"TO SAVE THE CONSTITUTION FROM THE SUPREME COURT"

FDR ANNOUNCES "COURT-PACKING" PLAN

Washington, D.C. (JFK+50) On February 5, 1937, President Franklin D. Roosevelt announced a plan to increase the number of justices on the United States Supreme Court from nine to as many as fifteen.  The President's proposal came after several of his New Deal programs were deemed unconstitutional by the high court.

The Judicial Procedures Reform Act of 1937 was to be held up in the Senate Judiciary Committee by Democratic chairman Henry F. Ashurst* for 165 days.  

FDR wanted full retirement for justices over 70 years of age and if any refused to step down, they would be replaced by an 'assistant.'

In a "Fireside Chat," the President said the reform act was needed "to save the Constitution from the Court and the Court from itself."

Although the JPR Act was defeated soundly in the Senate, by 1942 only two Supreme Court justices were not FDR appointees.

JFK+50 NOTE

The original U.S. Supreme Court of 1789 had six justices.  By the Judiciary Act of 1869, the number was increased and set at nine.

*Henry Fountain Ashurst (1874-1941) was born (in a covered wagon, no less) near Winnemucca, Nevada & graduated from the University of Michigan School of Law.  HFA served in the U.S. Senate (D-Arizona) 1912-1941.

SOURCE

"FDR announces 'court packing' plan," This Day In History, February 5, www.history.com/

Henry Fountain Ashurst

Bain News Service Photo

Library of Congress

  

"ONE OF THE STRANGER CHAPTERS IN CONSTITUTIONAL HISTORY"

FDR PROPOSES TO REFORM COURT

Washington, D.C. (JFK+50)  ) On February 5, 1937, President Franklin D. Roosevelt announced proposals to Congress known as the Judicial Procedures Reform Bill.  The plan called for the POTUS to appoint one new, younger judge for each federal judge with 10 years of service who did not retire or resign within 6 months after reaching the age of 70. 

The President would be able to appoint no more than 6 Supreme Court Judges and no more than 2 to any lower federal court.  The Supreme Court itself could be increased to as many as 15 judges.

FDR's proposals followed invalidation of some New Deal legislation by the High Court.  In 1935, the Court had struck down a provision of the National Industrial Recovery Act (NIRA) and invalidated the Railroad Retirement Act.

FDR spoke to the American people saying the Court was..."reading into the Constitution words and implications which are not there,  (and called for) ...action to save the Constitution from the Court and the Court from itself."

Despite FDR's popularity, polls showed 46% of Americans were opposed to FDR's plan.  The proposals quickly bogged down in the Senate Judiciary Committee, but soon the Supreme Court reversed direction and supported New Deal legislation in 3 separate cases.

The Senate voted to send FDR's proposals back to committee where it was revised to exclude provisions pertaining to the replacement of federal judges or justices.  The revised bill passed Congress and was signed by the President on August 26, 1937.

FDR had suffered one of the rare defeats of his long presidency.  Richard Menaker calls it "one of the stranger chapters in constitutional history."*

*What FDR did not accomplish by his 'court-packing plan', he achieved by the longevity of his presidency.  In more than 12 years in office (1933-1945), he appointed 8 out of the 9 justices on the Supreme Court.

SOURCES

"FDR's Court-Packing Plan:  A Study in Irony," by Richard G. Menaker, The Gilder Lehrman Institute of American History, www.gilderlehrman.org/

"Judicial Procedures Reform Bill of 1937," en.wikipedia.org/

United States Supreme Court (1932-1937)

US Supreme Court Photo

THIS COURT IS SUPREME

JFK+50:  Volume 7, No. 2207

US SUPREME COURT HELD FIRST MEETING 227 YEARS AGO 

New York City (JFK+50) Two centuries and twenty-seven years ago, February 1, 1790, the United States Supreme Court met for the first time at the Royal Exchange Building on Broad Street here in New York City.

That meeting was quickly adjourned because all the justices were not present. Although the court reconvened on the following day, since there was no cases to consider, it adjourned until September.

The highest federal court of the nation was established by Article III of the United States Constitution (1789) and the number of justices (a chief justice and five associate justices) was set by the Judiciary Act of 1789.  The number was increased to nine in 1837.  In 1937, President Franklin Roosevelt proposed an increase to 15 justices.  This idea, called the "court-packing plan," was ultimately rejected.

The chief justice and associate justices are appointed by the POTUS and confirmed by the U.S. Senate.  To date, 160 justices have been nominated with 124 confirmations*.  Unlike the President, Vice-President and Congressmen & Senators, there are no official qualifications for Justices of the Supreme Court.

One of the reasons a Presidential Supreme Court appointment is so important is that the justices serve for life.  Their terms end only by resignation, retirement, removal by impeachment or death.

The first decision handed down by the Supreme Court came in the case of West v. Barnes (1791) in which the court held that writs of error or appeals must be issued within 10 days by the Supreme Court clerk and not by a lower court.

In the original case former Revolutionary soldier William West was sued by David Barnes for having paid a mortgage with paper currency instead of gold or silver.

The Supreme Court met in Philadelphia from 1791-1800 and in Washington,D.C. from 1801 to the present.  Today's Supreme Court Building opened in 1935.

*President George Washington has the most Supreme Court nominations (11) followed by FDR (9)  Four POTUS had none:  WH Harrison, Z. Taylor, A. Johnson, J. Carter. 


SOURCE

"7 Things You Might Not Know About the US Supreme Court," by Elizabeth Nix, October 8, 2013, www.history.com/

Marbury v Madison Engraving
U.S. Supreme Court Building
Washington, D.C.
Photo by John White (2003)