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FDR'S COURT-PACKING PLAN

President Fmnklin Roosevelt's effort in 1937 to increase the number of justices on the U.S. Supreme Court, known as the "Court-Packing Plan," was a highly controversial attempt to save New Deal programs from the hostile action of the conservative Court that had struck down major elements of the presidents program. Efforts to clip the wings of the Court were nothing new. Over the decades, Congress had changed the membership from five to six in 1801, to nine in 1837, to ten in 1863, and to seven in 1866. Since 1879, the number has been nine. By 1937, six of the justices were over seventy years old. Roosevelt's plan would give the president authority to appoint a new justice for every one on the bench who reached the age of seventy and refused to retire. Congress, however, saw the plan as an attempt to destroy the independence of the judiciary and upset the balance of powers. Seen within the context of contemporary events in Europe, where dictators were warping democratic constitutions to give themselves extraordinary powers, the American public was alerted to this scheme. Then, some three months after Congress received the proposal, the Court reversed itself and supported important New Deal legislation, thought of as "the stitch in time that saved nine." In addition, one of the most conservative justices, Justice Willis VanDevanter, resigned just as Congress refused to pass the bill. The proposal is thought of as the most serious miscalculation—indeed an egregious blunder—of Roosevelt's long political career.

 


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TITLE: Law and Legal Services at CitiMall.com Online Shopping Mall

Law Category: Prepaid Legal Services, Law , Legal, Attorney, Advice, Firm, Search, Attorneys, Lawyers, Power of Attorney, Durable, Forms

Shopping Mall: Law and Legal Services get attorney advice, search, law firm, legal law advice Forms, law, power of attorney, Legal service, Free legal Forms, legal advice, legal, aid, legal document, prepaid legal, help, information

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