 Brennan and Marshall concluded in "Furman v. Georgia" that the death penalty was, in all circumstances, unconstitutional, and never accepted the legitimacy of "Gregg v. Georgia", which ruled four years later that the death penalty was constitutional in some circumstances.Thereafter, Brennan or Marshall dissented from every denial of "certiorari" in a capital case and from every decision upholding a sentence of death.In 1987, Marshall gave a controversial speech on the occasion of the bicentennial celebrations of the Constitution of the United States.