"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"
About this Quote
The subtext is a bargain: if you want constitutional rights to be real rather than rhetorical, you must accept that an unelected judiciary will define their boundaries. Hughes wraps that bargain in reassurance by pairing “liberty” with “property” - and then, tellingly, repeating property. That repetition isn’t a verbal tic; it reveals priorities. Early-20th-century constitutional conflict often turned on whether government could regulate markets, wages, and working conditions. Courts regularly treated property rights as the backbone of freedom itself. Hughes is signaling to business interests and constitutional traditionalists that the bench is a bulwark against majoritarian meddling.
It also smuggles in a warning. If the Constitution’s meaning is judicially mediated, then political fights over rights and regulation inevitably become fights over courts: appointments, jurisdiction, legitimacy. Hughes is articulating the logic behind today’s confirmation wars decades before they became a spectator sport.
Quote Details
| Topic | Justice |
|---|---|
| Source | Later attribution: Nas entrelinhas da jurisdição constitucional: estudos crí... (Juliana Cristine Diniz Campos, 2019) modern compilationISBN: 9786587966038 · ID: cizwDwAAQBAJ
Evidence:
... 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 " . 6 Cf., OLIVEIRA, David Barbosa. A ... |
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Citation Formats
APA Style (7th ed.)
Hughes, Charles Evans. (2026, February 9). 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. FixQuotes. https://fixquotes.com/quotes/we-are-under-a-constitution-but-the-constitution-123680/
Chicago Style
Hughes, Charles Evans. "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." FixQuotes. February 9, 2026. https://fixquotes.com/quotes/we-are-under-a-constitution-but-the-constitution-123680/.
MLA Style (9th ed.)
"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." FixQuotes, 9 Feb. 2026, https://fixquotes.com/quotes/we-are-under-a-constitution-but-the-constitution-123680/. Accessed 13 Feb. 2026.



