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 . 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. 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. 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