Nepedia
Back to Discover
Advanced Reader
📖

John Marshall Harlan

society Maturity 11-13 death dying war conflict Next article →

This article covers sensitive topics: death_dying, war_conflict. Parents can manage visibility in Parental Controls.

John Marshall Harlan was a significant American lawyer and politician.

John Marshall Harlan 1
John Marshall Harlan 1

He served as an associate justice of the Supreme Court of the United States. His tenure lasted from 1877 until his death in 1911. Many historians call him "The Great Dissenter." This title refers to his many formal disagreements with the Court's majority. He often wrote dissents to protect civil liberties and individual rights. His legal views were often ahead of the era in which he lived.

The Fuller Court
The Fuller Court

Harlan's legal philosophy focused on several core principles. He believed in the strength of the national government. He also felt great sympathy for the economically disadvantaged. Harlan argued that the Reconstruction Amendments had changed the American system. These amendments fundamentally altered the relationship between federal and state governments. He was the first justice to advocate for the incorporation of the Bill of Rights. This means applying the national Bill of Rights to the individual states. He also wrote a majority opinion regarding the Takings Clause in 1897.

Flag of the United States (1861-1863)
Flag of the United States (1861-1863)

As a justice, Harlan stood alone on several landmark cases. In the Civil Rights Cases of 1883, he was the sole dissenter. He also provided the only dissent in the famous Plessy v. Ferguson case in 1896. These cases involved decisions that allowed ethnic segregation in society. Harlan argued against these practices, believing in equal rights under the law. He also disagreed with decisions in Pollock v. Farmers' Loan & Trust Co. in 1895. That case struck down a federal income tax. He also dissented in cases involving antitrust actions and labor laws. His opinions included Lochner v. New York in 1905 and Standard Oil Co. of New Jersey v. United States in 1911.

The Fuller Court
The Fuller Court

Harlan was born in 1833 near Danville, Kentucky.

Flag of Kentucky
Flag of Kentucky

He was born into a prominent, slave-holding family. His father, James Harlan, was a lawyer and a U.S. Representative. John was named after the famous Chief Justice John Marshall. He attended Centre College and later Transylvania University for law school. He joined his father's law practice in 1852. He was admitted to the Kentucky Bar in 1853. He had a mixed-race half-brother named Robert James Harlan. Robert was born into slavery but was raised in the family household.

Col. J.M. Harlan, 10th Ky Inf. USA LOC cwpb.06961
Col. J.M. Harlan, 10th Ky Inf. USA LOC cwpb.06961

During the American Civil War, Harlan was a staunch Unionist. He worked to keep Kentucky from seceding from the Union. In 1861, he recruited and led the Crittenden Union Zouaves. He was later commissioned as a Colonel of the 10th Kentucky Volunteer Infantry.

US Army O6 (1861)
US Army O6 (1861)

He played a key role in defending Lebanon Junction, Kentucky. One major success was at the Rolling Fork River Bridge. He led efforts to defend the bridge against Confederate cavalry. This action helped protect vital Union supply lines. He served until 1863, when he resigned to care for his family.

Col. J.M. Harlan, 10th Ky Inf. USA LOC cwpb.06961
Col. J.M. Harlan, 10th Ky Inf. USA LOC cwpb.06961

Harlan's political career continued after his military service. He was elected attorney general of Kentucky in 1863. He ran on a platform of vigorous prosecution of the war. Despite his Unionist views, his stances on slavery were complex. He originally opposed the Emancipation Proclamation. He also opposed the ratification of the Thirteenth Amendment. He did not emancipate his own household slaves until the amendment forced the change in 1865. Later, he became a leader of the Kentucky Republican Party. In 1877, President Rutherford B. Hayes appointed him to the Supreme Court.

The impact of Harlan's work grew long after his death. Many of his dissenting views became the official law of the land. This shift began with the Warren Court in the 1950s. Scholars now view him as one of the greatest justices of his time. His legal legacy even continued through his family. His grandson, John Marshall Harlan II, also served on the Supreme Court. He served from 1955 to 1971.

The First Justice Harlan
The First Justice Harlan
627 words

Where will your curiosity go next?

Keep exploring at your chosen reading level.

🖼️ Images & Media (7)
File:Flag of the United States (1861-1863).svg
Flag of the United States (1861-1863).svg
File:US Army O6 (1861).svg
US Army O6 (1861).svg
File:Flag of Kentucky.svg
Flag of Kentucky.svg
File:Col. J.M. Harlan, 10th Ky Inf. USA LOC cwpb.06961.jpg
Col. J.M. Harlan, 10th Ky Inf. USA LOC...
File:The Fuller Court.jpg
The Fuller Court.jpg
File:John Marshall Harlan 1.jpg
John Marshall Harlan 1.jpg
File:The First Justice Harlan.jpg
The First Justice Harlan.jpg
More to explore

What is Nepedia?

A free, ad-free encyclopedia for children. Every article is written at five reading levels, so the same page works for a five-year-old and a fifteen-year-old — use the level switcher above to see this one change. No account needed to read.