
Early Life and Political Career
Sutherland moved to the United States as a child, growing up in Utah Territory. He was admitted to the bar at just 21 and quickly rose through legal and political ranks. His political career included time in the Utah State Senate, the U.S. House of Representatives, and the U.S. Senate, where he gained a reputation for his advocacy for business interests and constitutional conservatism.
Supreme Court Tenure
Appointed by President Warren G. Harding in 1922, Sutherland’s judicial philosophy was shaped by his belief in limited government and the sanctity of property rights:
- Property Rights: Sutherland was a key figure in cases that expanded or protected property rights, most notably in Village of Euclid v. Ambler Realty Co. (1926), where he upheld zoning laws but with clear limits to protect property owners’ rights.
- Judicial Restraint: He advocated for courts to respect legislative decisions unless they were clearly unconstitutional, often seen in his opinions supporting economic liberty against what he perceived as government overreach.
- Notable Decisions:
- Adkins v. Children’s Hospital (1923): Sutherland’s opinion invalidated minimum wage laws for women, arguing they infringed on freedom of contract under the Due Process Clause.
- Powell v. Alabama (1932): In a notable shift, he joined a unanimous decision ensuring the right to counsel for indigent defendants in capital cases, expanding due process rights.
Legacy and Influence
- Constitutional Interpretation: Sutherland’s views on the Commerce Clause and due process significantly shaped legal interpretations, particularly during the Lochner era, where economic regulations were often struck down.
- Four Horsemen: He was part of the “Four Horsemen” of the Supreme Court, known for their opposition to New Deal legislation, which played a critical role in the political drama surrounding FDR’s court-packing plan.
- Civil Liberties: Despite his conservative economic views, Sutherland contributed to the expansion of civil liberties, as seen in cases like Powell and De Jonge v. Oregon (1937), where he supported free speech rights.
Criticism
Sutherland’s strict interpretation of property rights and economic freedoms was seen by critics as obstructing necessary social and economic reforms during the Great Depression. His resistance to New Deal policies, in particular, drew significant criticism from those advocating for government intervention in economic affairs.
Conclusion
George Sutherland’s judicial career significantly influenced American constitutional law, particularly in the realms of property rights and the scope of government regulation. His tenure on the Supreme Court is a study in the tension between judicial philosophies of restraint versus activism, particularly in the context of economic policy.