FDR and the Court Packing Plan -
Judicial Procedures Reform Bill of 1937
Franklin D Roosevelt was the 32nd American President who served in office from
March 4, 1933 to April 12, 1945. One of the important events during
his second term of presidency was the Judicial Procedures
Reform Bill of 1937 known as the "court-packing plan".
Court Packing Plan
Facts for kids
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sheet contains interesting facts and information on Court Packing Plan
for kids.
Facts
about the Court Packing Plan for kids
Court Packing Plan Fact 1:
The innovative New Deal programs
aimed at Relief, Recovery and Reform were extremely
popular with the majority of Americans who were gripped
in the Great Depression.
Court Packing Plan Fact
2: FDR was furious that the Supreme
Court had ruled the
Agricultural Adjustment Act
and the
National
Industrial Recovery Act (NIRA) that had been passed
in 1933 were unconstitutional and that decisions
regarding the validity of the later
Social Security Act of 1935
and the Wagner Act were
also pending judgment by the Supreme Court.
Court Packing Plan Fact
3: In the Judiciary Act of 1869 Congress
had established that the US Supreme Court would consist
of the Chief Justice and eight associate judges. FDR
referred to the justices as "nine old men". At this time
it was the most elderly court in the nation’s history,
with four judges over 70 years old and two judges in
their late 60's. The total ages of justices averaging 71
years .
Court Packing Plan Fact
4: FDR had known that four of the justices, James
McReynolds, George Sutherland, Pierce Butler, and Willis Van
Devanter, referred to as "the Four Horsemen", would vote to
invalidate almost all of the New Deal. In the spring of 1935, a
fifth justice, Hoover-appointee Owen Roberts, began casting his
swing vote with “the Four Horsemen” to create a conservative
majority. Occasionally Chief Justice Charles Evans Hughes was also
in agreement with the majority, conservative justices
Court Packing Plan Fact
5: It seemed likely that the conservative justices
of the Supreme Court would strike down nearly all the major New Deal
programs. FDR worked with Attorney General Homer Cummings, on a plan
to ensure a more favorable response to the New Deal from the Supreme
Court.
Court Packing Plan Fact
6: FDR knew that he was moving into dangerous waters
as the majority of Americans believed the Supreme Court sacrosanct.
The president never mentioned the Supreme Court during his campaign
for reelection.
Court Packing Plan Fact
7: President Roosevelt was re-elected in
a landslide victory and decided to 'flex his muscles' to
curb and change the political balance on the Supreme
Court.
Court Packing Plan Fact
8: President Roosevelt proposed the
Judicial Procedures Reform Bill of 1937, or the
'court-packing plan to Congress on February 5,
1937. The central provision of the bill would have
granted the President power to appoint an additional
Justice to the U.S. Supreme Court, up to a maximum of
six, for every member of the court over the age of 70
years and 6 months. If the bill was passed it would
therefore allow FDR to quickly appoint as many as 6 new
judges.
Continued...
Facts
about the Court Packing Plan for kids
Facts
about the Court Packing Plan for kids
- Judicial Procedures Reform Bill of 1937
The following fact
sheet continues with facts about Court Packing Plan for kids.
Facts
about Court Packing Plan for kids
Court Packing Plan Fact
9: FDR did not want to be seen to attack
the court so he took the approach of capitalizing on the
public’s concern about the ages of the justices and
claiming that they were over burdened with work. .
capitalize on the public’s concern about the ages of
the justices
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Court Packing Plan Fact
10: The bill was the subject of one of
President Roosevelt's
Fireside chats on March 9, 1937.
Court Packing Plan Fact 11:
The plan backfired and was FDR's first serious
political mistake.
Court Packing Plan Fact 12:
The scheme gave the impression that the president
was undermining the court's independence and interfering with the
Constitution's
Separation of Powers. Americans were concerned that the scheme
would give the President too much power
Court Packing Plan Fact 13:
When the Judicial Procedures Reform Bill went to
Congress the scheme lost support and split the Democratic Party.
Southern Democrats expressed concerns that new justices appointed by
future presidents might overturn segregation and oppose civil
rights.
Court Packing Plan Fact 14:
The Supreme Court reacted to criticisms by
maintaining that the reason they struck down so many of the New Deal
programs was not because the court was partisan, but because the
Roosevelt Justice Department was badly unorganized and did not argue
the cases well.
Court Packing Plan Fact 15:
The furor surrounding the scheme appeared to make
the Supreme Court back down possibly due to concerns that further
conflict might lead to a constitutional crisis and the likely
weakening of the judicial branch of government. The
Wagner Act was upheld in April 1937 and the Social Security Act was
declared constitutional in the following month.
Court Packing Plan Fact 16:
Judicial Procedures Reform Bill of 1937 was dropped and
never subject to a Senate Vote. The scheme damage the president's
reputation and encouraged Conservative Democrats in Congress to work
with Republicans to oppose proposals for New Deal programs
Facts
about Court Packing Plan for kids
Court Packing Plan for kids - President Franklin Roosevelt Video
The article on the
Judicial Procedures Reform Bill of 1937 or the Court Packing Plan provides detailed facts and a summary of one of the important events during his presidential term in office. The following
Franklin Roosevelt video will
give you additional important facts and dates about the political events experienced by the 32nd American President whose presidency spanned from March 4, 1933 to April 12, 1945.
Court Packing Plan - 1937 Judicial
Procedures Reform Bill
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Summary of the 1937 Packing Plan in US history
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Packing Plan, important
events of Judicial Procedures Reform Bill
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Franklin Roosevelt
Presidency from March 4, 1933 to April 12, 1945
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