PRESIDENT ROOSEVELT CONTROLS CONGRESS
President Roosevelt asked Congress and the American people for powers which had been previously granted to the Executive branch only during wartime.  Congress responded by enacting, in record time, much of President Roosevelt’s New Deal program.  In fact the Emergency Banking Act was passed by Congress only eight hours after Roosevelt assumed the Presidency.  Many “New Deal” laws gave Roosevelt authority in areas previously controlled only by Congress.

ROOSEVELT’S “COURT PACKING” PLAN  Court Packing Documents      Court Packing Redux - John Adams and FDR
Roosevelt, fresh from a victory in the election of 1936, believed he had a mandate from the American people regarding his New Deal. 
 

THE PLAN Fearing the Supreme Court would continue to rule an increasing number of his New Deal programs unconstitutional, Roosevelt petitioned Congress for the power to appoint a new Supreme Court Justice for every Justice over 70 years old.  Since six of the justices were over 70 at that time, the President would have been able to appoint six additional Justices. 

THE REACTION 

Congress was outraged and saw this as a threat to the separation of powers.  They voted overwhelmingly against the proposal.  However, within two years, two justices retired allowing Roosevelt to nominate justices sympathetic to his views.  Consequently, the court took a more liberal approach to the constitutionality of New Deal programs. 

President as a King Review

ROOSEVELT BREAKS TWO TERMS TRADITION: Many Americans, already uncomfortable with Roosevelt’s growing power, became nervous when Roosevelt, broke the “two-term” tradition and was elected to a third and fourth term as President. (In 1951 the twenty second Amendment limited the President to two terms.)