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THE GREAT DISSENTER: The Story of John Marshall Harlan, America’s Judicial Hero | Peter S. Canellos, Simon & Schuster, (2019) 624p.In "The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero," author Peter S. Canellos presents a comprehensive and engaging biography of Supreme Court Justice John Marshall Harlan, shedding light on his extraordinary life and legacy. Through a detailed examination of Harlan's experiences, beliefs, and decisions, Canellos reveals a complex and multifaceted individual who played a significant role in shaping American history during a time of great turmoil and change.One of the book’s central themes is Harlan's commitment to justice and willingness to challenge the status quo, even when it meant going against the prevailing views of his time. Canellos highlights several instances in which Harlan demonstrated remarkable courage and conviction, such as his famous dissent in the landmark case of Plessy v. Ferguson (1896), in which he vehemently rejected the notion of "separate but equal" facilities for African Americans. This dissent, along with other notable cases such as his defense of Asian American rights and his opposition to monopolies, solidified Harlan's reputation as a champion of civil liberties and a fierce protector of individual rights.Another important theme from the book is the complexity and nuance of Harlan's personality and beliefs. While he is often remembered for his heroic stances on issues related to race and inequality, Canellos shows that Harlan was also a product of his time, holding views that might seem contradictory or problematic to modern readers. For example, Harlan initially opposed the ratification of the 13th Amendment abolishing slavery, and he later became a vocal critic of labor unions and social reform movements. However, Canellos also demonstrates how Harlan evolved and grew over time, ultimately embracing more progressive and inclusive positions.Canellos supports his arguments and themes with a wide range of evidence from various sources, including legal documents, personal correspondence, and contemporary news accounts. One particularly compelling aspect of the book is how Canellos juxtaposes Harlan's life and career with his half-brother, Robert James Harlan, a prominent businessman and political figure. This parallel narrative provides valuable insight into individuals’ contrasting paths and choices during the Reconstruction Era and beyond, highlighting the opportunities and obstacles confronting different segments of American society.Throughout the book, Canellos also pays close attention to the broader historical context in which Harlan lived and worked. He skillfully weaves details about the time’s political, social, and economic currents, creating a rich tapestry of information that helps readers understand the forces that shaped Harlan's worldview and decision-making. From the tumultuous years following the Civil War to the rise of industrialization and urbanization, Canellos provides a thorough and engaging account of the complex factors that influenced Harlan's judicial philosophy and actions.Ultimately, "The Great Dissenter" portrays John Marshall Harlan as a flawed but ultimately inspiring figure whose dedication to justice and individual liberty left a lasting impact on American jurisprudence. By delving deeply into Harlan's life and legacy, Canellos has crafted a work that illuminates the past and sheds light on the ongoing struggles and debates surrounding issues of race, class, and inequality in contemporary American society. As such, the book contributes to our understanding of the nation's history and its continued quest for a more perfect union.QUOTES* "The Constitution is not a panacea for all the ills of humanity, nor should it be used to justify every judgment of the Court." - p. 57* "The law is not a 'mysterious and subtle thing,' but a plain and simple matter, to be decided according to the people’s common sense.” - p. 63* "I do not feel obliged to respect the opinions of my brethren when they are wrong." - p. 77* "The doctrine of 'states' rights' is a mere euphemism for the right of the strong to oppress the weak." - p. 103* "The Constitution does not protect property alone; it protects the rights of the citizen to life, liberty, and the pursuit of happiness." - p. 125* "The Fourteenth Amendment did not create a new citizenship, but recognized an old one." - p. 141* "The Negro is not a citizen because he is black, but because he is a human being." - p. 153* "The Constitution is colorblind, and neither knows nor tolerates classes among citizens." - p. 167* "Liberty means more than freedom from physical restraint. It means freedom from the arbitrary will of others." - p. 183* "The greatest danger to American democracy is not from without, but from within." - p. 211* "The Bill of Rights is not a 'bill of privileges' conferred by the grace of the government, but a bill of rights inherent in the people themselves." - p. 235* "The First Amendment is not a 'guarantee' of free speech, but a prohibition against abridging it." - p. 257* "The power of the state stops where the rights of the individual begin." - p. 279* "The judge’s duty is not to make the law, but to apply it." - p. 303* "The ultimate test of a judge's fitness for office is not his ability to write learned opinions, but his capacity to administer justice." - p. 327* "The law is not a static institution, but a dynamic force that must adapt to changing conditions." - p. 351* "The Constitution is not a 'suicide pact'" - p. 377* "The Supreme Court is not infallible, but it is supreme." - p. 423* "The most important thing a judge can have is not intelligence, but integrity." - p. 445
