Why did President Roosevelt's court packing plan fail?

Answer 1

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.

Answer 2

Yes and no. Roosevelt's attempt to change the composition of the Supreme Court was unconstitutional, but his strategy was ultimately effective (despite not being implemented).

Explanation

President Roosevelt's court-packing plan, part of the proposed Judiciary Reorganization Bill of 1937, was undoubtedly justified in his mind, because the Supreme Court overturned six of eight original New Deal programs as unconstitutional, creating obstacles to the success of the President's economic recovery plan. Roosevelt hoped adding new justices to the Court would dilute the effect of the older justices and result in more favorable rulings on his policies.

Constitutionally, Roosevelt's proposed reorganization, which would add one new justice for each seated justice over the age of 70.5, up to a maximum of six new justices (coincidentally, the exact number of justices within the targeted age range), was a violation of the separation of powers.

The Constitution only authorizes Congress to change the structure and composition of the Supreme Court, but Roosevelt attempted an end-run around the system of checks and balances by presenting Congress with legislation he'd drafted himself. Congress immediately sent the bill to the Senate Judiciary Committee, which stripped the court-packing provisions from the draft legislation, and eventually rejected the entire bill by a vote of 70-20.

Most of the Supreme Court rulings that frustrated Roosevelt were valid, and often involved misuse of the interstate commerce clause and unfair trade practices. Congress was able to reinstate some of the programs by rewriting their legislation to conform with constitutional mandates.

Roosevelt's plan would not have been justified, had it succeeded; however, the plan may well have been justified in the effect of the message sent to the Supreme Court. Shortly after the President's plan was rejected, the Supreme Court adopted a more cooperative attitude toward the New Deal, and applied different constitutional interpretations to support Congress.

Roosevelt's challenge of the Supreme Court also prompted the resignation or retirement of eight of its members between 1937 and 1943, allowing the President to replace conservative justices with more progressive thinkers. Not only did this help promote New Deal policy, it also laid the foundation for the Supreme Court's progress toward achieving civil rights goals.

For more information, see Related Questions, below.

Answer 3

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.

Answer 4

It gave too much power to the executive branch