The only child of a Baptist minister and a strong-willed, doting mother who hoped their son would become a man of the cloth, Charles Evans Hughes compiled a record of public service unparalleled for its diversity and achievement by any other member of the Supreme Court with the exception of WILLIAM HOWARD TAFT. In addition to pursuing a lucrative career at the bar, Hughes taught law at Cornell, served as a two-term governor of New York, was secretary of state under two Presidents during the 1920s, and served as associate Justice and Chief Justice of the United States. By the narrowest of margins, he lost the electoral votes of California in 1916 and thus the presidency to the incumbent, WOODROW WILSON. Hughes was a man of imposing countenance and intellectual abilities, who left an indelible mark upon the nation's politics, diplomacy, and law.
First appointed to the Court as associate justice by President William Howard Taft, Hughes brought to the bench the social and intellectual outlook of many American progressives, those morally earnest men and women from the urban middle class who wished to purge the nation's politics of corruption, infuse the business world with greater efficiency and concern for the public welfare, and minister to the needs of the poor in the great cities. In an earlier era, such people had found an outlet for their moral energies in religion. By the turn of the twentieth century, they practiced a social gospel and undertook a "search for order" through secular careers in law, medicine, public administration, journalism, engineering, and social welfare.
"We are under a Constitution," Governor Hughes remarked shortly before his appointment to the bench, "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." This statement reflected the ambivalence of many progressives about the nation's fundamental charter of government and its judicial expositers on the Supreme Court. On the one hand, Hughes and other progressives clearly recognized that constitutional decision-making was a subjective process, strongly influenced by the temper of the times and by the social biases and objectives of individual jurists. The Constitution, they believed, was flexible enough to accommodate the growing demands for reform that sprang from the manifold desires of businessmen, consumers, farmers, and industrial workers who wished to use government to promote economic security in an increasingly complex, interdependent capitalist economy. Like other progressives, Hughes saw government, both state and federal, as a positive instrument of human welfare that could discipline unruly economic forces, promote moral uplift, and guarantee domestic social peace by protecting the citizen from the worst vicissitudes of the marketplace.
At the same time, Hughes and other middle-class reformers had a morbid fear of socialism and resisted endowing government with excessive power over persons and property. They wanted social change under the rule of law, in conformity with American traditions of individualism, and directed by a disinterested elite of lawyers, administrators, and other experts of enlightened social progress.
By the time Hughes took his seat on the nation's highest court, the Justices had grappled inconclusively for almost five decades with the question of the reach of the constitutional power of the states and the national government to regulate economic activity. One group of Justices, influenced by the Jacksonian legacy of entrepreneurial individualism, equality, and STATES ' RIGHTS, had combined an expansive reading of the FOURTEENTH AMENDMENT ' SDUE PROCESS clause and a narrow interpretation of the COMMERCE CLAUSE and the TAXING AND SPENDING POWER in order to restrict both state and federal regulation of private economic decision making. Another group of Justices, heirs to the radical Republican tradition of moral reform and positive government, had been more receptive to governmental efforts at ECONOMIC REGULATION and redistribution.
Hughes placed his considerable intellectual resources on the side of the economic nationalists and those who refused to read the due process clause as a mechanical limitation upon state regulation of economic affairs. In Miller v. Wilson (1915), for example, he wrote for a unanimous bench to sustain California's eight-hour law for women in selected occupations against a challenge that the law violated FREEDOM OF CONTRACT. The liberty protected by the due process clause, he noted, included freedom from arbitrary restraint, but not immunity from regulations designed to protect public health, morals, and welfare.
More significant, he joined the dissenters in...