Justice John Marshall Harlan II, a towering figure in American jurisprudence, served on the Supreme Court of the United States from 1955 to 1971. Known as the “great dissenter” of the Warren Court era, Harlan’s judicial philosophy emphasized judicial restraint, individual liberties, and a balanced interpretation of the Constitution. Appointed by President Dwight D. Eisenhower, Harlan II carried forward the legacy of his grandfather, John Marshall Harlan, who famously dissented in Plessy v. Ferguson.
Harlan’s tenure on the bench left an indelible mark on constitutional law, particularly in areas such as due process, equal protection, and the evolving interpretation of civil rights. His measured and principled approach to the law continues to influence legal thought and jurisprudence today.
Early Life and Career
John Marshall Harlan II was born on May 20, 1899, in Chicago, Illinois, into a family steeped in legal and public service traditions. His grandfather, Justice John Marshall Harlan, served on the Supreme Court in the late 19th century and was a staunch advocate for racial equality. Harlan II grew up in a privileged environment, attending Princeton University and later studying law at New York Law School and Balliol College, Oxford, as a Rhodes Scholar.
Harlan began his legal career at a prestigious New York law firm but left to serve in the U.S. Army Air Force during World War II. After the war, he returned to private practice and became a prominent figure in legal circles. His work as chief counsel for the New York State Crime Commission gained national recognition, highlighting his commitment to justice and public service.
Supreme Court Appointment
In 1954, President Eisenhower nominated Harlan to the Supreme Court, filling the vacancy left by Justice Robert H. Jackson. Despite initial opposition from Southern senators over his perceived stance on civil rights, Harlan was confirmed in 1955, becoming the 89th justice of the Supreme Court. His appointment came during a transformative period in American history, marked by landmark cases addressing civil rights, due process, and the separation of powers.
Judicial Philosophy: Defender of Judicial Restraint
Harlan’s judicial philosophy centered on the principle of judicial restraint, emphasizing that the judiciary should respect the role of the legislative and executive branches while interpreting the Constitution. He believed that the Constitution should be read as a cohesive whole, with its principles evolving to meet the needs of a changing society without overstepping the bounds of judicial authority.
Harlan’s respect for precedent, or stare decisis, was a cornerstone of his approach. He consistently advocated for cautious and incremental changes in the law, opposing sweeping judicial activism. This philosophy often put him at odds with the liberal Warren Court majority, though his dissents were deeply reasoned and grounded in constitutional principles.
Key Contributions to Constitutional Law
1. Civil Rights and Equal Protection
While Harlan was not known for aligning with the Warren Court’s more activist stance on civil rights, he nonetheless played a pivotal role in shaping the Court’s approach to equal protection under the law. In Reynolds v. Sims (1964), Harlan dissented from the Court’s decision mandating “one person, one vote” in legislative districting. He argued that such matters should be left to the political process rather than judicial intervention.
However, Harlan supported desegregation efforts and was instrumental in cases advancing racial equality. His nuanced approach balanced respect for constitutional principles with a recognition of the need for social progress.
2. Due Process and the Bill of Rights
Harlan’s most significant contributions to constitutional law came in his interpretation of the Fourteenth Amendment and its application to the Bill of Rights. In Mapp v. Ohio (1961), which extended the exclusionary rule to state courts, Harlan dissented, emphasizing his concern for federalism and the careful balance between state and federal authority.
In contrast, his concurring opinion in Griswold v. Connecticut (1965) laid the groundwork for the concept of a constitutional right to privacy. Harlan argued that the Fourteenth Amendment’s Due Process Clause protected fundamental rights not explicitly enumerated in the Constitution, offering a broad interpretation that influenced later landmark cases like Roe v. Wade (1973).
3. Freedom of Speech and the First Amendment
Harlan was a steadfast defender of the First Amendment and its protections of free speech. In Cohen v. California (1971), which dealt with offensive language and political protest, Harlan authored the majority opinion affirming that the government could not restrict speech simply because it was provocative or unpopular. His commitment to individual liberties and limited government intervention was a hallmark of his jurisprudence.
4. Criminal Procedure and the Rights of the Accused
Harlan’s balanced approach extended to criminal law, where he often sided with protecting the rights of the accused while ensuring that law enforcement retained necessary powers. In Miranda v. Arizona (1966), he dissented from the Court’s requirement for police to inform suspects of their rights, arguing that the decision imposed excessive procedural burdens on law enforcement. Despite his dissent, Harlan’s opinions were deeply rooted in constitutional principles and respect for the rule of law.
The “Great Dissenter” of the Warren Court
Harlan’s frequent dissents during the Warren Court era reflected his commitment to judicial restraint and constitutional integrity. While many of his positions placed him in the minority, his writings earned widespread respect for their intellectual rigor and thoughtful reasoning. His dissents often served as a counterbalance to the Court’s more activist majority, ensuring that alternative perspectives were considered in shaping American law.
Legacy and Influence
Justice John Marshall Harlan II retired from the Supreme Court in 1971 due to declining health and passed away later that year. His legacy endures as a champion of individual liberties, federalism, and judicial restraint. Legal scholars and jurists continue to study his opinions for their clarity, balance, and respect for democratic institutions.
Harlan’s impact is particularly evident in modern debates over constitutional interpretation. His emphasis on reasoned deliberation and incremental change remains a guiding principle for judges navigating the complex interplay between law and society.
Justice John Marshall Harlan II: Key Takeaways
- Judicial Philosophy: Advocated judicial restraint, respect for precedent, and balanced constitutional interpretation.
- Civil Rights Contributions: Supported desegregation and equal protection under the law while emphasizing the limits of judicial intervention.
- Due Process Advocate: Expanded the understanding of fundamental rights under the Fourteenth Amendment.
- First Amendment Defender: Championed free speech and limited government interference.
- Influence: Known as the “great dissenter” for his principled disagreements with the Warren Court majority.
Summary
Justice John Marshall Harlan II played a pivotal role in shaping American constitutional law during his tenure on the Supreme Court. Appointed by President Eisenhower, Harlan’s pragmatic approach emphasized judicial restraint, federalism, and the protection of individual liberties. His influential opinions on due process, equal protection, and free speech continue to guide legal thought today.
For anyone exploring the history of the Supreme Court and its justices, Harlan’s legacy serves as a testament to the importance of balancing constitutional principles with evolving societal needs. By addressing complex legal issues with intellectual rigor and a deep respect for democracy, Justice Harlan remains one of the most respected figures in U.S. judicial history.
