John Marshall Harlan lived from May 20, 1899 to December 29, 1971 and was an American lawyer and jurist who served as an associate justice of the United States Supreme Court from 1955 to 1971, usually called John Marshall Harlan II to distinguish him from his grandfather, John Marshall Harlan, who served on the Supreme Court from 1877 to 1911. He studied at Upper Canada College, Appleby College and Princeton University, then won a Rhodes Scholarship to study law at Balliol College, Oxford. On returning to the United States in 1923 he worked at the law firm of Root, Clark, Buckner and Howland while studying at New York Law School, later serving as an assistant United States attorney for the Southern District of New York and as a special assistant attorney general of New York. He was appointed to the United States Court of Appeals for the Second Circuit in 1954, and a year later President Dwight D. Eisenhower nominated him to the Supreme Court following the death of Justice Robert H. Jackson. Often characterized as a member of the conservative wing of the Warren Court, Harlan advocated a limited role for the judiciary and adhered closely to precedent, but also urged a broad interpretation of the Fourteenth Amendments Due Process Clause protecting rights not expressly named in the Constitution, while strongly disagreeing with the doctrine that incorporated the Bill of Rights against the states. He retired gravely ill in September 1971 and died of spinal cancer three months later, succeeded by William Rehnquist.
Facts
RoleAssociate Justice, Supreme Court of the United States, 1955-1971 1 Nationality / Jurisdiction Place of Death Classification
Field of Law Field of Law Field of Law Field of LawCommercial and Business Law 1 Field of LawLegal Philosophy and Jurisprudence 1 Role
Role (category) FAQs
How did John Marshall Harlan II view the role of the Supreme Court?
He favored a limited judicial role and precedent, opposed incorporation, but read the Fourteenth Amendment's Due Process Clause broadly.
Harlan is often characterized as a member of the conservative wing of the Warren Court. He advocated a limited role for the judiciary, remarking that the Supreme Court should not be considered a general haven for reform movements, adhered closely to precedent, and was reluctant to overturn legislation. He strongly disagreed with the doctrine of incorporation of the Bill of Rights against the states, yet advocated a broad interpretation of the Due Process Clause of the Fourteenth Amendment, arguing it protected a wide range of rights not expressly mentioned in the Constitution.
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Source John Marshall Harlan II (Wikipedia)Lead sentence 1tier 2Quote, Lead sentence 1
John Marshall Harlan (May 20, 1899 – December 29, 1971) was an American lawyer and jurist who served as an associate justice of the U.S.
Sources
1. John Marshall Harlan II (Wikipedia)
WikipediaInfobox, birth_name
John Marshall Harlan
Lead paragraph
John Marshall Harlan (May 20, 1899 - December 29, 1971) was an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1955 to 1971.
Infobox, birth_date
May 20, 1899
Infobox, birth_place
Chicago, Illinois, U.S.
Infobox, death_date
December 29, 1971
Infobox, death_place
Washington, D.C., U.S.
- Member Of: United States Supreme Court, lead states served as associate justice of the U.S. Supreme Court from 1955 to 1971
- Member Of: United States Court of Appeals for the Second Circuit, lead states in 1954 Harlan was appointed to the United States Court of Appeals for the Second Circuit
View the Source Wikidata: John Marshall Harlan II
Wikidata Q957749 self-citation (QID resolved for a previously unsourced jurist)
P31 (instance of): human; QID resolved and verified for this jurist (John Marshall Harlan II)
- In Legal System: Law of the United States, John Marshall Harlan (May 20, 1899, December 29, 1971) was an American lawyer and jurist who served as an associate jus
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