Roosevelt's opposition from Supreme Court

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Supreme Court

  • Judicary Arms of US Gov.
  • 'Watch Dog' of US Constitution
  • 'Checks & Balances' Gov.

(maintained to keep all powers equal)

  • HIghest court of appeal for all State Federal law cases

(highly respected)

  • Can declare laws as unconstitutional
  • 9 judges

nominated by President & agreed by Senate

Made up of Judges from different parties to President

  • Stay in office
  • Until die or impeached
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Reasons for Supreme Court opposing the New Deal

  • Imperial Presidency

President too powerful

In 140 years before 1935 Supreme Court had found 60 unconstitutional laws

First 18 months of New Deal, Supreme Court found 11 acts unconstitutional

  • Sate Rights

(State Rights) Federal Gov. becoming too powerful at expense of state Gov. 

President too powerful

  • Four Hoursemen of the opocalypse

The four most dominated Judges 1933 (Conservative)

Difficult to get policies through

'Biblical Reference' 4 things that will end the world

  • Laissez-fair
  • Republican 1861-1933

16 years of Democratic years

Republican ascendancy 1921-1933

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1935: Schechter (Sick Chicken) Case

  • Schechter brothers poultry corporation

New York- Brooklyn

  • NRA states selling bad chickens, not checking chickens, NRA wanyted to do something about that
  • Supreme Court states NRA was acting unconstitutional as Schechter's selling them Intra-states (Only selling in state situated-- New York)
  • New York sate Gov. Should deal with this, NOT NRA
  • About 'Sates Rights'
  • Legality/ intra-state commerce

(http://ts4.mm.bing.net/th?id=H.4682799558887215&pid=15.1)

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1936: Butler Case

  • Butler the Cotton Farmer 
  • Complained about tax from the AAA, was not happy paying to kill piglets

Supreme Court deemed AAA was acting unconstitutional as they are

Ilegally expecting food processor bisiness's to pay for farmers to produce less

  • Supreme Court deemed AAA unconsitutional & NRA
  • Many more may follow

Roosevelt New Deal threatened, Due to landslide victory, FDR decides to take on Supreme Court

Violation of 10th Amendment

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Court Packing

Roosevelt takes on the Supreme Court

  • Felt Supreme Court were acting unfairly by blocking his legislation
  • Concerned about 2nd New Deal & it's opposition particularly SSA
  • Suspicious Supreme Court making these descision out of Republican political views
  • Felt it was unfair they were sticking to old laissez-fair in New World
  • Thinks it's wrong that during Great Crisis, not helping the way they should

Boost & encouragement from 1936 landslide against Landon fueled Court Packing

Goes against 'The 9 Old men' 'average age 71'

Presenting to Congress a bill called the 'Court Re0organisation Plan' 1937

Rationale to the American People

'9 Judges not enough, making it more effecient'

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Consequences of Court Packing

X-- Take llonger to agree on discisions made not  quicker

X-- The oldest member was most liberal. Showing not quicker

\|-- Supreme court can make independent discisions otherwise constitution will breakdown

  • However FDR may aim to change Congress next 
  • Most likley his main reasopn was to be able to pass 2nd New Deal using an underlying meaning
  • NEVER discussed Court Packing with his won party

Potential Dictatorship

Supreme Court Origionate from Constitute of 1780's

  • 3rd New deal never really happened
  • FDR lost some of his reputation
  • Pace of reform slowed while fighting Supreme Court
  • Democrayic party divided
  • Roosevelt stil elected 1940
  • Court revered sick Chicken case in 1937
  • Several Judges retired & Supreme Court became more Liberal
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