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What was some criticism of FDR court packing plan?

Updated: 8/21/2019
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Q: What was some criticism of FDR court packing plan?
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How was Roosevelt's court-packing plan received by Congress and the American public?

Most people hated Roosevelt's scheme and were dismayed that he would plan to take such action against their beloved Supreme Court. As a result, Roosevelt lost some of the public's trust (although not enough to prevent him from winning the next election) and damaged his credibility. Congress recognized Roosevelt's ploy as dangerous to the integrity of the Constitution, and revealed the President to be both secretive and vindictive. The Judiciary Reorganization Act of 1937 became a public scandal, subjecting Roosevelt to criticism and some degree of ridicule. The plan also created a rift within the Democratic party between those who supported the Bill and those who didn't.


Why did many people oppose Franklin Delano Roosevelt's count-packing plan?

Many people opposed Franklin Delano Roosevelt's court-packing plan because they saw it as an attempt to undermine the separation of powers and exert too much control over the judiciary. Critics argued that it would upset the balance of power and erode the independence of the Supreme Court. Additionally, some viewed it as a power grab by Roosevelt to reshape the court and ensure his New Deal policies would not be struck down as unconstitutional.


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Why did President Roosevelt's court packing plan fail?

President Franklin D. Roosevelt's proposed legislation failed when the Senate voted 70-20 to return the bill to the Judiciary Committee with explicit instructions to strip it of its court-packing provisions. On the other hand, although Congress prevented the President from breaching his constitutional authority and making radical changes to the composition of the Court, his attempt at court-packing sent a message to the Supreme Court that resulted in their support of more New Deal policies, as well as the resignation or retirement of eight of the nine justices between 1937 and 1943, ultimately allowing Roosevelt to build the progressive Court he desired. For more information, see Related Questions, below.


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If you are packing a box to ship, take into consideration what you're packing. Some items, such as glass and delicate items will need to be wrapped in something like bubble wrap to prevent breakage.


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Why did FDR want to add more justices to the Supreme Court?

President Roosevelt wanted to prevent the Supreme Court from overturning more New Deal legislation.In 1933, the Supreme Court began to declare some of the New Deal measures favored by FDR as unconstitutional. He considered the Court a threat to his economic program, which he believed would pull the US out of the Great Depression by increasing employment and stabilizing prices.He proposed a scheme to save his reforms by packing the Court with additional justices who would support him. A constitutional amendment would take too long so FDR had his Attorney-General draw up a plan where the President would appoint a new justice for every sitting justice who was over the age of 70.5, up to 6 more justices. Congress refused to pass this bill, but the Supreme Court began to take on a new appearance. Justices began to retire and by the time FDR died, 8 of the 9 justices were his appointment.AnswerHe was hoping to appoint justices that would uphold the Constitutionality of some of his more controversial decisions and support his New Deal legislation.However, the citizens of the United States have a very special regard for the sanctity of the Supreme Court, and the scheme failed. Even members of FDR's own party did not back him on this issue; he was seen as dictatorial. In truth, while the Supreme Court could legally be expanded, it could not practically be done without the consent of Congress.For more information, see Related Questions, below.


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