Isabella Carter
Franklin D. Roosevelt's unprecedented decision to seek a third term as president, and his eventual election to an unprecedented four terms in a row, led to concerns that he was ignoring the constitution. This concern was exacerbated by his attempts to reform the federal court system, including appointing additional justices to the Supreme Court, in what became known as the court-packing proposal. Roosevelt's actions were seen as a threat to democracy and an attempt to subvert potential constitutional challenges to his power. This resulted in the creation and ratification of the 22nd Amendment to the Constitution, limiting presidents to two terms.
| Characteristics | Values |
|---|---|
| Running for a third term | Roosevelt won a third term in 1940 and a fourth in 1944 |
| "Packing" the Supreme Court | FDR wanted to appoint 6 additional justices to the Supreme Court |
| Destroying the independence of the judiciary | FDR's supporters argued that a few judges were able to ignore the popular will and destroy vital programs |
| Going against the popular will | FDR's supporters argued that a few judges were able to ignore the popular will and destroy vital programs |
| Creating an evil precedent | Opponents warned that FDR would create an evil precedent for successors who wished to "pack" the court |
| Subverting constitutional challenges | FDR's attempt to reform the federal court system was seen as a way to subvert potential constitutional challenges to his power |
| Manipulating politics | FDR was able to manipulate the politics of his time, even dissembling and lying, because "the people" did not disagree |
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What You'll Learn
- FDR's third-term election win in 1940 broke a two-term precedent
- His attempt to pack the Supreme Court with six new justices
- FDR's plan for industrial recovery was deemed unconstitutional
- The Supreme Court's rulings against New Deal programs
- FDR's supporters believed a few judges would destroy welfare programs
FDR's third-term election win in 1940 broke a two-term precedent
Franklin D. Roosevelt's third-term election win in 1940 broke a two-term precedent set by George Washington in 1796. Washington, the first president, declined to run for a third term, establishing a convention that no president had challenged until Franklin D. Roosevelt. Roosevelt's decision to seek reelection sparked controversy, with critics arguing that a long-term presidency posed a threat to democracy.
In 1944, Republican candidate Thomas Dewey spoke out against Roosevelt's potential 16-year term, stating that it was "the most dangerous threat to our freedom ever proposed". The concept of a president serving more than two terms was so concerning that it led to the creation and ratification of the 22nd Amendment in 1951. This amendment explicitly limited presidents to two terms and prevented a repeat of Roosevelt's unprecedented third term.
Roosevelt's decision to break with precedent was influenced by the looming entry of the United States into World War II. He believed that his leadership was necessary to guide the country through the challenging times ahead. However, his attempt to secure a third term also sparked concerns about the potential abuse of power. Some saw Roosevelt's move as an attempt to consolidate power and subvert constitutional challenges to his authority.
The controversy surrounding Roosevelt's third term was further exacerbated by his clash with the Supreme Court. Roosevelt sought to "'pack'" the court by appointing additional justices who supported his agenda. This move was seen as a threat to the independence of the judiciary and sparked intense political debate. While Roosevelt was unsuccessful in his court-packing plan, his actions had a lasting impact on the perception of the presidency and the role of the Supreme Court in American politics.
The debate surrounding Roosevelt's third term highlighted the complexities of constitutional statesmanship and the tension between popular will and constitutional constraints. Roosevelt's actions prompted discussions about the limits of presidential power and the importance of checks and balances in the American political system. His unprecedented third term challenged established norms and sparked a national conversation about the appropriate role of the president within the constitutional framework.
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His attempt to pack the Supreme Court with six new justices
Franklin D. Roosevelt's attempt to expand the Supreme Court by adding six new justices, commonly referred to as the "court-packing plan", was largely seen as a political manoeuvre to change the court for favourable rulings on his New Deal legislation. This legislation included acts such as the National Recovery Administration and the Agricultural Adjustment Act, which had been struck down by unanimous and near-unanimous votes. Roosevelt's frustration with these rulings led him to propose the Judicial Procedures Reform Bill of 1937, which would allow him to appoint additional justices for every sitting justice over the age of 70, with a minimum of 10 years of service. This plan was met with instant opposition, with critics arguing that it was an undemocratic power grab and an invasion of judicial independence.
The Supreme Court justices themselves went public with their opposition, with Chief Justice Charles Evans Hughes testifying before Congress that the Court was up to date with its work and did not need additional justices. Despite Roosevelt's landslide election victory in 1936, his court-packing plan faced resistance from both his party members and the public. It was seen as a threat to the independence of the judiciary and a dangerous precedent for future presidents.
The plan was drafted by Roosevelt's attorney general, Homer Cummings, and proposed to grant the president the power to nominate additional judges, effectively doubling the size of the court. This proposal was not without historical precedent, as Congress had previously changed the number of justices on the Supreme Court six times. However, Roosevelt's attempt was unique in its scale and intent to subvert potential constitutional challenges to his power.
While the court-packing plan never came to a vote in Congress, it generated intense debate and criticism. The Senate Judiciary Committee, dominated by Democrats, issued a report recommending against the president's proposal, calling it "an invasion of judicial power such as has never before been attempted in this Country." Despite Roosevelt's efforts, the plan ultimately failed, and the Supreme Court's independence remained intact.
It is important to note that Roosevelt did eventually appoint new justices to the Supreme Court through attrition and vacancies. This resulted in a shift in the court's composition, with justices voting to uphold Roosevelt's New Deal legislation, an event known as "the switch in time that saved nine."
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FDR's plan for industrial recovery was deemed unconstitutional
Franklin D. Roosevelt's (FDR) plan for industrial recovery, as part of his New Deal, was deemed unconstitutional by the Supreme Court in 1935. This was a unanimous decision by the nine sitting judges, who were dubbed the "nine old men" due to their advanced age. The ruling stated that the National Industrial Recovery Act (NIRA), a key component of FDR's New Deal aimed at lifting the country out of the Great Depression, was unconstitutional.
FDR's New Deal was a series of economic programs designed to help the country recover from the Great Depression. The NIRA, in particular, sought to protect workers' rights and boost economic recovery by allowing industries to collude in setting prices and production levels. However, this collusion was seen as a violation of anti-trust laws, which were in place to prevent monopolies and protect free market competition.
The Supreme Court's ruling against the NIRA was not an isolated incident. During this period, the Supreme Court, which was dominated by conservative justices appointed by previous Republican presidents, consistently struck down many of FDR's New Deal programs. This included rulings against the Agricultural Adjustment Act, which was intended to help farmers, and the National Labor Relations Act, which protected workers' rights to unionize.
FDR's response to these rulings was to propose a "court-packing" plan, which would have allowed him to appoint additional justices to the Supreme Court, thereby diluting the power of the existing justices and potentially shifting the court's ideological balance. This proposal was highly controversial and was seen as an attempt to undermine the independence of the judiciary.
The conflict between FDR and the Supreme Court had significant consequences. On the one hand, it led to what historians call "the constitutional revolution of 1937", which legitimized an expanded exercise of powers by the national and state governments. On the other hand, it raised important questions about the balance of power between the branches of government and the role of the judiciary in interpreting the Constitution. FDR's actions also contributed to the passage of the 22nd Amendment, which limited presidents to two terms, as there was concern that his prolonged time in office was a threat to democracy and could lead to an excessive concentration of power.
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The Supreme Court's rulings against New Deal programs
Franklin D. Roosevelt's New Deal faced several setbacks due to the rulings of the Supreme Court. The Supreme Court justices Pierce Butler, James McReynolds, George Sutherland, and Willis Van Devanter were referred to as "the Four Horsemen" in the press, as they voted to invalidate most of the New Deal. In 1935, Owen Roberts, a Hoover-appointee, also started voting with them, creating a conservative majority.
The Supreme Court struck down significant acts of Congress, including the National Recovery Administration (NRA) and the Agricultural Adjustment Act (AAA), which were considered the foundation stones of Roosevelt's program. The court ruled that the AAA was unconstitutional, as it used Congress's taxing and spending power to regulate activity not in interstate commerce. The Bituminous Coal Conservation Act of 1935, which aimed to regulate the coal industry, was also ruled unconstitutional by the court, dealing another blow to Roosevelt's industrial recovery plan.
The Supreme Court also ruled against Roosevelt in three cases on May 27, 1935, known as Black Monday. The court unanimously decided against the president, setting criteria for respecting due process and property rights and defining the delegation of legislative powers to the president. The court's rulings during this period were a significant setback for Roosevelt's New Deal programs and led to concerns about the invalidation of other key legislation.
In response to these rulings, Roosevelt considered ways to ensure a more favorable response from the Supreme Court. He kept his plans quiet, even from his cabinet and Congressional leaders. Roosevelt's administration faced another setback when the Supreme Court ruled the 1934 Municipal Bankruptcy Act (Sumners-Wilcox Bill) unconstitutional in 1936. The court found that the law violated the Tenth Amendment rights of state sovereignty.
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FDR's supporters believed a few judges would destroy welfare programs
During the Great Depression, President Franklin D. Roosevelt pushed through a series of programs to manage a capitalist system and make it work for the average American. However, starting in May 1935, the Supreme Court, led by four conservative justices nicknamed the "Four Horsemen", began to strike down a number of Roosevelt's New Deal laws. Over the next 13 months, the court struck down more pieces of legislation than at any other time in US history.
In response, Roosevelt introduced a plan to expand the Supreme Court to gain favorable votes. The Judicial Procedures Reform Bill of 1937, commonly referred to as the "court-packing plan", was Roosevelt's attempt to appoint up to six additional justices to the Supreme Court for every justice older than 70 years who had served for more than ten years. Roosevelt's supporters believed that if he lost, a few judges appointed for life would be able to ignore the popular will, destroy programs vital to the welfare of the people, and deny the president and Congress powers exercised by every other government in the world.
Roosevelt's opponents, however, accused him of mimicking Hitler, Mussolini, and Stalin by seeking to concentrate power in his own hands. They believed that Roosevelt's plan would destroy the independence of the judiciary and create an evil precedent for successors who wished to "pack" the court.
The court-packing plan was ultimately defeated by a crafty Chief Justice and Roosevelt's own party members. Despite this, Roosevelt claimed that he had won the war, as he had staved off the expected invalidation of the Social Security Act and other laws. The switch in the court resulted in what historians call "the constitutional revolution of 1937", which legitimized a greatly expanded exercise of powers by both the national and state governments.
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Frequently asked questions
FDR wanted to reform the federal court system because he believed that the Supreme Court justices were locked into a view of the Constitution that did not take into account the economic crisis facing the nation. He also wanted to prevent the Supreme Court from overturning his New Deal legislation, which included the Social Security Act and the National Labor Relations Act.
FDR proposed a "court-packing" scheme, which would have allowed him to appoint six additional justices to the Supreme Court. This proposal was widely criticized as an attempt to "pack" the court with judges who would do his bidding.
FDR's attempt to reform the federal court system ultimately failed. While he did not succeed in appointing additional justices to the Supreme Court, he was able to stave off the expected invalidation of the Social Security Act and other laws. The conflict between FDR and the Supreme Court resulted in what historians call "the constitutional revolution of 1937", which legitimized an expanded exercise of powers by national and state governments.
FDR's attempt to reform the federal court system had a significant impact on the Supreme Court. It raised concerns about the independence of the judiciary and the potential for presidents to "pack" the court. It also led to discussions about term limits for presidents and the creation of the 22nd Amendment, which limits presidents to two terms.
