John Marshall Harlan, often referred to as "The Great Dissenter," was a prominent figure in American legal history. Serving as an associate justice of the Supreme Court of the United States from 1877 until his death in 1911, Harlan was known for his strong opinions and dissents in cases that restricted civil liberties. His views, particularly those expressed in his dissents, would later become the official stance of the Supreme Court, especially during
the Warren Court era. This article explores Harlan's life, his significant contributions to the Supreme Court, and his enduring legacy.
Early Life and Career
John Marshall Harlan was born on June 1, 1833, near Danville, Kentucky, into a prominent slave-holding family. His father, James Harlan, was a lawyer and politician who served as Secretary of State of Kentucky. Despite his family's background, Harlan was a staunch Unionist during the American Civil War, even recruiting the 10th Kentucky Infantry to support the Union cause. He served in the war until 1863, when he was elected attorney general of Kentucky.
Harlan's early political career was marked by his opposition to the Emancipation Proclamation and the Thirteenth Amendment, which he viewed as unconstitutional. However, his views evolved over time, and he eventually joined the Republican Party, becoming a leader in the Kentucky Republican Party. In 1877, President Rutherford B. Hayes appointed Harlan to the Supreme Court, where he would serve for over three decades.
Supreme Court Tenure
Harlan's tenure on the Supreme Court was characterized by his belief in a strong national government and his sympathy for the economically disadvantaged. He was a firm advocate for civil rights, often finding himself in the minority when the Court ruled against such measures. One of his most famous dissents was in the Civil Rights Cases of 1883, where he argued that the Thirteenth and Fourteenth Amendments empowered Congress to eradicate the vestiges of slavery and regulate public accommodations.
Harlan was also a proponent of the incorporation of the Bill of Rights, arguing that the Fourteenth Amendment made these rights applicable to the states. His majority opinion in Chicago, Burlington & Quincy Railroad Co. v. City of Chicago (1897) incorporated the Takings Clause, marking the first time a part of the Bill of Rights was applied to state governments.
The Great Dissenter
Harlan earned the nickname "The Great Dissenter" for his numerous dissents in cases that restricted civil liberties. Perhaps his most famous dissent was in Plessy v. Ferguson (1896), where the Court upheld the constitutionality of racial segregation under the "separate but equal" doctrine. Harlan was the sole dissenter, arguing that the Constitution is "color-blind" and does not tolerate classes among citizens. His dissent in Plessy would later be vindicated by the Court's decision in Brown v. Board of Education (1954), which overturned the "separate but equal" doctrine.
Harlan's dissents extended beyond civil rights cases. He also dissented in cases like Pollock v. Farmers' Loan & Trust Co. (1895), which struck down a federal income tax, and United States v. E. C. Knight Co. (1895), which limited the federal government's power to pursue antitrust actions. In these cases, Harlan consistently argued for a broader interpretation of federal powers and protections.
Legacy and Impact
John Marshall Harlan's legacy as a Supreme Court justice is profound. His dissents laid the groundwork for future legal interpretations and decisions that expanded civil rights and federal powers. Many of his views, once considered minority opinions, have become central to American constitutional law.
Harlan's belief in a "color-blind" Constitution and his advocacy for civil rights have made him a revered figure in legal history. His life and career serve as a testament to the enduring power of dissent and the importance of standing up for one's principles, even in the face of overwhelming opposition.
Harlan's influence extends beyond his lifetime, as his grandson, John Marshall Harlan II, also served as a Supreme Court justice from 1955 to 1971. The Harlan legacy continues to be celebrated in various ways, including the naming of schools and legal programs in his honor.
In conclusion, John Marshall Harlan's contributions to the Supreme Court and his unwavering commitment to justice and equality have left an indelible mark on American legal history. His life and work continue to inspire future generations of legal scholars and practitioners, reminding us of the importance of dissent and the pursuit of justice for all.
