Lecture Notes: Supreme Court and FDR's Court Packing Plan

Background

1937 Context: President Franklin D. Roosevelt faced opposition from the Supreme Court, particularly the conservative wing known as the "Four Horsemen." They were striking down New Deal laws.
FDR's Proposal: Proposed adding a new justice for each justice over 70, aiming to add loyalists and shift court dynamics.
Outcome:
- Congress overwhelmingly rejected the proposal.
- Led to no subsequent attempts by presidents to increase the number of justices.

Supreme Court's Role: Framers wanted the court to address legal challenges but were vague on specifics.
Judicial Review: Established in 1803, Marbury v. Madison.
Articles in Constitution:
- Article 2: Presidential power to nominate justices, Senate confirms.
- Article 3: Justices serve during "good behavior," receive consistent salary.
Congress' Role: Responsible for specifying court size, as Constitution does not.

Judiciary Act of 1789: Initially set court size to six justices.
Political Influences:
- John Adams reduced it to five; Reversed by Thomas Jefferson.
- 1863: Tenth justice added, reflecting a growing nation.
- Post-Lincoln: Reduced to prevent Andrew Johnson's influence; Set to nine under Ulysses S. Grant.

Resistance: Opposition from justices and Senate Democrats who feared it would undermine the court's legitimacy.
Political Concerns: Fear of Roosevelt's potential unchecked power.
Results: Plan defeated, but led to a shift in judicial voting patterns ("switch in time that saved nine").

Difficulty in Court Packing: Requires significant political support; risk of repetitive expansion.
Term Limits Proposal:
- Suggested 18-year terms with staggered appointments every two years.
- Challenges due to "good behavior" clause interpreted as lifetime tenure.
Current Legislative Proposals: Some Congress members have introduced legislation for term limits, but constitutional doubts remain.
Reform Challenges: Difficulty in changing institutions rooted in the Constitution.

Reform Complexity: No simple mechanism for reform without altering institutional capacity.
Traditional Approach: Wait for natural seat openings rather than statutory reforms.