To pack the Court with liberal justices

Oct 13, 2025 by wbrum.org 66 views

The Judiciary Act of 1937: Understanding Franklin D. Roosevelt's Proposal to Expand the Supreme Court

In 1937, President Franklin D. Roosevelt proposed a significant change to the United States Supreme Court, which would have far-reaching implications for the country's judicial system. The proposal, known as the Judiciary Act of 1937, aimed to add up to six new justices to the Supreme Court, bringing the total number of justices to 15. This move was met with fierce opposition from the judiciary and the public, and it ultimately failed to pass. But why did Roosevelt propose this drastic change? In this article, we will delve into the reasons behind Roosevelt's proposal and explore the context in which it was made.

In the early 1930s, the United States was in the midst of the Great Depression. Millions of Americans were out of work, and the economy was in shambles. In response to this crisis, President Roosevelt introduced a series of policies and programs known as the New Deal, which aimed to provide relief, recovery, and reform to those affected by the Depression. The New Deal included a range of initiatives, from infrastructure projects and job creation programs to social welfare programs and financial reforms.

However, the Supreme Court was not supportive of the New Deal. In a series of decisions, the Court struck down key provisions of Roosevelt's programs, citing concerns about the Constitution and the limits of federal power. The most notable of these decisions was the 1935 case of Schechter Poultry Corp. v. United States, which invalidated a key provision of the National Industrial Recovery Act. This decision was seen as a major setback for the New Deal, and it sparked a fierce debate about the role of the judiciary in American politics.

In response to the Supreme Court's decisions, Roosevelt proposed the Judiciary Act of 1937, which would have added up to six new justices to the Court. The President argued that the Court was not functioning properly and that the addition of new justices would help to "relieve the Court's docket" and "speed up the administration of justice." However, many saw the proposal as a thinly veiled attempt to pack the Court with liberal justices who would be more sympathetic to the New Deal.

Roosevelt's proposal was met with fierce opposition from the judiciary and the public. The American Bar Association, the National Lawyers Guild, and other organizations spoke out against the proposal, arguing that it would undermine the independence of the judiciary and create a "rubber stamp" Court. The proposal also sparked a heated debate in Congress, with many lawmakers expressing concerns about the potential consequences of such a drastic change.

So why did Roosevelt propose the Judiciary Act of 1937? There are several reasons that have been cited by historians and scholars:

To pack the Court with liberal justices: Roosevelt believed that the Supreme Court was not functioning properly and that the addition of new justices would help to create a more liberal Court that would be more sympathetic to the New Deal.
To speed up the administration of justice: Roosevelt argued that the Court's docket was backed up and that the addition of new justices would help to speed up the administration of justice.
To relieve the Court's docket: Roosevelt believed that the Court was not functioning properly and that the addition of new justices would help to relieve the Court's docket.

However, many historians and scholars have argued that Roosevelt's proposal was motivated by a desire to pack the Court with liberal justices who would be more sympathetic to the New Deal. This argument is based on the fact that Roosevelt's proposal was made in the context of a heated debate about the role of the judiciary in American politics, and that the President was seeking to create a more liberal Court that would be more supportive of his policies.

The Judiciary Act of 1937 ultimately failed to pass, and Roosevelt's proposal was met with fierce opposition from the judiciary and the public. The proposal was seen as a threat to the independence of the judiciary and the rule of law, and it sparked a heated debate about the role of the judiciary in American politics.

In the end, Roosevelt's proposal was defeated, and the Supreme Court continued to function as it had before. However, the proposal had a lasting impact on the Court and the country's judicial system. It marked a turning point in the relationship between the President and the judiciary, and it highlighted the importance of the judiciary in American politics.

In conclusion, the Judiciary Act of 1937 was a significant proposal made by President Franklin D. Roosevelt in 1937. The proposal aimed to add up to six new justices to the Supreme Court, bringing the total number of justices to 15. However, the proposal was met with fierce opposition from the judiciary and the public, and it ultimately failed to pass. The motivations behind Roosevelt's proposal are still debated among historians and scholars, but it is clear that the proposal marked a turning point in the relationship between the President and the judiciary, and it highlighted the importance of the judiciary in American politics.
Q&A: The Judiciary Act of 1937

The Judiciary Act of 1937 was a significant proposal made by President Franklin D. Roosevelt in 1937. The proposal aimed to add up to six new justices to the Supreme Court, bringing the total number of justices to 15. However, the proposal was met with fierce opposition from the judiciary and the public, and it ultimately failed to pass. In this Q&A article, we will answer some of the most frequently asked questions about the Judiciary Act of 1937.

A: The main purpose of the Judiciary Act of 1937 was to add up to six new justices to the Supreme Court, bringing the total number of justices to 15. Roosevelt believed that the Court was not functioning properly and that the addition of new justices would help to create a more liberal Court that would be more sympathetic to the New Deal.

A: Roosevelt proposed the Judiciary Act of 1937 in response to the Supreme Court's decisions that struck down key provisions of the New Deal. He believed that the Court was not functioning properly and that the addition of new justices would help to speed up the administration of justice and relieve the Court's docket.

A: The proposal was met with fierce opposition from the judiciary and the public. The American Bar Association, the National Lawyers Guild, and other organizations spoke out against the proposal, arguing that it would undermine the independence of the judiciary and create a "rubber stamp" Court. The proposal also sparked a heated debate in Congress, with many lawmakers expressing concerns about the potential consequences of such a drastic change.

A: The proposal ultimately failed to pass because of the fierce opposition from the judiciary and the public. Many lawmakers were concerned about the potential consequences of such a drastic change, and they were also worried about the impact on the independence of the judiciary.

A: The proposal marked a turning point in the relationship between the President and the judiciary. It highlighted the importance of the judiciary in American politics and the need for the President and the judiciary to work together to ensure the proper functioning of the government.

A: We can learn several things from the Judiciary Act of 1937. First, the proposal highlights the importance of the judiciary in American politics and the need for the President and the judiciary to work together to ensure the proper functioning of the government. Second, the proposal shows that even the most well-intentioned proposals can have unintended consequences and that it is essential to carefully consider the potential impact of such proposals before they are implemented.

A: Some of the key takeaways from the Judiciary Act of 1937 include:

The importance of the judiciary in American politics
The need for the President and the judiciary to work together to ensure the proper functioning of the government
The potential consequences of drastic changes to the judicial system
The importance of carefully considering the potential impact of proposals before they are implemented

In conclusion, the Judiciary Act of 1937 was a significant proposal made by President Franklin D. Roosevelt in 1937. The proposal aimed to add up to six new justices to the Supreme Court, bringing the total number of justices to 15. However, the proposal was met with fierce opposition from the judiciary and the public, and it ultimately failed to pass. We hope that this Q&A article has provided you with a better understanding of the Judiciary Act of 1937 and its significance in American history.