Harlan, John M.

Signed First Day Cover while Associate Justice

Price: $65.00

Description:
(1899-1971) Associate Justice of the Supreme Court 1955-71, grandson of Justice John Marshall Harlan who served 1877-1911. He was Assistant U.S. Attorney for the Southern District of New York and a Special Assistant Attorney General of New York. In 1954 Harlan was appointed to the Second Circuit US Court of Appeals, and a year later President Eisenhower nominated him to the Supreme Court following the death of Justice Jackson. Unlike almost all prior Supreme Court nominees, Harlan appeared before the Senate Judiciary Committee to answer questions relating to his judicial views. Every Supreme Court nominee since Harlan has been questioned by the Judiciary Committee before confirmation. Harlan is often characterized as a member of the conservative wing of the Warren Court, often voting alongside Justice Felix Frankfurter, his principal mentor on the Court. He advocated a limited role for the judiciary, remarking that the Supreme Court should not be considered "a general haven for reform movements". in general, he adhered more closely to precedent, and was reluctant to overturn legislation. He strongly disagreed with the doctrine of incorporation, which held that the provisions of the US Bill of Rights applied to state governments, not merely the Federal. At the same time, he advocated a broad interpretation of the Fourteenth Amendment's Due Process Clause, arguing that it protected a wide range of rights not expressly mentioned in the Constitution. Harlan is sometimes called the "great dissenter" of the Warren Court, and has been described as one of the most influential 20th century Justices. Harlan penned the majority opinion in Cohen v. California, holding that wearing a jacket emblazoned with the words "*@#+ the Draft" was speech protected by the First Amendment, famously writing that "one man's vulgarity is another's lyric." Justice Harlan is credited for establishing that the First Amendment protects the freedom of association. In NAACP v. Alabama, he delivered the opinion of the Court invalidating an Alabama law that required the NAACP to disclose membership lists. Most notably, Harlan dissented from the Court's holding in Escobedo v. Illinois that the police could not refuse to honor a suspect's request to consult with his lawyer during an interrogation. And disagreed with Miranda v. Arizona, which required law enforcement officials to warn a suspect of his rights before questioning him. Signed 1968 US 6c American Flag Series stamp 3 x 6 cacheted First Day Cover, postmarked "First Day of Issue", Pitsburgh, Pa., July 4 1968.

Condition: Very good
Type:First Day Cover






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