Frederick Bernays Wiener
Encyclopedia
Frederick Bernays "Fritz" Wiener (1 June 1906 – 1 October 1996) was an American jurist
specializing in military justice and constitutional law
who became famous for the 1957 case of Reid v. Covert
, which represents the only time a lawyer lost in the Supreme Court of the United States
but prevailed on rehearing. That case was particularly notable in that it established that "no agreement with a foreign nation [i.e., no treaty] can confer power on the Congress
, or on any other branch of Government, which is free from the restraints of the Constitution
."
He is also noted for arguing for the victorious appellants in the racial discrimination case Moose Lodge No. 107 v. Irvis, , and the losing appellant in the reapportionment case Roman v. Sincock, .
in 1927, and magna cum laude from Harvard Law School
, where he was note editor for the Harvard Law Review
, in 1930. He was admitted to the bar of Rhode Island
the next year, and the Supreme Court bar in 1934.
During World War II
, he served in the Judge Advocate General's Corps
, retiring from the United States Army
in 1966 with the rank of Colonel
. Working for the Solicitor General's Office
and later in private practice, he often argued before the U.S. Supreme Court.
From 1951-1956, he lectured in law at George Washington University
, while also lecturing before foreign and domestic groups. In 1962 he was awarded a Guggenheim Fellowship
. He retired from active practice in 1973 while continuing occasional consultations. In 1974, he was awarded the U.S. Army's Outstanding Civilian Service Medal.
Wiener was called no less than seven times to testify before Congress on matters pertaining to military law. On 6 August 1984, he testified before the United States Senate
Governmental Affairs Subcommittee on Civil Service, Post Office and General Services, chaired by Senator Ted Stevens
, against the passage of Senate Bill 2116, a bill which, based on the findings of the Commission on Wartime Relocation and Internment of Civilians
, sought to provide an apology and financial reparations to Japanese-Americans interned during World War II. Wiener testified that the Commission's report contained numerous misstatements and omissions that led to erroneous conclusions, in part because several of the Commissioners had made up their minds before the investigation began. The bill died in committee without coming up for a vote.
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
specializing in military justice and constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
who became famous for the 1957 case of Reid v. Covert
Reid v. Covert
Reid v. Covert, , is a landmark case in which the United States Supreme Court ruled that the Constitution supersedes international treaties ratified by the United States Senate...
, which represents the only time a lawyer lost in the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
but prevailed on rehearing. That case was particularly notable in that it established that "no agreement with a foreign nation [i.e., no treaty] can confer power on the Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, or on any other branch of Government, which is free from the restraints of the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
."
He is also noted for arguing for the victorious appellants in the racial discrimination case Moose Lodge No. 107 v. Irvis, , and the losing appellant in the reapportionment case Roman v. Sincock, .
Education and career
Wiener graduated cum laude from Brown UniversityBrown University
Brown University is a private, Ivy League university located in Providence, Rhode Island, United States. Founded in 1764 prior to American independence from the British Empire as the College in the English Colony of Rhode Island and Providence Plantations early in the reign of King George III ,...
in 1927, and magna cum laude from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
, where he was note editor for the Harvard Law Review
Harvard Law Review
The Harvard Law Review is a journal of legal scholarship published by an independent student group at Harvard Law School.-Overview:According to the 2008 Journal Citation Reports, the Review is the most cited law review and has the second-highest impact factor in the category "law" after the...
, in 1930. He was admitted to the bar of Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
the next year, and the Supreme Court bar in 1934.
During World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, he served in the Judge Advocate General's Corps
Judge Advocate General's Corps
Judge Advocate General's Corps, also known as JAG or JAG Corps, refers to the legal branch or specialty of the U.S. Air Force, Army, Coast Guard, and Navy. Officers serving in the JAG Corps are typically called Judge Advocates. The Marine Corps and Coast Guard do not maintain separate JAG Corps...
, retiring from the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
in 1966 with the rank of Colonel
Colonel
Colonel , abbreviated Col or COL, is a military rank of a senior commissioned officer. It or a corresponding rank exists in most armies and in many air forces; the naval equivalent rank is generally "Captain". It is also used in some police forces and other paramilitary rank structures...
. Working for the Solicitor General's Office
United States Solicitor General
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
and later in private practice, he often argued before the U.S. Supreme Court.
From 1951-1956, he lectured in law at George Washington University
George Washington University
The George Washington University is a private, coeducational comprehensive university located in Washington, D.C. in the United States...
, while also lecturing before foreign and domestic groups. In 1962 he was awarded a Guggenheim Fellowship
Guggenheim Fellowship
Guggenheim Fellowships are American grants that have been awarded annually since 1925 by the John Simon Guggenheim Memorial Foundation to those "who have demonstrated exceptional capacity for productive scholarship or exceptional creative ability in the arts." Each year, the foundation makes...
. He retired from active practice in 1973 while continuing occasional consultations. In 1974, he was awarded the U.S. Army's Outstanding Civilian Service Medal.
Wiener was called no less than seven times to testify before Congress on matters pertaining to military law. On 6 August 1984, he testified before the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Governmental Affairs Subcommittee on Civil Service, Post Office and General Services, chaired by Senator Ted Stevens
Ted Stevens
Theodore Fulton "Ted" Stevens, Sr. was a United States Senator from Alaska, serving from December 24, 1968, until January 3, 2009, and thus the longest-serving Republican senator in history...
, against the passage of Senate Bill 2116, a bill which, based on the findings of the Commission on Wartime Relocation and Internment of Civilians
Commission on Wartime Relocation and Internment of Civilians
The Commission on Wartime Relocation and Internment of Civilians was a group of people appointed by the U.S. Congress to conduct an official governmental study of Executive Order 9066, related wartime orders and their impact on Japanese Americans in the West and Alaska Natives in the Pribilof...
, sought to provide an apology and financial reparations to Japanese-Americans interned during World War II. Wiener testified that the Commission's report contained numerous misstatements and omissions that led to erroneous conclusions, in part because several of the Commissioners had made up their minds before the investigation began. The bill died in committee without coming up for a vote.