Word: harlan
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Dates: during 1960-1969
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Justice John Marshall Harlan, writing for the majority in the Scales case, stated that a Communist may indeed be convicted-but only if he is an "active and purposive" party member. Thus the Justice Department must prove that the individual Communist has demonstrated "specific intent to accomplish overthrow." The job will not always be easy or even possible. But where it is, the U.S. will be able to throw U.S. Communists, of all degree and pecking order, into jail...
...Justices who believe in "judicial restraint"-meaning that the court should support the valid acts of Congress or other governing bodies, even when the Justices personally, politically or philosophically disagree with them. The other three in the Frankfurter group are Tom C. Clark, Charles E. Whittaker and John Marshall Harlan...
...this session, the court has split on 25 key cases of individual rights v. Government responsibilities. Not counting the cases in which they did not participate, Frankfurter and Harlan have sided with the Government 17 times, Clark 19 times and Whittaker 22 times. On the other side, Brennan has supported the individual 16 times, Warren 17 times, Black 18 times and Douglas 22 times. Stewart has split almost evenly-12 times for the individual, 13 times for the Government. Last year, the Justices divided their votes in much the same proportion...
...last lines ("evil one," etc.) are painfully close to that brilliant parody of a modern translation of the Twenty-third Psalm by William Harlan Hale, currently the managing editor of Horizon...
...HARLAN Q. STEVENSON Gainesville...