The Dissents of John Marshall Harlan I

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:     

The Civil War Reminiscences of John Marshall Harlan

Towards the end of his life, John Marshall Harlan wrote a series of essays about various events of his life. Collected together, the documents form the closest thing to an autobiography Harlan was to write. Most of the documents concern Harlan's experiences in the Civil War, and some of them repeat the same stories. Cited often in biographies and articles about Harlan, they have never been published before. The three printed here were chosen not only for their individual interest, but also because, taken together, they form a nearly complete account of Harlan's wartime experiences.     

John Marshall Harlan's Political Memoir

Near the end of his life, John Marshall Harlan wrote a number of biographical essays, presumably at the request of his children. Most of the essays relate to his experiences in the Civil War. The essay reprinted here instead recounts Harlan's political career before he joined the Supreme Court. Although he rarely won any elections and only held a couple of offices, Harlan's political odyssey is significant in that it shows how his social views were formed. Harlan's transformation from a staunch anti‐abolitionist to a civil‐rights advocate can be viewed as a series of reactions against various opponents as he struggled to find his political identity after the collapse of the Whig party in the 1850s.     

John Anderson's Political Thought Revisited

The political thought of Australia's most political philosopher has yet to receive the broad attention it deserves. John Anderson is known either as the controversial freethinking corrupter of Sydney's youth or as the conservative anti-communist and defender of academic privilege. Less understood is Anderson as the consistent defender of ways of life and traditions as the bearers of critical enquiry and practice. Anderson's political philosophy needs to be understood in the context of a broader political tradition which maintained the moral value of productive activities. His enduring commitment to political and historical themes in the work of the French revolutionary socialist Georges Sorel is the key to understanding this aspect of Anderson's thought. Sorel's influence is widely acknowledged but its significance contested among Anderson's students. Yet a proper appreciation of Sorel's influence provides a coherent and rewarding perspective on Anderson's political thought.     

The Catholic Neoconservative Misreading of John Paul II's Centesimus Annus Revisited

ABSTRACT

In the twilight of the twentieth and beginning of the twenty-first century, Catholic theologians and journalists who identified as members of the neoconservative political movement crafted a narrative of John Paul II's encyclical Centesimus Annus as a representing a sea-change in Catholic social teaching. In this neoconservative reading, the Catholic Church embraced a specifically American style of late twentieth century laissez-faire capitalism. However, an examination of Centesimus Annus reveals that the text is consonant with the teaching of twentieth century popes. What is more, recent publications enable us to get a clearer view of how neoconservatives were able to craft their narrative of the encyclical.     

John Marshall,McCulloch v. Maryland,and the Concept of Constitutional Sovereignty

Scholars have long debated John Marshall's intent in his famous opinion in the case of McCulloch v. Maryland (1819). Despite long-standing disagreement concerning the character of Marshall's nationalism and federalism, interpretations of the opinion typically rely on an incomplete picture of the case. This analysis revisits McCulloch to illustrate his support for national and state sovereignty as defined in the Constitution. It then moves beyond the opinion itself to examine Marshall's defense of McCulloch in a series of newspaper essays he authored in the aftermath of the case. Situated alongside the McCulloch opinion, these essays show that Marshall was as much concerned with defending the sovereignty of the Constitution as he was with adjudicating political authority between national and state governments.