The Great Dissenter

The Story of John Marshall Harlan, America's Judicial Hero

Peter S. Canellos

• Publisher: Simon & Schuster
• Year: 2021
• ISBN:
  9781501188220
• Topic: Law
• Subtopic: Law Biographies
• Index: Law

The "superb" ( The Guardian ) biography of an American who stood against all the forces of Gilded Age America to fight for civil rights and economic freedom: Supreme Court Justice John Marshall Harlan. They say that history is written by the victors. But not in the case of the most famous dissenter on the Supreme Court. Almost a century after his death, John Marshall Harlan's words helped end segregation and gave us our civil rights and our modern economic freedom.But his legacy would not have been possible without the courage of Robert Harlan, a slave who John's father raised like a son in the same household. After the Civil War, Robert emerges as a political leader. With Black people holding power in the Republican Party, it is Robert who helps John land his appointment to the Supreme Court.At first, John is awed by his fellow justices, but the country is changing. Northern whites are prepared to take away black rights to appease the South. Giant trusts are monopolizing entire industries. Against this onslaught, the Supreme Court seemed all too willing to strip away civil rights and invalidate labor protections. So as case after case comes before the court, challenging his core values, John makes a fateful decision: He breaks with his colleagues in fundamental ways, becoming the nation's prime defender of the rights of Black people, immigrant laborers, and people in distant lands occupied by the US.Harlan's dissents, particularly in Plessy v. Ferguson, were widely read and a source of hope for decades. Thurgood Marshall called Harlan's Plessy dissent his "Bible"—and his legal roadmap to overturning segregation. In the end, Harlan's words built the foundations for the legal revolutions of the New Deal and Civil Rights eras.Spanning from the Civil War to the Civil Rights movement and beyond, The Great Dissenter is a "magnificent" (Douglas Brinkley) and "thoroughly researched" ( The New York Times ) rendering of the American legal system's most significant failures and most inspiring successes.

Index

A note about the index: The pages referenced in this index refer to the page numbers in the print edition. Clicking on a page number will take you to the ebook location that corresponds to the beginning of that page in the print edition. For a comprehensive list of locations of any word or phrase, use your reading system’s search function.

Page numbers beginning with 503 refer to notes.

• abolitionists, abolitionism, 8, 51, 57–58, 61, 105, 186, 228
• abortion rights, 457
• Adams, Charles Francis, Jr., 376
• Adams, John, 78
• Adams, John Quincy, 44, 104
• Adamson v. California, 472
• affirmative action, 475–76
• Agee, W. H. R., 16–17, 256
• Agricultural Adjustment Administration, 453
• Aguinaldo, Emilio, 375
• Alabama, Black disenfranchisement in, 425–27
• Aldrich, Nelson, 451
• Alexander, William, 274
• Alexandria Gazette, 245, 246
• Alien and Sedition Acts, 78
• Allen Temple (Cincinnati), 169–70, 188, 202, 252
• American Colonization Society, 37, 47
• American exceptionalism, JMH’s belief in, 75, 79, 377
• American imperialism, 371, 374–76, 379
  • contrast between US founding ideals and, 373, 375, 377–78, 386, 480
  • JMH’s opposition to, 8, 480
  • see also Insular Cases; territories, US, constitutional rights in
• American Party, see Know-Nothings
• American Reformer, 31
• American Revolution, 39–40
• American Sugar Refining Company, 294, 300, 305, 306, 307
• American Tobacco Company, 447–48
• Ames, Charles, 376
• “Anglo-Saxon character,” 382, 383
• Annals of San Francis...