Best The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero By Peter Canellos
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Ebook About The definitive, sweeping biography of an American hero 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, it was John Marshall Harlan’s words that 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. 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 United States. 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 an epic rendering of the American legal system’s greatest failures and most inspiring successes.Book The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero Review :
The Great Dissenter is an exceptionally well-written book on the life of the famous jurist, John Marshall Harlan. I received this as a pre-publication ebook. Although usually overshadowed in Supreme Court history by his namesake, Chief Justice John Marshall, and by other justices such as Oliver Wendell Holmes and others, Harlan provided opinions that should be studied in law schools. Unfortunately, his greatest opinions were dissent and in meaningful cases to society. Or I should say in cases that hampered societal development because his opinions were not in the majority.The case of greatest historical significance was the infamous Plessy v. Ferguson covered in chapter 15. Here the author covers the Plessy case from its inception to the famous dissent opinion. For those of us who know of the case but did not have the historical facts, the writer gives an account that allows the reader to learn of the parties and the issues involved in the case. Plessy was designed as a test case and interestingly was not one supported by most African-American activists at the time. This was because the litigant in question was not so much fighting for a general right to be allowed a seat on a segregated train, but more specifically for a light-skinned black of creole descent. Because of this most black-owned newspapers said little about the case while it made its way to the S.Court.Once the decision was issued, few papers gave it much attention, although, black-owned media did understand its significance in terms of Harlan’s opinion in dissent. An example from his opinion given by the author, “[S]uch legislation as that here in question is inconsistent not only with that equality of rights which pertains to citizenship, national and state, but with the personal liberty enjoyed by everyone within the United States.” Furthermore, in tearing down the argument that the segregation law was supposedly equal treatment of blacks and whites, Harlan wrote, “The thing to accomplish was under the guise of giving equal accommodation for whites and Blacks, to compel the latter to keep to themselves while traveling in railroad passenger coaches…no one would be so wanting in candor as to assert the contrary.” Harlan went on to essentially predict the racial strife the majority decision would cause that was to grip this country for decades and one could easily argue into present time.The Plessy decision was significant because it codified segregation as a legitimate government institution and introduced into case law the “separate but equal” racist canard. Also of interest in this discussion was that the local judge who upheld the segregation law in Louisiana was a northern, carpet-bagger and not some avowed confederate. I for one had not known of that fact.My only problem with the writer is that he continually referred to his subject using the familiar term “John”. I don’t think that was appropriate. He also spent a bit too much time following his step- or (more likely) half-brother who was African-American. It’s not that his life was not of importance in understanding Harlan’s views on race, but the author didn’t always connect what was happening in one man’s life as an adult with what was occurring for the other. In that way, I found his divergence into brother Harlan’s life somewhat gratuitous. Overall, though, this is a worthwhile book. In his book, The Great Dissenter: The Story of John Marshall Harlan, America’s Judicial Hero, Peter S. Canellos tells the story of John Harlan, the only Supreme Court Justice who dissented in Plessy v. Ferguson, the 1896 case in which the Court approved “separate but equal” treatment for African Americans. Canellos considers Harlan to be “the great dissenter” not only because of his opinion in Plessy but also because of his well-reasoned and forward-thinking dissenting opinions in cases involving worker safety, anti-trust law, and the government’s ability to tax individual’s income. But it is his dissenting opinion in Plessy for which Harlan is best known.The majority opinion in Plessy set the stage for the Jim Crow segregation laws that remained in effect until the Civil Rights Act of 1964. That opinion held that the States were within their rights to separate the races because the African American race was inferior to the white race. Unlike his brethren, in his dissent, Harlan argued that the Constitution was color blind and that, under the 14th Amendment, the States were prohibited from making any distinction between the races. Those who advocated for equal rights for African Americans always viewed Harlan’s dissenting opinion as prescient. And after additional legislation and Supreme Court rulings his opinion does, in fact, describe today’s application of the 14th Amendment.Harlan’s dissenting opinion in Plessy has long been a subject of study for legal scholars and civil rights advocates. It does not necessarily follow that there is a need for a 500 page biography of Harlan himself. However, Canellos’ book makes clear that there is such a need. He addresses the question of why, during a period of almost universal animosity of white Americans toward African Americans, one man stood up, scolded his brethren for their views, and succinctly explained why the Constitution prohibited the type of segregation that was about to take hold in the country.John Harlan was not, by any means, an abolitionist. He grew up in Kentucky as part of a slave-owning family. But he loved his country and did not want to see it divided. When the Civil War began he successfully encouraged his fellow Kentuckians to not join the other Southern States and secede from the Union. Harlan was a protege of Henry Clay, the great compromiser, and, like Clay, he would have agreed to almost anything, even an extension of slavery, to bring the South back into the Union.So how did this man, who seemed so ambivalent towards slavery, end up writing the landmark judicial opinion affirming equal protection under the law for African Americans? Canellos provides several suggestions, any or all of which may be the answer. First, there is Harlan’s commitment to the law. The same man who saw no problem owning slaves when the law permitted it could have been adamantly opposed to segregation once the 14th Amendment provided for equal protection for all Americans. Second, there was the post-war violence against the African American community. Once the War was over and the slaves were freed Harlan was shocked and appalled by the violence perpetrated against the community by members of the Ku Klux Klan. Finally, there was Robert Harlan, a mixed race slave raised in Harlan’s own home, who, after buying his own freedom, became part of the African American elite community. It would have been hard for Harlan to accept the concept that there was something inferior about the African American race after seeing, close up, the resounding success of Robert Harlan.I do not know that Canellos has convinced me that Harlan is a “Hero”. Harlan should certainly be admired for his ability to focus his opinions on the requirements of the Constitution rather than on the general mood of the public. However, he was never able to assemble a majority of the justices behind his opinions and, thus, did not move the law in his direction. Nevertheless, for many years, his dissenting opinion in Plessy provided a beacon of hope for members of the African American community hoping for an end to the Jim Crow laws.Overall I liked this book, especially the discussion of Harlan’s life and the evolution of his thinking. Even though I am an attorney and am used to reading lengthy legal analysis, I think the description of some of the cases in which he dissented could have been shortened. Nevertheless, I give this book 4 stars and recommend it for anyone interested in the dealings of the Supreme Court or the history of civil rights in America. 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