Criticism of government finds sanctuary in several portions of the 1st Amendment. It is part of the right of free speech. It embraces freedom of the press
Hugo BlackRead
The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges views of fairness, reasonableness, or justice. I have no fear of constitutional amendments properly adopted, but I do fear the rewriting of the Constitution by judges under the guise of interpretation.
Interpretation
What this quote means
The quote emphasizes the importance of adhering strictly to the Constitution in legal interpretations rather than subjective notions of fairness.
Hugo Black's quote underscores the principle that judges should interpret the Constitution based solely on its explicit text, rather than their personal beliefs about what is fair or just. He expresses concern over judicial activism, where judges may reshape constitutional meanings through subjective interpretations, contrary to the intention of the Constitution's framers.
Themes
ConstitutionInterpretationJudicial ActivismLawJustice
In practice
Example use cases
During a lecture on constitutional law, one might use this quote to illustrate the importance of originalism.
More from Hugo Black
All quotes βLoyalty must arise spontaneously from the hearts of people who love their country and respect their government.
Hugo BlackRead
Paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people and sending them off to distant lands to die of foreign fevers and foreign shot and shell.
Hugo BlackRead
The Press was protected so that it could bare the secrets of the government and inform the people. Only a free and unrestrained press can effectively expose deception in government. And paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people.
Hugo BlackRead
It is my belief that there are "absolutes" in our Bill of Rights, and that they were put there on purpose by men who knew what words meant and meant their prohibitions to be "absolutes."
Hugo BlackRead
Words uttered under coercion are proof of loyalty to nothing but self-interest. Love of country must spring from willing hearts and free minds.
Hugo BlackRead
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