Justice Henry Brockholst Livingston
Today’s Justice of the Day is: HENRY BROCKHOLST LIVINGSTON. Justice Livingston was born on this day, November 25, in 1757.
Justice Livingston was born in New York City, New York, in the state where he was raised, spent much of his professional life and from which he would be appointed to the Supreme Court of the United States. He went on to attend the College of New Jersey (today called Princeton University), which he graduated from with a B.A. in 1774.
One year after graduating, Justice Livingston entered the American Revolutionary War on the side of the Continental Army, becoming a lieutenant colonel on the staff of General Philip Schuyler. He served in that capacity until 1777, then became a private secretary to then-United States Minister to Spain (and eventual inaugural holder of the position of Chief Justice of the United States), John Jay, in 1789. In 1782, the year Justice Livingston left that position, he was briefly held captive by the British in New York. He was freed soon thereafter, and returned to his home town of New York City the following year to enter private practice. Justice Livingston ceased working as a private attorney upon taking office as an Associate Justice of the Supreme Court of Judicature of New York in 1802, where he would remain until his elevation to the SCUS.
Justice Livingston received a recess appointment from President Thomas Jefferson on November 10, 1806, to a seat vacated by Justice William Paterson. He was then nominated to the same position by President Jefferson on December 15, was confirmed by the United States Senate two days later, and received his commission on January 16, 1807. Justice Livingston took the Judicial Oath to officially join the SCUS on January 20, and served his entire tenure on the Marshall Court. His service was terminated on March 18, 1823, due to his death.
Justice Livingston is not particularly well remembered today. Perhaps the most famous case he took part in was McCulloch v. Maryland (1819), wherein he joined a unanimous court in establishing for the first time the supremacy of the nation’s Constitution over the whims of its constituent states.