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The Fuller Court (1888–1910)

Criminal Justice

Who was the Court’s lone dissenter in the Maxwell case?

Once again, Justice John Marshall Harlan filed the Court’s only dissenting opinion. He believed that the Fourteenth Amendment’s “Privileges and Immunities” Clause extended the protections in the first eight amendments in the Bill of Rights to the states. He also wrote that “the trial of the accused for the crime charged against him by a jury of eight persons was not consistent with the ‘due process of law’ prescribed by the Fourteenth Amendment.”



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