FDR's Plan to "Pack" the Supreme Court “A New Way to Earn A Majority!” FDR's Plan to "Pack" the Supreme Court

FDR’s New Deal for America

FDR: The “Hands On” President In 1937, FDR had just won his 1st re-election bid to remain as president. He saw this as a “sign” that the American people supported him in his quest to end the Great Depression- even if he had to expand the powers of the presidency to do so.

FDR Loses Battle over NIRA The Supreme Court ruled against one of FDR’s major programs: NIRA (National Industrial Recovery Act). They also split over the AAA (Agricultural Adjustment Act). FDR was furious, as he had won his re-election with the greatest landslide since George Washington!

Supreme Court: There are Limits to the President’s Power! Basically, the Supreme Court fell into 3 groups: 3 justices always supported FDR 4 justices usually voted against FDR 2 justices (including the Chief Justice) were the “swing votes”. FDR called them: “The Nine Old Men!”

Key Issue: Does One Branch of Government “Check” the Power of Another Branch? After the Supreme Court continued to declare his actions constitutional, FDR needed a plan to overturn the Supreme Court- as justices serve for life on the Supreme Court! FDR came up with a mathematical solution!

9 + 6 = 15 Justices Since justices serve for life, FDR was concerned about how long the 9 justices would be on the court. However, if FDR expanded the court and appointed6 new justices (who would support him), they could join with his loyal 3 old judges to form a new majority of 8 of 15 (rather than 5 of 9) FDR wanted to expand the # of justices so he could create a new majority for himself!

Congress Opposes Additions! At this point, even strong supporters of FDR felt like he was going too far. The U.S. Constitution stated specifically the # of judges. It also said that the President chose replacements of justices who retired or died, But the Senate had to approve them!

Time Heals All Wounds… FDR withdrew his plan when he faced so much opposition! Ironically, he soon got to choose 9 justices during his presidency, so many programs were eventually passed. FYI: FDR’s 9 appointments to the Supreme Court are a record!

Why was the prevention of FDR’s Court-Packing Plan a Good Thing? This was a victory for the U.S. Constitution, as its “separation of powers” and “checks & balances” were able to keep a very popular president from overstepping his powers. Democracy does work!

The Captain of the “New Deal”

FDR Memorial in D.C.