It’s c
oming up on presidential primary season and all candidates are dusting off their resumes. “Vote for me!” I’m a Senator. I’m a Doctor. I’m a CEO. I’m a Secretary of State. I’m a Governor.
In due course, one of these people will be able to say “I’m the President.”
Nice work if you can get it. But what happens next? What on earth is a former President qualified to do?
How about serving on the Supreme Court? As the Chief Justice?
Can’t be done, you say? Separation of Powers, you say?
Not so fast.
Meet William Howard Taft — the only person to have ever held both offices — President from 1909-1913 and Chief Justice from 1921-1930.
Taft’s resume is impressive: Prosecutor, Judge, U.S. Solicitor General, Territorial Governor, Secretary of War, Acting Secretary of State, President of the United States, Law Professor/Legal Scholar, and Chief Justice of the Supreme Court.
As Chief Justice, Taft added a number of other “firsts” to his career:
- He was both preceded and followed in office by Chief Justices whom he had initially nominated to the Court.
- He was the only former President to administer the oath of office to other Presidents.
But, most importantly, Justice Taft was instrumental in the passage of the Judiciary Act of 1925. This Act changed the nature of Supreme Court review from a (largely) appellate process to a (largely) discretionary process: review by writ of certiorari.
The Court was now free to direct its attention to matters of national importance — as determined by the “Rule of 4” requirement for granting certiorari. This change dramatically reduced the number of “appeals” heard by the Court, enabling it to become the more deliberative body that is customary today.
So for those of you who agonize over whether your petition will be granted (and who doesn’t?), you can thank President/Chief Justice William Howard Taft.