Name: _______________________________________
Date: ___________
Court Packing Political Cartoons
Background:In 1936 President Roosevelt's New Deal was put to the public opinion test when he ran for
reelection for the first time. Roosevelt crushed Republican candidate Alf Landon in one of the most
lopsided presidential elections in American history. Roosevelt won with nearly 61% of the popular vote,
and by 523-8 in the electoral college. Roosevelt interpreted this victory as an approval of his New Deal
programs by Americans, yet he was frustrated that the Supreme Court had declared unconstitutional two
of his key economic programs, the National Recovery Act and the Agricultural Adjustment Act. On
January 6, 1937, just two weeks before his first term was to expire, FDR delivered the annual State Of
The Union address before a joint session of congress. In this speech Roosevelt made several comments
about the judiciary branch of government (The Supreme Court) In the first comment, Roosevelt
described the need for closer harmony between legislative and judicial action. In other words, he was
expressing his view that by declaring key parts of the New Deal unconstitutional, the Supreme Court
was out of harmony with the will of the people as expressed in Congress, and in their recent reelection
of him. Later in the speech, Roosevelt added:
"The Judicial branch also is asked by the people to do its part in making democracy successful. We do
not ask the Courts to call nonexistent powers into being, but we have a right to expect that conceded
powers or those legitimately implied shall be made effective instruments for the common good."
Cartoon #1
Cartoon #2
Cartoons have several different levels of meaning. Cartoon #1 is an example of Level
1, the most basic type. It is a straightforward drawing of an event or issue. It does
not express an opinion by the artist. The character can be identified as a judge
because of the robe he's wearing. To make it more clear, the artist has written
"Supreme Court" on his robe. Thus, the character represents a Supreme Court justice.
In his hand is a piece of paper with a quote from Roosevelt's State Of The Union
Address, the same words quoted above. Though the president did not specifically
mention the Supreme Court, it's pretty obvious he was referring to it. The justice in
the cartoon is asking the question as to whether Roosevelt's words should be
interpreted as a criticism of the Court. He's being sarcastic. Of course those words can
only be seen as a criticism. In summary, the cartoon captures the event, but does not
include anything expressing the artist's own opinion about the Court's performance or
Roosevelt's criticism of it.
In Level 2, the artist will use a metaphor in the cartoon. A metaphor in this case
refers to one thing that is interpreted as representing something else, thus making a
comparison. To understand the full meaning of the cartoon, the viewer must have
background knowledge of what the current event/issue is being compared with. Does
the scene in cartoon #2 seem familiar? The comparison being made here is between
Roosevelt's criticism of the Supreme Court, and a very famous painting called "The
Spirit of '76". A.M. Willard painted this in 1876 at the centennial of America's
Declaration of Independence. It depicts a parade during the Revolutionary War, with
the soldiers marching in unison. Since 1876 it has become a very recognizable symbol
of patriotism and the American spirit. Note the title of the cartoon. In the cartoon, the
3 soldiers have been replaced by the three branches of government. The main soldier
is now the president (the executive branch). The other soldiers are Congress (the
legislative branch) and the Supreme Court (the judicial branch). Notice that congress
is in step with Roosevelt, but the Supreme Court is not. The suggestion is that the
Supreme Court, by not cooperating with Roosevelt, is being unpatriotic. Does this
cartoon express the author's personal opinion? Not necessarily. It shows that
Roosevelt believes the Court is unpatriotic. That doesn't mean the artist necessarily
agrees. Level 2 uses a metaphor, but still does not express the artist's personal
opinion.
On February 5, 1937, Roosevelt sent a message to Congress recommending the reorganization of the
judiciary branch of the government. Roosevelt gave two reasons why this needed to be done. First, he
said: "The Judiciary has often found itself handicapped by insufficient personnel with which to meet a
growing and more complex business...The simple fact is that today a new need for legislative action
arises because the personnel of the Federal Judiciary is insufficient to meet the business before them. A
growing body of our citizens complain of the complexities, the delays, and the expense of litigation in
United States Courts." In other words, he said that there weren't enough judges to do all the work that
needed to be done. Second, he said: "A part of the problem of obtaining a sufficient number of judges to
dispose of cases is the capacity of the judges themselves. This brings forward the question of aged or
infirm judges...In the federal courts there are in all 237 life tenure permanent judgeships. Twenty-five of'
them are now held by judges over seventy years of age and eligible to leave the bench on full pay...Life
tenure of judges, assured by the Constitution, was designed to place the courts beyond temptations or
influences which might impair their judgments: it was not intended to create a static judiciary. A
constant and systematic addition of younger blood will vitalize the courts and better equip them to
recognize and apply the essential concepts of justice in the light of the needs and the facts of an everchanging world." In other words, Roosevelt was saying that too many of the judges, including those on
the Supreme Court, were too old!
So, where was Roosevelt headed with this? Further in the message he proposed a solution for both of
these problems: "I, therefore, earnestly recommend that the necessity of an increase in the number of
judges be supplied by legislation providing for the appointment of additional judges in all federal
courts, without exception, where there are incumbent judges of retirement age who do not choose to
retire or to resign. If an elder judge is not in fact incapacitated, only good can come from the presence
of an additional judge in the crowded state of the dockets; if the capacity of an elder judge is in fact
impaired, the appointment of an additional judge is indispensable. This seems to be a truth which cannot
be contradicted." In the proposed bill attached to the message, the exact details of the plan were made
clear:
a) When any judge of a court of the United States, appointed to hold his office during good behavior,
has heretofore or hereafter attained the age of seventy years and has held a commission or commissions
as judge of any such court or courts at least ten years, continuously or otherwise, and within six months
thereafter has neither resigned nor retired, the President, for each such judge who has not so resigned
or retired, shall nominate, and by and with the advice and consent of the Senate, shall appoint one
additional judge to the court to which the former is commissioned. Provided, That no additional judge
shall be appointed hereunder if the judge who is of retirement age dies, resigns or retires prior to the
nomination of such additional judge.
(b) The number of judges of any court shall be permanently increased by the number appointed
thereto...nor shall any judge be so appointed if such appointment would result in...more than fifteen
members of the Supreme Court of the United States...
This proposal would allow Roosevelt to nominate a new Supreme Court justice for every justice with 10
years of service, age 70 or over, who refused to retire, up to a total of 15 Supreme Court justices. In
other words, this proposal could increase the total number of justices from 9 to 15! Before any of this
could happen, Congress would have to pass this bill into law. Before that could happen, there would be a
serious public debate on the plan. The following cartoons are all from that public debate.
Here is an example of a Level 1 cartoon. Respond to the
questions below
1. Based on the title of the cartoon, how many justices had met the
70-or-over requirements? How many new justices would
Roosevelt be able to nominate if the bill became law?
2. Describe how this cartoon captures the issue.
3. The words "A Free and Independent Judiciary" refer to Article
III of the U.S. Constitution. The judiciary is supposed to be a
distinct branch of the government, not part of one of the other
branches. Would FDR's plan jeopardize this? Explain how it
might.
Cartoon #3
|
Here is an example of a Level 2 cartoon. Respond to the questions
below
4. Identify the overall metaphor. What two things are being compared?
5. Now identify each part of the metaphor. For example, the US
Constitution is being compared with a sick patient. Identify three other
parts of the metaphor.
Cartoon #4
6. Finally, explain the metaphor. Whose point-of-view is being
expressed here? Is it Congress's? Roosevelt's? The American public's?
According to that point-of-view, what is the problem and the solution?
Now let's look at the next type of cartoon. Level 3 cartoons are just like level 1 cartoons, with the
difference that the cartoonist clearly expresses an opinion on the issue.
Cartoon #5
First, remember that in his State Of The Union Address, Roosevelt said
that the Supreme Court was out of harmony with the other branches of
government and the will of the people of the United States. The title of
this cartoon, "Let's Harmonize!", is a reference to FDR's speech. All
three branches of government are represented here. The cartoonist is
suggesting that the legislative branch is in harmony with the executive
because FDR has a stranglehold on it. According to the cartoonist,
Roosevelt's court-packing plan now has him making a grab for the
Supreme Court, to force the judicial branch into "harmony" as well.
Again, it's suggested that FDR will control the court if he is able to
nominate 6 new justices who all share his views on the New Deal.
Because the action Roosevelt is taking is being portrayed as negative, we
know that the cartoonist is criticizing Roosevelt and his plan for
reorganizing the judiciary branch.
Now it's your turn. Here is an example of a Level 3 cartoon.
Respond to the questions below
7. This cartoon is very similar to the previous one. Explain what's
going on.
8. Does the cartoonist sees Roosevelt's court-packing plan as
something positive or negative?
9. Explain how this cartoonist's opinion is even stronger than the
opinion of the artist of #5.
|
Cartoon #6
Now it's time for the final type of cartoon. Level 4 cartoons use metaphors and clearly express the
cartoonist's opinion on the issue.
In "The Ngeneious Quarterback," the cartoonist uses a football
metaphor. The quarterback is getting ready to run his next play. FDR
is the quarterback, Congress is the referee, and The Supreme Court is
the team. FDR says that the players on the field are through (the
justices are too old), but he doesn't want them taken off the field,
Instead, his idea is to ask the referee (congress) for six substitutes (6
new Supreme Court justices. Congress would be able to supply these
substitutes by passing the bill to reorganize the judiciary). By using
the football metaphor, the author enables us to understand the issue
immediately. We all know it would be ridiculous for a quarterback to
ask for 6 substitutes all at once without taking any of his players off
the field. Therefore, we can tell that the cartoonist also thinks FDR's
court-packing plan is ridiculous, and he wants us to think it ridiculous
as well.
Cartoon #7
10. Before you analyze a Level 4 cartoon,
here's a little test for you. To the left and
right are two more sports metaphor
cartoons. One clearly expresses the
cartoonist's opinion (Level 4), while the
other doesn't (Level 2). Which is which?
Explain why you answered the way you
did.
|
Cartoon #8
Cartoon #9
Here is an excellent example of a Level 4 cartoon. Respond to the
questions below. It's a complex one, but do your best
11. Identify the overall metaphor. What two things are being
compared?
12. Now identify the parts of the metaphor. For example, the US
Constitution is being compared with a tennis net. Identify four
other parts of the metaphor.
13. Explain the metaphor as it's set up in the top half of the cartoon.
Cartoon #10
14. Explain the metaphor as it's executed in the bottom half of the
cartoon.
15. Explain the cartoonist's opinion about FDR's court-packing
plan.
| Check your answers |
16-24. It's time to test what you've learned. We will now look at a few more political cartoons on the
screen. For each one, do these things:
a. Tell what type of cartoon it is (Level 1, 2, 3, or 4)
b. For Level 1 and 3 cartoons (non-metaphor), describe how the cartoon captures the issue. For Level 2
and 4 cartoons, describe the metaphor used.
c. For Level 2 and 4 cartoons, explain each part of the metaphor.
d. For Level 3 and 4 cartoons, describe the cartoonist's opinion.
Check your answers with your instructor.
Cartoon 11
a._______________________________________________________________
b. _______________________________________________________________
c. _______________________________________________________________
d. _______________________________________________________________
Cartoon 12
a._______________________________________________________________
b. _______________________________________________________________
c. _______________________________________________________________
d. _______________________________________________________________
Cartoon 13
a._______________________________________________________________
b. _______________________________________________________________
c. _______________________________________________________________
d. _______________________________________________________________