Question

Re-read the last two paragraphs of Justice Harlan's argument. In what way might Harlan’s position reflect changing attitudes toward American citizenship and American values? How does Harlan's understanding of race and equal rights suggest the potential for a different kind of future in America?

Answer 1

Justice Harlan's opinion reflects changing American attitudes towards a more inclusive view of citizenship, aligning with 'all men are created equal' and promoting equal rights across both state and federal levels. The evolving interpretations of the Constitution throughout history have steadily expanded civil rights, adapting to contemporary societal needs and progressive values. This trajectory indicates a potential future of greater equality in America.

Step-by-step explanation:

Justice John M. Harlan's concurring opinion may reflect changing attitudes towards American citizenship and values by indicating an evolving understanding and application of constitutional rights. Harlan's stance suggests that the very definition of citizenship is becoming more inclusive, aligning more closely with the principle that "all men are created equal" as stated in the Declaration of Independence, and the Fourteenth Amendment's guarantee of equal protection under the laws. His insights hint at the potential for a future America where race and previous unequal standards do not limit one's rights and where equal rights are truly applicable to all, enforced both federally and at the state level.

Throughout the 20th century and into the 21st, interpretations of the Constitution have been increasingly informed by current societal needs and values. Progressive jurists like Justice Oliver Wendell Holmes argued for an understanding of the Constitution that evolves with "the felt necessities of the time."

This progressive mindset has led to a gradual extension of civil rights and liberties, as observed in landmark cases such as Brown v. Board of Education and Lawrence v. Texas, and continuing debates around issues such as LGBTQ rights and abortion.

The discussions and legal battles surrounding equality and citizenship during Reconstruction and beyond have revealed continuous tension and resistance, yet they have also resulted in significant advancements. While the journey for full civil rights and liberties for all Americans is ongoing, the judicial system has played and continues to play a critical role in shaping America's future by interpreting and applying constitutional protections in a manner that evolves with society's changing norms and values.