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FDR proposed a plan to add a new justice for a Supreme Court Justice over 70 years of age and increase the size of the Court up to 15. This would give the President the power to "pack the court" with justices who would support the New Deal. Reaction in both Congress and the nation at large was hostile. FDR's plan was considered to be tampering with the Constitution and the separation of powers. FDR backed down and the Supreme Court actually approved several key New Deal enactment's. Since many on the Court were old, FDR ended up appointing eight new Justices before he died.

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