“We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our liberty and of our property under the Constitution.”
Speech before the Chamber of Commerce, Elmira, New York (3 May 1907); published in Addresses and Papers of Charles Evans Hughes, Governor of New York, 1906–1908 (1908), p. 139
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Charles Evans Hughes 34
American judge 1862–1948Related quotes
“What constitutes the bulwark of our own liberty and independence?”
Speech at Edwardsville, Illinois (11 September 1858); quoted in Lincoln, Abraham; Mario Matthew Cuomo, Harold Holzer, G. S. Boritt, Lincoln on Democracy http://books.google.de/books?id=8bWmmyJEMZoC&pg=PA128 (Fordham University Press, September 1, 2004), 128. .
Variant of the above quote: What constitutes the bulwark of our own liberty and independence? It is not our frowning battlements, our bristling sea coasts, our army and our navy. These are not our reliance against tyranny All of those may be turned against us without making us weaker for the struggle. Our reliance is in the love of liberty which God has planted in us. Our defense is in the spirit which prizes liberty as the heritage of all men, in all lands everywhere. Destroy this spirit and you have planted the seeds of despotism at your own doors. Familiarize yourselves with the chains of bondage and you prepare your own limbs to wear them. Accustomed to trample on the rights of others, you have lost the genius of your own independence and become the fit subjects of the first cunning tyrant who rises among you.
Fragment of Speech at Edwardsville, Ill., September 13, 1858; quoted in Lincoln, Abraham; The Writings of Abraham Lincoln V05 http://www.classic-literature.co.uk/american-authors/19th-century/abraham-lincoln/the-writings-of-abraham-lincoln-05/ebook-page-05.asp) p. 6-7
1850s
Context: What constitutes the bulwark of our own liberty and independence? It is not our frowning battlements, our bristling sea coasts, the guns of our war steamers, or the strength our gallant and disciplined army? These are not our reliance against a resumption of tyranny in our fair land. All of those may be turned against our liberties, without making us weaker or stronger for the struggle. Our reliance is in the love of liberty which God has planted in our bosoms. Our defense is in the preservation of the spirit which prizes liberty as the heritage of all men, in all lands, everywhere. Destroy this spirit, and you have planted the seeds of despotism around your own doors. Familiarize yourselves with the chains of bondage and you are preparing your own limbs to wear them. Accustomed to trample on the rights of those around you, you have lost the genius of your own independence, and become the fit subjects of the first cunning tyrant who rises.
“Thank God, under our Constitution there was no connection between church and state.”
Diary entry (14 October 1846).
1997 Senate confirmation hearing, reported in Deborah Tedford, " "Senate Will Have To Confirm Court Choice http://www.npr.org/templates/story/story.php?storyId=104532843&ft=1&f=3", NPR (26 May 2009).
Introduction to the Study of the Law of the Constitution [Eighth Edition, 1915] (LibertyClassics, 1982), p. 116.
Letter to William Charles Jarvis (1820)
1820s
Context: You seem to consider the federal judges as the ultimate arbiters of all constitutional questions, a very dangerous doctrine, indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have with others the same passions for the party, for power and the privilege of the corps. Their power is the more dangerous, as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all departments co-equal and co-sovereign within themselves.
Homeric Synchronism : An Enquiry Into the Time and Place of Homer (1876), Introduction
1870s
Context: A rational reaction against the irrational excesses and vagaries of scepticism may, I admit, readily degenerate into the rival folly of credulity. To be engaged in opposing wrong affords, under the conditions of our mental constitution, but a slender guarantee for being right.
Speech, United States Senate (11 March 1850).
Context: It is true, indeed, that the national domain is ours. It is true that it was acquired by the valor and with the wealth of the whole nation. But we hold no arbitrary authority over it. We hold no arbitrary authority over anything, whether lawfully acquired or seized by usurpation. The constitution regulates our stewardship; the constitution devotes the domain to union, to justice, to defense, to welfare and to liberty.
But there is a higher law than the Constitution, which regulates our authority over the domain, and devotes it to the same noble purposes.
Speech at Kalamazoo, Michigan (27 August 1856) http://www.mrlincolnandfreedom.org/inside.asp?ID=14&subjectID=2, Collected Works 1:391 http://quod.lib.umich.edu/l/lincoln/lincoln2/1:391?rgn=div1;view=fulltext
1850s
No. III, "The Monarchy (continued)", p. 75
The English Constitution (1867)