From New York Young Republicans <[email protected]>
Subject Alumnus Spotlight: Supreme Court Justice John Marshall Harlan II
Date May 20, 2021 8:44 PM
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Endorsing Thomas Kenniff for District Attorney! 

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** America's Oldest & Largest Young Republican Club
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** www.NYYRC.com
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** Alumnus Spotlight: Supreme Court Justice John Marshall Harlan II
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The late United States Supreme Court Justice John Marshall Harlan II was an alumnus of the New York Young Republican Club. To commemorate the anniversary of his birth on May 20, 1889, the Club has reviewed his legacy and assembled this article to detail his exploits and successes. Justice Harlan II had a storied career serving as a member of the United States Supreme Court from 1955 to 1971. He was the grandson of the late Justice John Marshall Harlan I, who served on the United States Supreme Court from 1877 to 1911. John Marshall Harlan II attended Princeton University, was named a Rhodes Scholar, and later studied law at Balliol College, Oxford in England, and New York Law School.

In his career prior to serving on the Supreme Court, Justice Harlan II gained prominence serving as an Assistant U.S. Attorney in the Southern District of New York. He also spent some time working in private practice and volunteered to serve in World War II, joining the United States Army Air Forces as a colonel from 1943 to 1945. He was appointed to the United States Court of Appeals for the Second Circuit by President Dwight D. Eisenhower in 1954 and served as a jurist there for just over a year before he was named an associate justice of the United States Supreme Court by President Eisenhower. He filled the vacancy left by the death of the esteemed jurist Justice Robert H. Jackson.

Justice Harlan II’s judicial legacy on the Supreme Court tended to be one of closely considering the role of the separation of powers when adjudicating and contemplating how pressing societal issues should be addressed by the branches of government. In cases involving the application of the Equal Protection Clause and Due Process Clause, he believed that jurists should take a more active role. The importance of racial equality in civil rights matters was very much a part of his philosophy, taking after his grandfather who had been the lone dissenter in Plessy v. Ferguson. He sided with the majority in Loving v. Virginia that ruled against race-based restrictions on marriage and with the majority in Cooper v. Aaron that prohibited the delay in the desegregation of schools.

Like his grandfather, Justice Harlan II had no fear of mounting a lone defense when the principled interpretation of statute and precedent merited it. He demonstrated this in Reynolds v. Sims, a critical voting rights case that undermined the constitutional structure of Alabama and other states. Prior to this oft-forgotten decision, states determined apportionment of votes within their respective legislatures according to their own practices, which, in some instances, enabled state legislatures to replicate the nature of the United States Congress as determined by the Connecticut Compromise. Justice Harlan II stood for an originalist interpretation of the Fourteenth Amendment, while the eight other justices bent to political will and conceived that it embraced voting rights extra-textually. The principle of originalism drove Justice Harlan II in his decision on this case; as he said in his dissent, which presaged twenty-first century concerns with the Supreme Court:

These decisions give support to a current mistaken view of the Constitution and the constitutional function of this court. This view, in short, is that every major social ill in this country can find its cure in some constitutional principle and that this court should take the lead in promoting reform when other branches of government fail to act. The Constitution is not a panacea for every blot upon the public welfare nor should this court, ordained as a judicial body, be thought of as a general haven of reform movements.

Other major cases that he was involved in included Torcaso v. Watkins, where Justice Harlan II sided with the majority in banning religious tests for public office. This issue came into focus again in recent years when then-senator Kamala Harris voiced her opposition to one of former President Donald J. Trump’s appointees to the federal judiciary and relied on his membership with the Knights of Columbus, a Catholic fraternal organization, as a basis for her attack. These actions are a shameful reminder of how our leaders, including the sitting Vice President of the United States, have drifted from fidelity to Constitutional values.

Justice Harlan II also wrote a notable dissenting opinion in Miranda v. Arizona in which he challenged the majority opinion for relying on the Fifth Amendment as a justification for police to notify suspects of their rights during interrogation when in police custody. He concluded that there was no legal precedent for this ruling. Some of the notable rights in question were the right to remain silent and right to an attorney. Per the majority opinion, if the rights were not articulated verbally, a confession could be inadmissible at time of trial. Justice Harlan II was especially critical that this would complicate law enforcement in the proper resolution of matters and actually serve as a deterrent from confessing. He stated the following when recognizing the Supreme Court’s quandary:

“The more important premise is that pressure on the suspect must be eliminated though it be only the subtle influence of the atmosphere and surroundings. The Fifth Amendment, however, has never been thought to forbid all pressure to incriminate one’s self in the situations covered by it.”

The ghost of Miranda has sadly continued to this day, much as Justice Harlan II predicted. Valuable time to resolve matters is often squandered as law enforcement have their hands tied because suspects refuse to offer pertinent and time-sensitive information. It can lead to a backlog in courts and proceedings with complications in justice being timely served and greater hurdles to stopping further harm in a timely fashion. On a societal note, it also breeds a lethargic attitude towards civics and taking the time to engage and research the criminal justice system that governs the nation. It promotes the sentiment of irresponsibility. Justice Harlan II’s efforts to stand up for Constitutional principles and his foresight to anticipate the repercussions of this decision should be lauded.

Justice John Marshall Harlan II died on December 29, 1971, but he is remembered as one of the great legal minds of the twentieth century. The New York Young Republican Club is proud to count Justice John Marshall Harlan II among our alumni. We reflect on his legacy and shall continue to take a proactive approach to address issues that society contends with while maintaining our adherence to Constitutional principles.
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** Candidate Social: Vanessa Simon for City Council
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Join us for a members-only open bar candidate social with Republican City Council Candidate Vanessa Simon.

Date: Thursday, June 3rd

Time: 7:30 P.M. Doors Open / 8:00 P.M. Event Starts

Price: $20

Members only.

Complimentary drinks provided and BYOB.

Location provided to ticket purchasers.
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** Endorsement:
Thomas Kenniff For Manhattan District Attorney
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The New York Young Republican Club is proud to endorse Thomas A. Kenniff for Manhattan District Attorney. A former prosecutor, a small business owner, an Iraq War Veteran, and a nationally renowned trial attorney, Thomas has a lifelong record of dedication to a career in public service and the criminal justice system.

Thomas is also a patriot who currently serves as a Major in the Army National Guard. He is part of the Harlem Hell Fighters and stepped up to the plate during Operation COVID-19. Despite the incompetent leadership of statewide officials, Thomas A. Kenniff has been a strong voice in New York County promoting policies that will keep our families safe, coordinate with law enforcement to implement community-based policing, and restore law and order to our criminal justice system.

The New York Young Republican Club urges all voters in Manhattan to support the true law-and-order candidate in the race, Thomas A. Kenniff, to reverse the far-left policies that have made New York County the most dangerous and crime-ridden it has been in decades.
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** Great Gatsby Veterans Fundraiser
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Join us for a Great Gatsby-themed fundraiser in support of our veterans. 50% of proceeds go to veteran charities.

Date: Saturday, June 5th

Time: 7:30 P.M. Doors Open / 8:00 P.M Event Starts

Price: $15

Members Only.

BYOB and Complimentary Drinks Provided.
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** Saturday Reception with Congressman Paul Gosar
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Join us for an open bar Saturday reception for Congressman Paul Gosar.

Date: Saturday, June 12

Time: Doors Open: 4:30 P.M. / Event Starts: 5:00 P.M.

Price: $25

Members Only.

Location provided to ticket purchasers.

BYOB. Complimentary alcohol and food will be provided.
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** Book Donations for our Clubhouse Library!
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The New York Young Republican Club is asking our members and supporters to donate books for our new Clubhouse Library.

We have several empty shelves waiting to be filled with books on politics, history, culture, and religion.

If you have books you would like to donate; please contact us using the form below.

All donations are greatly appreciated.
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** Hunter Biden:
A Full Frontal Exposé
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Join us for an exclusive viewing of Hunter Biden's deepest and darkest secrets as narrated by Club Vice President Vish Burra.

Date: Tuesday, May 26th

Time: 7:30 P.M.

Price: $75

Members Only. All tickets must first go to the waitlist for vetting before purchase.

Location provided to ticket purchasers.

BYOB. Complimentary alcohol and food will be provided.
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** Join the Club!
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The New York Young Republican Club brings together men and women aged 18 to 40 to discuss important policy issues, promote Republican principles and values, and help elect Republicans to office. With hundreds of dues-paying members throughout New York City and the United States, the Club engages in politics by:
* Promoting Republican principles.
* Supporting campaigns through volunteerism, community outreach, and social media.
* Networking with politicians and other influential members of the party organization.
* Having monthly socials at New York City bars and clubs.
* Holding monthly meetings with speakers, including candidates, authors, pundits, and more.
* Attending fundraisers, leadership programs, and national conferences.

Show your support for your country, your party, and your city by being a part of the oldest and the largest Young Republican chapter in the nation.

Our membership includes conservatives of all backgrounds. We are dedicated to providing a welcoming environment regardless of race, religion, creed, gender, sexual orientation, age, or occupation. Benefits of membership include early registration access for events, discounts on admission fees, branded merchandise, and the ability to vote in our meetings and affect the governance of the Club. Become a member today and start networking with your fellow New York Republicans!
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** Join a Committee!
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During this transformative time for the New York Young Republican Club, many of you have reached out to us asking how to get more involved with the club, and how to better support our efforts.

One effective way to do this is to join a committee. We are currently looking for Vice-Chairs for many of our committees, who will receive special discounts for working events and recognition on our website. In addition to Vice Chair positions, we are looking to build all of our committees in terms of members.

Please take a moment to review our committees here ([link removed]) and contact any committees you are interested in joining at the email address listed on the website. You are allowed to join up to 3 committees per our Bylaws.

To be a member of a committee you must be a member of the Club in Good Standing.

We look forward to working with you more closely.
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** Support the Club!
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The New York Young Republican Club is a grassroots non-profit organization that relies on the generosity of members and donors to support its operations. We hope you will consider a donation today so that we remain a bastion of conservative values for many years to come!
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Established in 1911, incorporated in 1912, with a legacy from 1856, the New York Young Republican Club is the oldest, largest, and most prestigious Young Republican club in the United States. The Club is affiliated with and officially recognized by the Association of New York State Young Republican Clubs and the Young Republican National Federation, as well as the county, state, and national Republican committees.

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