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Which President Threatened to Expand the Supreme Court?

Published in American History 2 mins read

Franklin D. Roosevelt threatened to expand the Supreme Court.

The "Court-Packing" Plan

After winning the 1936 presidential election by a significant margin, President Franklin D. Roosevelt proposed a highly controversial legislative initiative to modify the structure of the Supreme Court. This plan, commonly known as the "Court-Packing" Plan, was designed to address the Supreme Court's decisions that had invalidated several of his key New Deal programs.

Details of the Proposed Expansion

Roosevelt's bill aimed to expand the membership of the Supreme Court by introducing a new justice for every sitting justice over the age of 70 who did not retire. The proposal stipulated a clear limit on this expansion:

Aspect of the Plan Detail
President Franklin D. Roosevelt
Context Proposed after his 1936 presidential election landslide
Basis for Additions One new justice for each existing justice over 70 years of age
Maximum Additions Up to six additional justices
Potential Court Size From the then-standard nine, potentially up to fifteen justices

The primary goal of this proposed expansion was to shift the ideological balance of the Court, allowing for more favorable rulings on New Deal legislation and ensuring the constitutionality of his administration's economic recovery efforts.

Impact and Legacy

While the bill ultimately failed to pass Congress, it ignited a profound national debate about the independence of the judiciary and the separation of powers within the U.S. government. Although the direct expansion did not occur, the political pressure exerted by the plan is believed by some historians to have influenced subsequent judicial decisions, leading to a period where the Court became more receptive to New Deal policies. This episode remains a significant event in American constitutional history, highlighting the intricate relationship between the executive, legislative, and judicial branches.