Crisis and Command: A History of Executive Power From George Washington to George W. Bush by John Yoo

Author:John Yoo
Language: eng
Format: mobi, epub
Tags: American Government, Non-Fiction, American, USA, History
ISBN: 9781607145554
Publisher: Kaplan Publishing
Published: 2009-09-15T04:00:00+00:00

Roosevelt recognized early on that his program risked antagonizing the federal courts, which were filled with Republican judges.19He could count on the opposition of Justices James McReynolds, Willis Van Devanter, George Sutherland, and Pierce Butler, known as "The Four Horsemen" for their skepticism toward government regulation of the economy and their defense of individual economic rights. But FDR believed he could expect the general support of progressive Justices Louis Brandeis, Harlan Fiske Stone, and Benjamin Cardozo. Chief Justice Charles Evans Hughes and Justice Owen Roberts held the swing votes. FDR hoped that the Court would grant the political branches more constitutional leeway to respond to the national crisis of the Great Depression. In previous national security emergencies, the courts had allowed the federal government to mobilize the economy with little objection. FDR had reason for his hopes in early 1934, after 5-4 majorities of the Court upheld state laws setting milk prices and delaying mortgage payments.20

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