these cases, Willoughby claimed, the court had given elective offices standing as property. Accordingly, Justice Joseph McKenna issued a separate concurring opinion in which he stated: "I agree fully with those decisions which are referred to [in the majority opinion], and which hold that as between the State and the office holder there is no contract right either to the term of office or to the amount of salary, and that the legislature may, if not restrained by constitutional provisions, abolish the office or reduce the salary. But when the office is not disturbed, when the salary is not changed, and when, under the Constitution of the State, neither can be by the legislature, and the question is simply whether one shall be deprived of that office and its salary, and both given to another, a different question is presented, and in such a case to hold that the incumbent has no property in the office, with its accompanying salary, does not commend itself to my judgment." Dissent of Justice Brewer Justice David J. Brewer issued a dissent stating that he believed that due process had been observed and that the majority opinion should have affirmed the lower court rulings rather than dismissing the case. In his opinion, Brewer stated: "[A]s I understand the law, this court has jurisdiction to review a judgment of the highest court of a State ousting one from his office and giving it to another, and a right to inquire whether that judgment is right or wrong in respect to any federal question such as due process of law, I think the writ of error should not be dismissed, but that the judgment of the Court of Appeals of Kentucky should be affirmed." Justice Henry B. Brown concurred with Brewer. Dissent of Justice Harlan The only dissent came from Kentuckian John Marshall Harlan. Harlan opined that not only did the court have jurisdiction, it should have sustained the writ of error on the grounds that the General Assembly's actions had deprived Taylor and Marshall of property without due process, in violation of the Fourteenth Amendment. Going beyond the claim that an elective office is property, Harlan wrote that the right to hold office fell within the definition of "liberty" as used in the Fourteenth Amendment. Justifying this claim, Harlan wrote: "What more directly involves the liberty of the citizen than to be able to enter