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Jurist

James Bradley Thayer

Common Law Founders and Commentators

James Bradley Thayer was an American legal scholar and educator who lived from 15 January 1831 to 14 February 1902. He taught at Harvard Law School from 1873 until his death, eventually holding the Weld professorship, and his students there included Oliver Wendell Holmes Jr. and Learned Hand. In his 1893 article The Origin and Scope of the American Doctrine of Constitutional Law he articulated what became known as rational basis review, arguing that courts should strike down a statute only when its unconstitutionality is so clear as to leave no room for rational doubt, a doctrine of judicial restraint that shaped the development of American constitutional law.

Facts
Role
Legal theorist and educator known for articulating the concept of rational basis review 1
Nationality / Jurisdiction
American 1
Born
1831 2
Birth Date
1831-01-15 2
Birthplace
Haverhill 2
Died
1902 2
Death Date
1902-02-14 2
Place of Death
Cambridge 2
Role
Role (category)
Jurist 2
Role (category)
Lawyer 2
Role (category)
Legal Scholar 2
Classification
Field of Law
Legal Philosophy and Jurisprudence 1
Gender
Male 1
FAQs

Could a judge uphold a law he thought was unconstitutional?

Yes, Thayer said a judge may uphold a law on the grounds of restraint even if he believed it unconstitutional as a legislator.

According to James Bradley Thayer, yes. The Harvard law professor observed that a legislator might vote against a law because he believed it unconstitutional but nonetheless, if he later became a judge, properly vote to uphold it on the grounds of restraint. Britannica cites this observation as an early scholarly endorsement of judicial restraint.
Connections

In Legal System

Source James Bradley Thayer (Wikipedia)
In the Other Atlases

Nationality

Also in Geography Atlas: the nationality of this subject.

Source James Bradley Thayer (Wikipedia)tier 2
Sources
1. James Bradley Thayer (Wikipedia)
Wikipedia
  • Entity description, gender
    He taught at Harvard Law School from 1873 until his death, eventually holding the Weld professorship, and his students there included Oliver Wendell Holmes Jr. and Learned Hand.
  • External links section
    Works by or about James Bradley Thayer at the Internet Archive James Bradley Thayer (January 15, 1831 - February 14, 1902) was an American legal theorist and educator known for articulating the concept of rational basis review.
  • In Legal System: Law of the United States, Wikipedia lead sentence
    was an American legal theorist and educator known for a
View the Source
2. Wikidata: James Bradley Thayer
  • Wikidata Q15502772, P569 date of birth claim (year)
    P569 (date of birth): 1831
  • Wikidata Q15502772, P569 date of birth claim (full date)
    P569 (date of birth): 1831-01-15
  • Wikidata Q15502772, P570 date of death claim (year)
    P570 (date of death): 1902
  • Wikidata Q15502772, P570 date of death claim (full date)
    P570 (date of death): 1902-02-14
  • Wikidata Q15502772, P19 place of birth claim
    P19 (place of birth): Haverhill
  • Wikidata Q15502772, P20 place of death claim
    P20 (place of death): Cambridge
View the Source
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