"The layman's constitutional view is that what he likes is constitutional and that which he doesn't like is unconstitutional"
About this Quote
The tight parallelism - “what he likes” versus “what he doesn’t like” - mimics the simplicity of the mistake. It’s the logic of the thumbs-up, dressed in civic clothing. Black’s real target is interpretive bad faith: the urge to claim the Constitution as a personal weapon rather than a shared constraint. In an era when constitutional arguments increasingly traveled through newspapers, radio, and campaign stump speeches, the quip reads as a warning about constitutionalization as rhetoric: labeling something “unconstitutional” as a way to end debate, not refine it.
Context matters. Black, a New Deal appointee and a fierce defender of First Amendment absolutism, spent his career watching constitutional language become a proxy war for ideology - over labor, civil liberties, segregation, due process. The subtext is institutional: if constitutional meaning collapses into taste, courts become just another political arena, and legitimacy bleeds out. His sentence is a plea for discipline - not necessarily for deference, but for intellectual honesty about when we’re arguing law and when we’re just arguing ourselves.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
| Cite |
Citation Formats
APA Style (7th ed.)
Black, Hugo. (2026, January 15). The layman's constitutional view is that what he likes is constitutional and that which he doesn't like is unconstitutional. FixQuotes. https://fixquotes.com/quotes/the-laymans-constitutional-view-is-that-what-he-146657/
Chicago Style
Black, Hugo. "The layman's constitutional view is that what he likes is constitutional and that which he doesn't like is unconstitutional." FixQuotes. January 15, 2026. https://fixquotes.com/quotes/the-laymans-constitutional-view-is-that-what-he-146657/.
MLA Style (9th ed.)
"The layman's constitutional view is that what he likes is constitutional and that which he doesn't like is unconstitutional." FixQuotes, 15 Jan. 2026, https://fixquotes.com/quotes/the-laymans-constitutional-view-is-that-what-he-146657/. Accessed 12 Feb. 2026.







