By the author of acclaimed books on the bitter clashes between Jefferson and Chief Justice Marshall on the shaping of the nation’s constitutional future, and between Lincoln and Chief Justice Taney over slavery, secession, and the presidential war powers. Roosevelt and Chief Justice Hughes's fight over the New Deal was the most critical struggle between an American president and a chief justice in the twentieth century. The confrontation threatened the New Deal in the middle of the nation’s worst depression. The activist president bombarded the Democratic Congress with a fusillade of legislative remedies that shut down insolvent banks, regulated stocks, imposed industrial codes, rationed agricultural production, and employed a quarter million young men in the Civilian Conservation Corps. But the legislation faced constitutional challenges by a conservative bloc on the Court determined to undercut the president. Chief Justice Hughes often joined the Court’s conservatives to strike down major New Deal legislation. Frustrated, FDR proposed a Court-packing plan. His true purpose was to undermine the ability of the life-tenured Justices to thwart his popular mandate. Hughes proved more than a match for Roosevelt in the ensuing battle. In grudging admiration for Hughes, FDR said that the Chief Justice was the best politician in the country. Despite the defeat of his plan, Roosevelt never lost his confidence and, like Hughes, never ceded leadership. He outmaneuvered isolationist senators, many of whom had opposed his Court-packing plan, to expedite aid to Great Britain as the Allies hovered on the brink of defeat. He then led his country through World War II.
UnitedStates, 295 U.S. 602 (1935); see Nelson and Leuchtenburg. 18. Leuchtenburg, p. 109. 19. ... William E. Leuchtenburg, In the Shadow of FDR: From Harry Truman to George Bush, 3rd ed. (Ithaca, NY: Cornell University Press, 2001), ...
President Franklin Delano Roosevelt battles with the Supreme Court which he considers too conservative to uphold necessary reform legislation.
Today the Hughes Court is often remembered as a conservative bulwark against Franklin Roosevelt's New Deal. But that view, according to author Michael Parrish, is not accurate.
The ill-will fomented by the competing state-imposed steamboat monopolies became so deepseated, said U.S. Attorney General William Wirt when he argued Gibbons for the federal government, that the three midAtlantic states were “on the ...
The Supreme Court Crisis
Some of the justices: Levinson, Constitutional Faith, 16; Kammen, A Machine That Would Go of Itself, 3; Ross, The Chief Justiceship of Charles Evans Hughes, 226. “black-robed gods”: WP, Feb. 16, 1936; NYT, Nov. 10, 1929.
The fascinating, behind-the-scenes story of Franklin Roosevelt's attempt to pack the Supreme Court has special resonance today as we debate the limits of presidential authority.
The untold story of how FDR did the unthinkable to save the American economy. "A really excellent book. Edwards provides a dramatic and readable account of monumental decisions that changed the course of history.
This book -- the first of its kind -- is the personal memoir of the overzealous young Knox, an unprecedented insider's view of the showdown between Roosevelt and the Court.
... 1937, Holt MSS, University of West Virginia Library, Morgantown, W. Va Constitutional Democracy, April 5, 1937, ... See also A. F. Whitney to Frank O. Lowden, April 17, 1937, Lowden MSS, University of Chicago Library, Chicago, 111., ...