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The tone of the person that is reading it and the background noise
I can’t think of a third one
The rhetorical device that was used by Justice Harlan in the sentence provided is;
Alliteration is the occurrence of the same or similar sounding letters in a group of closely linked words. The initial consonant sounds are stressed in the usage of this device.
In the excerpt provided, we find here, the repetition of the consonant sound, 's'. This can be found in words such as; knows, statute, question, purpose, so, persons, etc.
The repetition of the 's' sound adds rhythm and emphasis to the speech.
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