Charles Evans Hughes Quotes

“We are under a Constitution but the Constitution is what the judges say it is.”

“We are under a Constitution but the Constitution is what the judges say it is.”

“I used to say that the Constitution is not a living document. It's dead, dead, dead. But I've gotten better. I no longer say that. The truth is that the Constitution is not one that morphs. It's an enduring Constitution, not a changing Constitution. That is what I've meant when I've said that the Constitution is dead.”

“The U.S. didn't achieve its liberty or prosperity by mistake. It was by design, and the architects were the Founding Fathers. Don't mess with the Constitution. The Constitution matters.”

“As a former Commander, I gave an oath to defend the Constitution against all enemies foreign and domestic. As a state senator, I gave that same oath. As a Congressman, I gave an oath to defend the Constitution. There are some things that are not negotiable: Faith, my family, and the Constitution are dead center. It is nonnegotiable to me.”

“The police can use violence to say, expel citizens from a public park because they are enforcing duly constituted laws. Laws gain their legitimacy from the Constitution. The Constitution gains its legitimacy from something called 'the people.' But how did 'the people' actually grant legitimacy to the Constitution? As the American and French revolutions make clear: basically, through acts of illegal violence. So what gives the police the right to use force to suppress the very thing–a popular uprising–that granted them their right to use force to begin with?”

“All sciences have their mysteries and at certain points the apparently most obvious theory will be found in contradiction with experience. Politics, for example, offers several proofs of this truth. In theory, is anything more absurd than hereditary monarchy? We judge it by experience, but if government had never been heard of and we had to choose one, whoever would deliberate between hereditary and elective monarchy would be taken for a fool. Yet we know by experience that the first is, all things considered, the best that can be imagined, while the second is the worst. What arguments could not be amassed to establish that sovereignty comes from the people? However they all amount to nothing. Sovereignty is always taken, never given, and a second more profound theory subsequently discovers why this must be so. Who would not say the best political constitution is that which has been debated and drafted by statesmen perfectly acquainted with the national character, and who have foreseen every circumstance? Nevertheless nothing is more false. The best constituted people is the one that has the fewest written constitutional laws, and every written constitution is WORTHLESS.”

“The creators of the Constitution were not purple-robed scholars, sitting in their ivory towers attempting to put abstract theories into play, but men who had come to realize that their system of government was broken. These men desired desperately to repair it.”

“And yet we have what purports, or professes, or is claimed, to be a contract—the Constitution—made eighty years ago, by men who are now all dead, and who never had any power to bind us, but which (it is claimed) has nevertheless bound three generations of men, consisting of many millions, and which (it is claimed) will be binding upon all the millions that are to come; but which nobody ever signed, sealed, delivered, witnessed, or acknowledged; and which few persons, compared with the whole number that are claimed to be bound by it, have ever read, or even seen, or ever will read, or see.”

“Power's not what the Constitution was about.”

“When the Chief Justice read me the oath,' he [FDR] later told an adviser, 'and came to the words "support the Constitution of the United States" I felt like saying: "Yes, but it's the Constitution as I understand it, flexible enough to meet any new problem of democracy--not the kind of Constitution your Court has raised up as a barrier to progress and democracy.”