| 
  • If you are citizen of an European Union member nation, you may not use this service unless you are at least 16 years old.

  • You already know Dokkio is an AI-powered assistant to organize & manage your digital files & messages. Very soon, Dokkio will support Outlook as well as One Drive. Check it out today!

View
 

FDR vs The Constitution

Page history last edited by Mr. Hengsterman 3 years, 11 months ago

 

 

 FDR v. The Constitution: The Court-Packing Fight and the Triumph of Democracy

In February 1937, Roosevelt promoted an audacious plan to expand the Court to fifteen justices—
and to "pack" the new seats with liberals who shared his belief in a "living" Constitution

https://www.youtube.com/watch?v=C4_slYuEGFU

 


 

 

FDR vs the Constitution:  New Deal Laws declared Unconstitutional

Why did  the Supreme Court might find some of Roosevelt’s policies unconstitutional?

Schechter Poultry  vUnited States (1935 

 

United States vs Butler (1936)

 

 

 


 

 

 

FDR vs the Constitution:  The Court Packing Plan of 1937

Roosevelt attempts to “pack” the court and thus neutralize Supreme Court justices hostile to his New Deal programs and policies. 

 

Context: On February 5, 1937, President Franklin Roosevelt announces a controversial plan to expand the Supreme Court to as many as 15 judges, allegedly to make it more efficient. 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.

 

Court Packing CartoonsCourt Packing Redux 

 

Consequence: The plan was widely and vehemently criticized. The law was never enacted by Congress, and Roosevelt lost a great deal of political support for having proposed it.  

 

Point of Interest: During his twelve years in office, President Franklin D. Roosevelt appointed eight new members of the Supreme Court of the United States: Associate Justices Hugo Black, Stanley F. Reed, Felix Frankfurter, William O. Douglas, Frank Murphy, James F. Byrnes, Robert H. Jackson, and Wiley Blount Rutledge. Additionally, he elevated sitting Justice Harlan Fiske Stone to Chief Justice. Roosevelt's nine nominations filled eight seats on the Supreme Court because Associate Justice Byrnes resigned while Roosevelt was still in office. Roosevelt nominated Rutledge to the seat vacated by Byrnes.

 

 

Comments (0)

You don't have permission to comment on this page.