Napolitano 3 in 1 by Andrew Napolitano

Author:Andrew Napolitano
Language: eng
Format: epub
Tags: ebook, book
Publisher: Thomas Nelson
Published: 2010-09-10T00:00:00+00:00

FDR’S DIRTY POLITICAL TRICK

To ensure that the Court would continue in the vein of Nebbia and fall in line with the political demands of the times, Roosevelt and his attorney general concocted a plan that would dramatically alter the course of his presidency, and the nation’s history.1

The president proposed increasing the number of justices on the Supreme Court and in the federal judiciary. Roosevelt’s initial plan would have allowed him to appoint a new justice if a sitting one continued to serve beyond six months after his seventieth birthday. This would have allowed him to add up to six justices to the Supreme Court for a total of fifteen, as well as forty-four judges to the federal trial and appellate courts.

The plan became the most contentious national issue since the Civil War, and it was by far the most significant challenge to judicial authority since the Marshall era. It drew intense opposition, even from supporters of the New Deal programs, because it was a threat to the independence of the judiciary and to the Constitution itself.

In the midst of congressional, editorial, and public reaction to the “court packing” plan, and perhaps as a result of it, the year 1937 saw cases involving both substantive due process and the scope of the Congress’s commerce power that brought about a new era of the federal government’s paternalism and a massive expansion of federal government power that saddles and socializes Americans to this day.

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