Social Studies Extended Response Prompt
Quote
“My construction of the Constitution ... is that each department is truly independent of the others, and has
an equal right to decide for itself what is the meaning of the constitution in the cases submitted to its action”
- Thomas Jefferson, 1819
Editorial
This February 23, 1937 editorial by newspaperman Frank E. Gannett was written in response to President
Franklin Roosevelt’s proposed plan to add justices to the US Supreme Court after it had ruled several of
his New Deal laws unconstitutional.
President Roosevelt has cleverly camouflaged a most amazing and startling proposal for packing
the Supreme Court. It is true that the lower courts are slow and overburdened, we probably do need more
judges to expedite litigation but this condition should not be used as a subtle excuse for changing the
complexion and undermining the independence of our highest court. Increasing the number of judges from
nine to fifteen would not make this high tribunal act any more promptly than it does now, but it would give
the President control of the Judiciary Department.
The Supreme Court having declared invalid many of the administration measures the President now
resorts to a plan of creating a Supreme Court that will be entirely sympathetic with his ideas . . . The
President is mistaken if he thinks he can conceal his real purpose of packing, influencing and controlling
the Supreme Court by confusing that objective with a long dissertation on the slow action of our various
courts.
The Supreme Court has been the anchor that has held America safe through many storms. It’s
absolute independence and integrity must never be in doubt.
Our Government is composed of three departments, Legislative, Executive and Judiciary. These are
the foundations of our Democracy. As a result of the election and the transfer of powers by so-called
emergency measures, the Executive now dominates the Legislative Department. The President now
proposes also to dominate the Judiciary. Do we want to give to this man or any one man complete control
of these three departments of our Government which have from the beginning of the Republic been kept
entirely separate and independent?
Prompt
In your response, develop an argument about how the author’s position in his editorial
reflects the enduring issue expressed in the quote from Thomas Jefferson. Incorporate relevant
and specific evidence from the quote, the editorial, and your own knowledge of the enduring issue
and the circumstances surrounding President Roosevelt’s attempt to “pack” the Supreme Court to
support your analysis.
Type your response in the box. This task may take 25 minutes to complete.
Answer Guidelines
Enduring Issue: Separation of Powers. The Constitution created three branches of
government. The President runs the executive branch, Congress controls the
legislative branch, and the Supreme Court heads the judicial branch. Each branch of
the government is separate but equal in power.
How the Two Sources Fit Together: Thomas Jefferson says that the three branches
of government are independent of each other and each branch has equal rights. Mr.
Gannett agrees with Jefferson and feels that the President is trying to take over the
Supreme Court. A President in control of any of the other branches of government has
too much power, and this is dangerous for the United States.
Historical Context: In the 1930s, the US was suffering through the Great Depression.
Millions of people were out of work and the President asked Congress to pass his New
Deal laws that put people to work in government sponsored projects. The Supreme
Court had ruled that several New Deal laws were unconstitutional. (When a law is ruled
unconstitutional, it is no longer in effect.) Feeling threatened, President Roosevelt
created a plan to put new justices on the Supreme Court when any justice reached age
70 and 6 months. The President could then put justices on the court who agreed with
his plans. Many people thought this plan would give the President too much power.