A biography of john marshall harlan ii an associate justice of the united states supreme court

Apr 29, His namesake was his grandfather John Marshall Harlan, another associate justice who served from to

A biography of john marshall harlan ii an associate justice of the united states supreme court

United States Save Morris v. United States, U. The Constitution established an independent zone known as the District of Columbia for the seat of the new government. The Residence Act of provided for the new capital to be located on the Potomac River, and President George Washington was authorized by the United States Congress to determine the exact location which he did a year later.

Chief Justice John Marshall, whose heirs were party to the suit. Shortly after the creation of the District of Columbia, the United States government sold certain plots of land to James M.

Kidwell; the Chesapeake and Ohio Canal Company ; and several others. Congress passed legislation in August directing the Attorney General of the United States to protect the interests of the United States to the new land, and giving the courts jurisdiction over these claims.

Justice Shiras first laid out the facts of the case in a lengthy syllabus, and established various classes of claimants. Neither Lord Colepeper, his heir Thomas Fairfax, 6th Lord Fairfax of Cameronnor any of Fairfax's heirs had ever seriously asserted title to the riverbed, and the Black-Jenkins Award clearly re-established that the boundary of Virginia ended at the low-water mark and did not extend to the riverbed.

The majority held the original landholders were to hold the river and its bed in trust for the public, and that after the American Revolution these public trusts passed into the possession of the state in this case, Maryland and in due time the District of Columbia.

Hunter's Lessee11 U. Waddell still held and delivered the lands into the control of the federal government. However, Kidwell's heirs noted that Congress had conveyed the property to Kidwell under a resolution adopted on February 16, The majority held, however, that Congress did not intend by that resolution to convey the riverbed.

IllinoisU. Tacoma Land Company, U. Shiras also noted that in Potomac Steam-Boat Co. Upper Potomac Steam-Boat Co. Justice White concluded that nothing in the record showed that the United States intended to withdraw the riparian water rights of the landholders when it built Water Street and cut the landholders off from the Potomac River.

White concluded several times that the federal government fully intended to convey riparian rights to the new landowners because the government and its agents repeatedly indicated in letters, memoranda, contracts of sale, and other documents and statements its expectation that the waterside landowners were to build and maintain docks, wharves, and quays and improve the riparian rights they enjoyed.

To assume otherwise, White concluded, was nonsensical.

A biography of john marshall harlan ii an associate justice of the united states supreme court

Either the federal government intended to convey riparian rights, or the government deceptively contemplated building Water Street and cutting the new landowners off from their access. The contrary view produces discord and disarrangement Justice White would have overturned the judgment of the lesser court for determination of the riparian rights of the landowners in question.

Assessment In Morris v. United States, the Supreme Court dealt with what was known as a "top common," a tract of land between a river and the land intended to be occupied and sold to private landowners. United States is considered an important case in the evolution of the law of rivers, streams, lakes, and other bodies of water, for it established that such bodies of water and their beds belonged to the public in common and were held in trust by the state for its citizens.

Illinois in and more recently in Utah Division of State Lands v.Add {{Portal|Supreme Court of the United States}} to the See also section of Supreme Court of the United States-related articles. Tag the talk pages of Supreme Court of the United States-related articles with {} Join WikiProject U.S.

Supreme Court cases and list yourself as a Participant in the project. John Marshall Harlan, associate justice of the United States Supreme Court from until his death and one of the most forceful dissenters in the history of that tribunal. His best known dissents favoured the rights of blacks as guaranteed, in his view, by the post-Civil War constitutional.

John Marshall Harlan facts: The second Justice John Marshall Harlan () preached the virtues of judicial restraint and federalism as a persistent dissenter . John Marshall Harlan; Associate Justice of the Supreme Court of the United States; In office John Maynard's son, John Marshall Harlan II, served as a Supreme Court Associate Justice from until The Justices .

John Marshall Harlan served as associate justice of the U.S. Supreme Court from until his death in , and is remembered as one Born: Jun 01, John Marshall Harlan II was a conservative icon of the U.S. Supreme Court who practiced a unique form of jurisprudence combining judicial restraint and activism.

He was born on May 20, in Chicago, Illinois, and bears the namesake of his grandfather, who was also an Associate Justice of the U.S. Supreme Court from to

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