Franklin Roosevelt Tries to Stack the Supreme Court
Return to Dick's Guides or the time that Roosevelt spoke with the founder of Keynesian Economics
With a large 1936 victory, nothing seemed to stand in the way of FDR's march to his inventive future, except nine old men on the Supreme Court, or more correctly, six old men. Lousie Brandeis, Benjamin N. Cardozza and Harlan Fiske Stone were with Roosevelt and his experimental New Deals (Or, to remember this, you can think of Roosevelt Brand(ies)ing his blue Card(ozza) with a Stone). But, he also had two members who would not blindly accept his desires, in Charles Even Hughes and Owen J. Roberts (Or, to remember this, you can think of Roosevelt 's Hu(h)ge spending looking occasionally like Robberyet). But Roosevelts biggest nemesis were James C. McReynolds, Willis Van Devanter, Pierce Bulter and George Sutherland (who would not allow Roosevelt's disadventures (Willis Van Devanter) to pierce with a bullet (Peacre Bulter) the entire Southland (George Sutherland) that Reynolds foil ( James C. McReynolds) would soon cover). Garraty admits that much of the New Deal legislation was pushed through by short term sighted firends of Roosevelt who had little worries about longer range principle's such as rule by law -- especially the nation's highest law in its Constitution.
The Shecter decision had been unanimous, indicating that even Roosevelts friends in the court could not stomach the NIRA's support of corporate monopolistic powers. The court also prohibited several laws about minimum wages including the federal Guffey-Snyder Act (minimu wages for coal workers) and one in New York.
Roosevelt demanded to squash those who opposed his desire to enlarge the police powers of his benevolent and loving federal government. He concocted a plan that would allow him to add new Supreme Court judges willy-nilly. If the nine on the court disagreed with him, he'd go out and get another ten to outvote them! This idea did not satisfy many, including his pal Brandeis. Garraty says Roosevelt yielded in July 1937. (If you can't think of any reasons why Roosevelt's proposal should have been dropped, drop us a note at Customer Questions and Services.)
The lawyers on the court, however, faced with a threat to their power base, did become more accepting of Roosevelt-like ideas and acquiesced to other minimum wage laws, and Roosevelt's desires in challenges made to the court concerning Wagner Act and the Social Security Act.
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