Court Packing
Excerpt from Franklin D. Roosevelt's March 9, 1937 fireside chat
"What is my proposal? It is simply this: whenever a judge or justice of any federal court has reached the
age of seventy and does not avail himself of the opportunity to retire on a pension, a new member shall
be appointed by the president then in office, with the approval, as required by the Constitution, of the
Senate of the United States.
That plan has two chief purposes. By bringing into the judicial system a steady and continuing stream of
new and younger blood, I hope, first, to make the administration of all federal justice, from the bottom
to the top, speedier and, therefore, less costly; secondly, to bring to the decision of social and economic
problems younger men who have had personal experience and contact with modern facts and
circumstances under which average men have to live and work. This plan will save our national
Constitution from hardening of the judicial arteries.
The number of judges to be appointed would depend wholly on the decision of present judges now over
seventy, or those who would subsequently reach the age of seventy.
If, for instance, any one of the six justices of the Supreme Court now over the age of seventy should
retire as provided under the plan, no additional place would be created. Consequently, although there
never can be more than fifteen, there may be only fourteen, or thirteen, or twelve. And there may be
only nine. "
"But since the rise of the modern movement for social and economic progress through legislation, the
Court has more and more often and more and more boldly asserted a power to veto laws passed by the
Congress and by state legislatures in complete disregard of this original limitation which I have just
read.
In the last four years the sound rule of giving statutes the benefit of all reasonable doubt has been cast
aside. The Court has been acting not as a judicial body, but as a policymaking body. "
Frankllin D. Roosevelt, fireside chat -March 1937 (first fireside chat of second term)
Questions:
1. What is Roosevelt proposing?
2. What 2 reasons does Roosevelt have for this plan?
3. Who would appoint the new justices?
4. What do you think?
5. How would this affect Roosevelt's power? The Supreme Courts?
What does this cartoon suggest about FDR’s relationship with the other branches of government?
How is this a violation of the Constitution?
What does this suggest about FDR’s motives for judicial reorganization?
What has lead FDR to feel this way?
Franklin Delano Roosevelt's "Court Packing" Plan
President Franklin Delano Roosevelt's "New Deal" - a series of economic programs designed to counter the devastating
effects of the Great Depression - faced many challenges in the courts. During President Roosevelt's first term in office, the
Supreme Court struck down several provisions and statutes included in New Deal programs, including the National Industrial
Recovery Act, the Railroad Retirement Act, and the Agricultural Adjustment Act.
On February 8, 1937, the Senate Judiciary Committee met to
consider President Roosevelt's request to increase membership
on the Supreme Court. Library of Congress, Prints and
Photographs Division, Washington, D.C.
To counter the impact of the Court's decisions on the New
Deal reforms, President Roosevelt proposed legislation that
would have altered the makeup of the Supreme Court. The
Judiciary Reorganization Bill of 1937, which provided for
broad reform of the federal judicial system, allowed President
Roosevelt to appoint an additional member to the Supreme
Court for every sitting justice over the age of 70, which would
have resulted in a total of six new justices at the time the bill
was introduced. Despite the fact that the Constitution does not
limit the size of the Supreme Court, the legislation
immediately came under sharp criticism from legislators, bar
associations, and the public.
On March 10, 1937, the Senate Judiciary Committee held the
first hearings on the Judiciary Reorganization Bill.
Chairman Henry Ashurst of Arizona presided over the hearings, which included testimony from Attorney
General Homer Cummings on behalf of the Roosevelt administration. President Roosevelt's proposed
legislation suffered a setback when the Senate Judiciary Committee failed to favorably report the
legislation out of committee. Votes to report the bill to the full Senate "favorably" and "without
recommendation" were unsuccessful. Finally, in a 10-to-8 vote, the Committee reported the legislation
"adversely."
The Senate began debating the measure on July 2, 1937. The
Roosevelt administration was dealt another setback, however,
when, less than two weeks into the vigorous floor debate,
Senate Majority Leader Joseph T. Robinson - a principal
support of the legislation - died of a heart attack. The loss of
Robinson dashed the administration's hopes of successful
passage of the original legislation. On July 22, 1937, the full
Senate voted to send the bill back to the Senate Judiciary
Committee where many of the provisions, including
providing for additional justices to the Supreme Court, were
eventually stripped. Finally, on August 26, 1937, the Senate
passed an amended version of the Judiciary Reorganization
Bill which did not include a provision to increase the number
of Supreme Court justices.
On March 10, 1937, Attorney General Homer S. Cummings
(center) testified about President Roosevelt's court packing
plan. Library of Congress, Prints and Photographs Division,
Washington, D.C.
President Roosevelt would eventually appoint eight justices to the Court during his 12 years in office.
Sources:
"Democrats Divide in Committee Poll," The New York Times, May 19, 1937.
Catledge, Turner. "A Full Surrender," The New York Times, July 23, 1937
Martin, Liam. "The Court-Packing Debacle of 1937," American Chronicle, June 24, 2007
McKenna, Marian C. Franklin Roosevelt and the Great Constitutional War: The Court-Packing Crisis of 1937. New York, NY: Fordham University
Press.