The Dissents of John Marshall Harlan I

Authors

  • LINDA PRZYBYSZEWSKI

    1. Notre Dame University.
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      This lecture draws on Professor Przybyszewski's book The Republic According to John Marshall Harlan (University of North Carolina Press, 1999).


Abstract

I want to start by offering you two quotations. Both are from Harlan's famous dissent from Plessy v. Ferguson in 1896, when the rest of the Justices held that it was constitutional to segregate people according to their race. The first quotation is famous; the second is not well-known—in fact, some of you may have never heard it before. Here is the first quotation:

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