Essay on "Judicial Agenda of President Franklin D. Roosevelt"
Essay 4 pages (1383 words) Sources: 5 Style: MLA
[EXCERPT] . . . .
Judicial agenda of President Franklin D. RooseveltThe Judicial Philosophy and Agenda of President Franklin Delano Roosevelt (FDR)
Especially in light of today's economic crisis, the reputation of the presidency of Franklin Delano Roosevelt is viewed as sacrosanct. However, Roosevelt's term in office was ridden with many controversies, particularly during the early days of his New Deal that have since been forgotten. One of the most contentious quests Roosevelt embarked upon was his attempt to expand or 'pack' the U.S. Supreme Court with new justices, when the elderly, conservative members of the Court proved unwilling uphold the constitutionality of critical aspects of his New Deal legislation. Because of the Supreme Court's intransience, FDR feared his entire social vision and economic recovery program was going to be railroaded by unelected, old men in black robes. Roosevelt's fundamental philosophy about the relationship of the executive branch and the judicial branch was that the purpose of the government was to serve the people, and to preserve the nation. If that meant overriding the U.S. Supreme Court, so be it -- the executive branch was directly elected by the populace. In his Fireside Chat on the Reorganization of the Judiciary, March 9, 1937, Roosevelt said what was soon dubbed his 'court packing plan' would "provide a reinvigorated, liberal-minded judiciary necessary to furnish quicker and cheaper justice from bottom to top."
FDR was determined to bring the nation back from economic ruin. Many people wanted America to revert to total socialism, and FDR feared the specter of radicalism, as manifest in Russia at the time. He also feared the f
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The case that struck down the NRA, in another interesting parallel with today involved food poisoning. A company was marketing diseased chicken in violation of the NRA's poultry code. Their lawyers contended only that Congress had no power to regulate local business. The court used this case to invalidate the whole industrial recovery act. It said Congress and the President had illegally extended federal control over what were local business activities that were not related to interstate commerce (Pusey 1958). In 1936, the Court struck down the Agricultural Adjustment Act (AAA) farm subsidy bill, ruling that the states, not the federal government, had the power to regulate agriculture. Soon after, a majority struck down the Bituminous Coal Conservation Act and New York State's minimum wage law for women -- only the Tennessee Valley Authority (TVA) providing electricity to an impoverished community survived ("Presidential politics: FDR," the American Experience, 2009).
After his sweeping re-election, Roosevelt moved against the court. He introduced a bill with a provision giving the President authority to name an additional federal judge for every incumbent who had been on the bench ten years and had not resigned within six months after reaching the age of seventy, including justices on the Supreme Court (Pusey 1995). FDR believed that this would make the Court more responsive to the needs of the time, by limiting both the tenure and the age of Court. "As six members of the Supreme Court… READ MORE
Quoted Instructions for "Judicial Agenda of President Franklin D. Roosevelt" Assignment:
The essay is a summery of the judicial agenda of President Roosevelt (FDR). It should cover FDR's political, legal and constitutional agendas. What were the legal, constitutional and judicial issues of the time and how did the FDR feel about them? This section should cover approximately the first 2-3 pages and should defiantly include the frustration FDR felt that the Supreme Court had struck down so much New Deal legislation. The last page(s) should discuss what FDR was looking for in his nominees. What votes did he want on what issues (this again includes the New Deal among others).
The essay should NOT discuss any of the people that FDR actually nominated. It is about FDR's goals for the Supreme Court, not any of the justices themselves.
Please include 1-2 short quotations that are appropriate as well as a bibliography. All of the sources should be from academic journals or books.
How to Reference "Judicial Agenda of President Franklin D. Roosevelt" Essay in a Bibliography
“Judicial Agenda of President Franklin D. Roosevelt.” A1-TermPaper.com, 2009, https://www.a1-termpaper.com/topics/essay/judicial-agenda-president-franklin/1362081. Accessed 3 Jul 2024.
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