May 08, 2007
Change By Saturation
If you can't beat 'em, outnumber 'em:
The Supreme Court was the main obstacle to Roosevelt's programs during his second term, overturning many of his programs. In particular in 1935 the Court unanimously ruled that the National Recovery Act (NRA) was an unconstitutional delegation of legislative power to the president. Roosevelt stunned Congress in early 1937 by proposing a law allowing him to appoint five new justices, a "persistent infusion of new blood". This "court packing" plan ran into intense political opposition from his own party, led by Vice President Garner, since it seemed to upset the separation of powers and give the President control over the Court. Roosevelt's proposals were defeated. The Court also drew back from confrontation with the administration by finding the Labor Relations and Social Security Acts to be constitutional. Deaths and retirements on the Supreme Court soon allowed Roosevelt to make his own appointments to the bench with little controversy. Between 1937 and 1941, he appointed eight liberal justices to the court.
Maybe solutions are found not in replacement but saturation.