Charles Evans Hughes
Charles Evans Hughes
Charles Evans Hughes, Sr.was an American statesman, lawyer, and Republican politician from New York. He served as the 36th Governor of New York, Associate Justice of the Supreme Court of the United States, United States Secretary of State, a judge on the Court of International Justice, and the 11th Chief Justice of the United States. He was the Republican nominee in the 1916 U.S. Presidential election, losing narrowly to incumbent President Woodrow Wilson...
NationalityAmerican
ProfessionJudge
Date of Birth11 April 1862
CountryUnited States of America
Charles Evans Hughes quotes about
We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our property and our liberty and our property under the Constitution.
Dissents are appeals to the brooding spirit of the law, to the intelligence of another day.
It is the essence of the institutions of liberty that it be recognized that guilt is personal and cannot be attributed to the holding of opinions or to mere intent in the absence of overt acts.
Emergency does not increase granted power or remove or diminish the restrictions imposed upon power granted or reserved. The Constitution was adopted in a period of grave emergency. Its grants of power to the federal government and its limitations of the power of the States were determined in the light of emergency, and they are not altered by emergency.
The United States is the greatest law factory the world has ever known.
I think that it is a fallacy to suppose that helpful cooperation in the future will be assured by the attempted compulsion of an inflexible rule. Rather will such cooperation depend upon the fostering of firm friendships springing from an appreciation of community ideals, interests, and purposes, and such friendships are more likely to be promoted by freedom of conference than by the effort to create hard and fast engagements.
But it is recognized that punishment for the abuse of the liberty accorded to the press is essential to the protection of the public, and that the common law rules that subject the libeler to responsibility for the public offense, as well as for the private injury, are not abolished by the protection extended in our constitutions. The law of criminal libel rests upon that secure foundation. There is also the conceded authority of courts to punish for contempt when publications directly tend to prevent the proper discharge of judicial functions.
Selfishness and demagoguery take advantage of liberty. The selfish hand constantly seeks to control government, and every increase of governmental power, even to meet just needs, furnishes opportunity for abuse and stimulates the effort to bend it to improper uses.
The greater the importance to safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve the constitutional rights of free speech, free press and free assembly in order to maintain the opportunity for free political discussion.
The power to wage war is the power to wage war successfully.
In a number of cases dissenting opinions have in time become the law.
Our institutions were not devised to bring about uniformity of opinion; if they had we might well abandon hope. It is important to remember, as has well been said, 'the essential characteristic of true liberty is that under its shelter many different types of life and character and opinion and belief can develop unmolested and unobstructed.'
The power of administrative bodies to make finding of fact which may be treated as conclusive, if there is evidence both ways, is a power of enormous consequence. An unscrupulous administrator might be tempted to say "Let me find the facts for the people of my country, and I care little who lays down the general principles.