressional investigation
in
CONTEMPT for a refusal to honor its summons
or to respond to its questions.
During the mid-1920s, there were numerous
allegations that the U.S.
JUSTICE DEPARTMENT was
being mismanaged by its administrator,
HARRY
DAUGHERTY
, the attorney general of the United
States. In response to the charges, the Senate
passed a resolution that empowered an investiga-
tory committee to hear evidence as to whether
Daugherty failed to prosecute various violations
of the
ANTITRUST LAWS. Mally S. Daugherty, who
was a bank president as well as the brother of the
attorney general, refused to respond to a
subpoena that was issued by the committee on
two occasions ordering him to appear and to

bring designated bank ledgers. The president pro
tempore of the Senate issued a warrant to his
sergeant at arms that Mally Daugherty be taken
into custody. A deputy of the sergeant at arms
took Daugherty into custody in Cincinnati, Ohio.
Daugherty brought a
HABEAS CORPUS action for his
release in federal district court in Ohio. The court
declared that the attachment and detention of the
witness was void on the ground that the Senate
exceeded its powers in directing the investigation
and in ordering the seizure of Daugherty. The
deputy made a direct appeal to the Supreme
Court, which accepted the case for review.
The Court defined two issues: whether the
Senate or House of Representatives has authority
to use its own process to compel a private person
to appear as a witness and to testify before it or
one of its committees in order that Congress can
perform a legislative function that it has under
the Constitution; and w hether the process that
was used in this case was directed toward that
purpose. Before addressing those questions, how-
ever, the Court reviewed some of Daugherty’s
assertions. Daugherty argued that there was no
statutory provision for a deputy and that even if
there were, the deputy had no power to execute
the warrant, since it was addressed to the s ergeant
at arms. The Court disagreed. It explained that
deputies were authorized to act for the sergeant

at arms by virtue of a standing order adopted by
the Senate and that Congress recognized their
status by establishing and making appropria-
tions for their compensation.
Daugherty also used the
FOURTH AMENDMENT
provision that “no warrants shall issue, but
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
12 MC GRAIN V. DAUGHERTY
upon PROBABLE CAUSE, supported by oath or
affirmation,” to assert that the warrant was void
because its basis was an unsworn committee
report. The Court rejected this argument on the
ground that the committee members were acting
pursuant to their oath as Senators when they
issued the warrant. When committee members
act on matters within their knowledge, probable
cause exists for the action of the committee. The
warrant withstood constitutional muster.
Daugherty also claimed that the warrant was
deficient because it stated that he be “brought
before the bar of the Senate then and there” to
testify. It was not a subpoena to appear before the
Senate, nor did he refuse to do so. The Court
dismissed this assertion, because it considered
the warrant an auxiliary process used by the
committee that was acting for the Senate to
compel the witness to provide testimony sought
by the subpoena.
The Court finally addressed the central issues

of the case: the constitutional authority of the
Senate to act in such a manner, and whether the
warrant in this case was appropriate. It reasoned
that while the power to investigate was not
explicitly given to Congress by the Constitution,
it was traditionally recognized as implicit in the
legislative function since it is a means to obtain
necessary information. The Court also referred to
various federal laws that demonstrated that either
house of Congress has the power to commence
investigations and gather evidence concerning
activities within its jurisdiction; that committees
may conduct such investigations; that in order to
fully implement the power to investigate, either
house may punish uncooperative witnesses; and
witnesses may be given
IMMUNITY from criminal
prosecutions that derive from their testimonies
before the committees. Based upon tradition and
statutes, the Court concluded that each house of
Congress has auxiliary powers that are essential in
order to effectuate its express powers, but neither
house has unlimited “general” power to investi-
gate private matters and force testimony. The
Senate acted within its powers when it authorized
a committee to investigate Daugherty. When the
committee sought Daugherty’s testimony, it was
as a means to perform a legislative function since
the purpose of the inquiry was to determine
whether the attorney general and the Department

of Justice—subjects of congressional regulations
and appropriations—were properly performing
their duties. The Court deemed that Daugherty’s
seizure and detention were appropriate because
of his wrongful refusal to appear and testify
before a lawful congressional committee. It
reversed the order of the district court that
released Daugherty from custody.
CROSS REFERENCE
Congress of the United States.
v
MCGRANERY, JAMES PATRICK
James Patrick McGranery was a U.S. representa-
tive and a federal judge prior to his appointment
as attorney general of the United States. He
served as attorney general under President
HARRY
S
. TRUMAN from April 1952 to January 1953.
McGranery was born July 8, 1895, in
Philadelphia. His Irish Catholic parents, Patrick
McGranery and Bridget Gallagher McGranery,
were devout, hardworking, and practical. They
sent McGranery to local parochial schools,
and they did not discourage their son when he
chose to quit school and enter the workforce.
McGranery was a high-school student when he
James Patrick McGranery 1895–1962
❖
1895 Born,

Philadelphia,
Pa.
1914–18
World War I
1962 Died,
Palm Beach,
Fla.
1939–45
World War II
1950–53
Korean War
1961–73
Vietnam War
▼▼
▼▼
1900
1875
1925
1950
1975
❖
1946–52 Sat on U.S. Federal Court for the
Eastern District of Pennsylvania
1917–19 Served
as army balloon
pilot during
World War I
1928 Earned LL.B.
from Temple
University Law

School
◆
1937–43 Served in U.S. House
1943–46 Served as assistant to the U.S. attorney general
1952–53 Served as U.S. attorney
general under President Truman
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
MC GRANERY, JAMES PATRICK 13
landed his first full-time job at a Philadelphia
printing plant. He remained a card-carrying
member of a Philadelphia printer’s union for
most of his life.
When the United States entered
WORLD WAR I,
McGranery left his job to enlist in the Army. He
served as a balloon observation pilot and as
adjutant with the 111th Infantry. At the end of
the war, he returned home with a broader view of
the world and a strong determination to resume
his education. He entered Philadelphia’sMaher
Preparatory School in 1919 to complete the
entrance requirements for Temple University.
The war experience also sparked McGranery’s
interest in law and government. While at Temple,
and later at Temple Law School, he became active
in local ward politics. Soon after graduating
and passing the bar examination in 1928, he
was tapped by Philadelphia ward bosses to
manage the local campaign of Democratic
presidential candidate Alfred E. Smith, of New

York. Smith ultimately lost his presidential bid,
but McGranery was exhilarated by the political
process and eager to attempt his own run for
office. He hastily made a bid for a vacant clerk-
of-court seat, and was defeated.
McGranery’s introduction to the political
process showed him the need for a solid
political ba se, and it convinced him that a base
of supporters could be cultivated through the
PRACTICE OF LAW. To that end, he established the
firm of Masterson and McGranery. He started
to represent clients with known political
influence, including police officers and fire-
fighters, and leaders of their unions. While
building his practice, McGranery made two
more failed attempts at elected office—as a
candidate for district attorney in 1931, and as
a candidate for the U.S. Congress in 1934.
Finally in 1936, McGranery had paid his dues
and curried the favor he needed. He was elected
as a Democrat to represent Pennsylvania’sSecond
Congressional District, by a margin of almost
25,000 votes over his Republican opponent. He
was reelected in 1938, 1940, and 1942. Just before
his second term in Congress, McGranery married
Attorney Regina T. Clark, of Philadelphia, with
whom he had three children: James Patrick, Jr.,
Clark, and Regina.
During his years in Congress, McGranery
served on the House Banking and Currency,

Interstate, Foreign Commerce, and Ways and
Means Committees. His voting record was
consistent with his allegiance to President
FRANKLIN D. ROOSEVELT and the DEMOCRATIC PARTY.
McGranery resigned his seat in the fall of
1943 when his congressional district was elimi-
nated by reapportionment. Roosevelt was reluc-
tant to lose McGranery’s longtime support, so
he offered to create a position for McGranery in
the
JUSTICE DEPARTMENT as assistant to Attorney
General
FRANCIS BIDDLE. McGranery accepted. He
served as the department’s chief administrative
officer and chief liaison with Congress and other
federal departments and agencies during the
WORLD WAR II years. He also reviewed board-of-
appeals findings under the Selective Service Act
(50 U.S.C.A. App. 451-471a).
After the war, McGranery remained in the
Department of Justice to serve as chief assistant to
Truman’s first attorney general,
TOM C. CLARK.
Though McGranery held a position of promi-
nence, he was not as involved or influential under
Clark as he had been under Biddle. History
suggests that Clark shut McGranery out of
high-profile or sensitive cases, including one
involving a vote-fraud allegation in the presi-
dent’s home district; a mail-fraud case against a

bond dealer who raised funds for Truman, which
was dismissed; and an investigation of Amerasia,
a left-wing magazine devoted to Asian affairs.
McGranery resigned his post in October 1946 to
accept an a ppointm ent from T ru man to the federal
bench in t he Ea st ern D is trict o f P ennsylva nia.
Judge McGranery quickly established a
reputation as a tough jurist. Critics described
James P. McGranery.
LIBRARY OF CONGRESS.
NO SPECIFIC INTENT
TO MONOPOLIZE IS
NECESSARY
; THE
ONLY RELEVANT
INTENT IS THE INTENT
TO ENTER INTO THE
BUSINESS
ARRANGEMENTS
WHICH GIVE RISE TO
THE POWER
.
—JAMES MCGRANERY
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
14 MC GRANERY, JAMES PATRICK
him as high-handed, autocratic, and inclined to
favor the government’s position on any given
issue. Even former attorney general Biddle
acknowledged that McGranery was essentially
an advocate rather than a judge.

In one celebrated pronouncement, McGran-
ery ruled in 1949 that Representative Earl
Chudoff (D-Pa.) could not appear as a defense
attorney in McGranery’s court because, as a
government employee, the congressman had an
inherent conflict in representing a client in a
federal proceeding (Chudoff v. McGranery, 179
F.2d 869).
During his years on the federal bench,
McGranery’s name was often mentioned in
connection with nominations to Democratic
Party and government posts including chairman
of the Democratic National Committee, post-
master general, and attorney general. It was just
as often discounted because of McGranery’s
personal reputation. McGranery was well-known
to be given to emotional outbursts; he had a
history of erratic behavior dating back to his early
days in the Department of Justice.
Despite warnings from a number of quar-
ters, Truman asked McGranery to fill the
attorney general post in the spring of 1952,
following the departure of
J. HOWARD MCGRATH.
Truman had reluctantly asked for McGrath’s
resignation after McGrath had failed to cooper-
ate with, and later fired, a special assist ant who
had been named to investigate corrupt practices
inside the Department of Justice and the Bureau
of Internal Revenue. A confirmation committee

in Congress briefly raised the issue of McGran-
ery’s participation in the Amerasia incident and
speculated that he might try to block the
ongoing Department of Justice investigation
just as McGrath had. Nevertheless, after some
discussion, McGranery was confirmed as attor-
ney general. To the surprise of many of his
longtime critics, he oversaw a thorough inquiry
that led to numerous dismissals and prosecu-
tions in both the Department of Justice and the
Bureau of Interna l Revenue.
McGranery made a number of other con-
tributions as attorney general, including the
initiation of antitrust cases in the oil and steel
industries, the diamond trade, and magazine
wholesaling; the prosecution of American
Communist Party leaders; the deportation of
organized-crime figure s; and the instigation of
Department of Justice support for the cause
of school
INTEGRATION in BROWN V. BOARD OF
EDUCATION OF TOPEKA
, KANSAS (347 U.S. 483, 74
S. Ct. 686, 98 L. Ed. 873 [1954]). His office
helped to provide the basis for that decision
overruling the “separate-but-equal” doctrine.
At the close of the Truman administration,
McGranery practiced law in Washington, D.C.,
and Philadelphia. He died on December 23,
1962, in Palm Beach, Florida.

v
MCGRATH, JAMES HOWARD
James Howard McGrath, a three-term governor
and U.S. senator from Rhode Island, served as
SOLICITOR GENERAL and attorney general of the
United States under President
HARRY S. TRUMAN.
McGrath was born November 28, 1903, in
Woonsocket, Rhode Island, and reared in nearby
Providence. His father, James J. McGrath,
worked as a knitter in a woolen mill before
venturing into real estate and insurance. He rose
James Howard McGrath 1903–1966
❖
❖
◆
1903 Born,
Woonsocket,
R.I.
1926 Graduated
from Providence
College
1914–18
World War I
1966 Died,
Narragansett, R.I.
1934–40
Served as
U.S. district
attorney for

Rhode Island
1961–73
Vietnam War
1939–45
World War II
1950–53
Korean War
▼▼
▼▼
1900
1950
1975
1925
1950 Argued Henderson v. United States before Supreme Court
1947 Chosen to chair the Democratic National Committee
1930 Became chair of Rhode
Island Democratic State Committee
1947–49 Served in U.S. Senate
1930–34 Served as solicitor of Central Falls, R.I.
◆
1940–45 Served as governor of Rhode Island
◆
1945 Appointed as solicitor general of the United States
◆
1949–52 Served as U.S. attorney general
under President Truman
◆
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
MC GRATH, JAMES HOWARD 15
to prominence through his association with the

Independent Order of Foresters (a fraternal
insurance organization), handling the company’s
affairs in the New England states. His mother,
Ida E. May McGrath, used her training as a
bookkeeper to manage the family’s financial
affairs while her husband was on the road.
As a young boy, McGrath set out to win a
subscription contest at a Providence newspaper
by targeting his father’s business colleagues as
potential subscribers. He sold a record number of
new subscriptions and, in the process, captured
the attention of the newspaper’s owner, Rhode
Island senator Peter G. Gerry.
When he was not selling newspapers,
McGrath attended Providence’s La Salle Acade-
my. He completed his undergraduate studies in
1922 and enrolled at Providence College. During
his college years, McGrath was a founding
member and the first president of the Young
Men’s Democratic League of Rhode Island.
By graduation day in 1926, McGrath knew
he wanted a career in politics. While waiting to
attend law school, McGrath approached Senator
Gerry and asked for a summer job. Gerry
remembered the young man and put him to
work in his senate office. McGrath worked for
Gerry until his graduation from Boston Univer-
sity Law School in 1929. Following his
ADMISSION
TO THE BAR

, McGrath joined a Providence law firm
and decided to marry. He and his wife, Estelle A.
Cadorette McGrath, had one son, James David
McGrath, in 1930.
Though 1929 and 1930 were years of change
and new beginnings for McGrath, his interest in
politics remained constant. He had been named
vice chairman of the Rhode Island Democratic
State Committee in 1928; by 1930, he was
chairman of the committee and ready to make
his own place in the political arena. McGrath’s
first political appointment came in late 1930
when he was named city solicitor of Central
Falls, Rhode Island. He served in that post for
four years before resigning to accept a second
appointment as U.S. district attorney for Rhode
Island in 1934.
With McGrath’s growing prominence in
legal and business circles came growing influ-
ence in Rhode Island’s
DEMOCRATIC PART Y. From
his position as chairman of the Rhode Island
Democratic State Committee, he rose to chair-
man of the Rhode Island delegation at the
Democratic National Convention in 1932. Age
twenty-eight at the time, he was the youngest
man ever to hold the job.
By 1940, he had laid the foundation for a
successful bid for the state’s highest office. He
sought and received the gubernatorial nomina-

tion from the Democratic party, and he defeated
Republican incumbent William H. Vanderbilt
by a large margin.
McGrath served as governor of Rhode Island
for three consecutive terms. In that office, he
revised the state tax structure, reorganized the
juvenile court system, established a labor rela-
tions board, and started a
WORKERS’ COMPENSATION
fund. During WORLD WAR II, he continued to serve
as governor while chairing the Rhode Island
State Council of Defense and assisting the U.S.
TREASURY DEPARTMENT with war financing activities.
McGrath’sworkwasnoticedbynational
Democratic leaders including President
FRANKLIN
D
. ROOSEVELT. It was not long before he was asked
to serve on a committee to organize the 1944
Democratic National Convention and to help
secure the presidential nomination for Roose-
velt’s vice president, Truman. McGrath, who had
seconded Truman’s vice presidential nomination
at the previous convention, was an eager and
hardworking member of the committee. He liked
Truman—and the feeling was mutual.
After Truman’s election, in October 1945,
McGrath was rewarded with an appointment to
the post of solicitor general of the United States.
As solicitor general, he successfully defended the

constitutionality of the Public Holding Com-
pany Act (15 U.S.C.A. § 79 et seq.) and fully
supported an international military tribunal’s
conviction of Japan’s General Tomoyuki Yama-
shita for
WAR CRIMES.
In 1946 McGrath was elected to the U.S.
Senate. While in office, McGrath fought the
removal of wartime economic controls and
the reduction of income taxes instituted during
the war years. He thought the additional money
should be used to broaden
SOCIAL SECURITY
initiatives, underwrite national HEALTH INSUR-
ANCE
, and fund education. He also encouraged
his colleagues to speak out on
HUMAN RIGHTS
issues, charging that in the years before World
War II, the United States almost encouraged the
Nazis by not speaking out against them.
In September 1947 McGrath became Tru-
man’s handpicked candidate to chair the Demo-
cratic National Committee and to orchestrate the
[COMMUNISTS] ARE
EVERYWHERE
—IN
FACTORIES
, OFFICES,
BUTCHER SHOPS, ON

STREET CORNERS
, IN
PRIVATE BUSINESS
—
AND EACH CARRIES IN
HIMSELF THE GERMS
OF DEATH FOR
SOCIETY
.
—JAMES MCGRATH
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
16 MC GRATH, JAMES HOWARD
president’s reelection bid. McGrath was formally
elected to the post a month later.
Under McGrath’s leadership, the party in
1948 waged a tough, and sometimes divisive,
national effort that carried many state and local
Democratic candidates into office and resulted in
Truman’s narrow victory over
THOMAS E. DEWEY.
After the election, McGrath returned to the
Senate. Almost immediately, the Rhode Island
Charities Trust came under investigation by a
Senate subcommittee. As a trustee, McGrath
was called to explain the organization’s financial
practices. The investigation ran its course
without result, but a cloud remained over
McGrath’s personal finances.
McGrath’s declining sphere of influence was
most evident when he tried to find support for his

legislative initiatives. He continued to sponsor
unpopular measures addressing social issues,
including a
CIVIL RIGHTS bill supported by the
administration in late 1949. His efforts to push
the bill through the Senate further angered
powerful southern Democrats he had offended
during the presidential campaign by ending a
policy of racially segregating the staff at Demo-
cratic national headquarters. (Though this
change in policy had caused tremendous turmoil
within the party and precipitated a loss of support
in many southern states, it had also helped to
deliver the crucial black vote needed in 1948 to
carry Illinois, New York, and Ohio.)
It was in this climate that McGrath was
appointed to replace
TOM C. CLARK as U.S. attorney
general after Truman named Clark to the U.S.
Supreme Court. The press blasted McGrath’s
appointment, saying it demonstrated a terrible
lack of judgment on Truman’s part. McGrath
resigned his Senate seat in December 1949 to
accept the appointment.
With Truman’s blessing, McGrath continued
to be a strong advocate for civil rights. During his
term as attorney general, the
JUSTICE DEPARTMENT
first challenged the constitutionality of racial
SEGREGATION. McGrath argued a number of

important cases before the U.S. Supreme Court
in the spring of 1950, including a landmark case
in which the High Court outlawed discriminatory
dining arrangements in railroad cars (Henderson
v. United States, 33 9 U.S. 816, 70 S. Ct. 843, 94 L.
Ed. 1302).
Though he had a few bright moments,
McGrath’s subordinates and colleagues did not
consider him a particularly effective attorney
general. His most egregious error occurred when
a House Ways and Means subcommittee uncov-
ered evidence of corruption in the Bureau of
Internal Revenue and in the Tax Division of the
Justice Department. Truman’sinitialresponse,in
January 1952, was to announce that the Justice
Department would investigate and clean up any
corruption in the government. When critics
objected to the Justice Department’s investigating
itself, the president appointed New York Repub-
lican Newbold Morris to conduct an independent
investigation of the charges.
Initially, McGrath promised full coopera-
tion, but he had second thoughts when Morris
asked him and other top Justice Department
officials to complete a detailed financ ial ques-
tionnaire. Calling the questionnaire a violation
of individual rights and an invasion of privacy,
McGrath refused to complete or submit the
document—or to order his subordinates to do
so. Three days later, McGrath forced Truman’s

hand by firing the special investigator and
resuming charge of the investigation. In the
political uproar that followed, the president had
no choice but to ask for McGrath’s resignation.
After leaving office, McGrath continued to
be active in Democratic politics. In 1956 he
managed Senator Estes Kefauver’s vice presi-
dential campaign, and in 1960 he made an
unsuccessful attempt to regain his old Senate
seat. After retiring from politics, he practiced
law and managed his many business interests.
McGrath died on September 2, 1966, in
Narragansett, Rhode Island.
M.C.J.
An abbreviation for master of comparative JURIS-
PRUDENCE
, a degree awarded to foreign l awyers
trained in
CIVIL LAW countries who have successfully
completed a year of full-time study of the Anglo-
American legal system.
The M.C.J. degree is ordinarily offered by
universities and law schools that have compara-
tive law departments. It is awarded to highly
qualified foreign lawyers who intend to return
to the legal profession in a foreign country after
completion of their studies in the United States.
v
MCKENNA, JOSEPH
Joseph McKenna rose from humbl e immigrant

roots as a baker’ssontoapositionofprominence
in California Republican politics.McKenna served
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
MC KENNA, JOSEPH 17