Which president tried to expand the Supreme Court? A Deep Dive into FDR's Court-Packing Plan
The question of which president tried to expand the Supreme Court is a significant one in American political history. The answer is **President Franklin Delano Roosevelt (FDR)**. In 1937, FDR proposed a plan to reorganize the federal judiciary, which included a controversial measure to increase the number of justices on the Supreme Court. This proposal is commonly referred to as his "court-packing plan."
Why Did FDR Want to Expand the Court?
President Roosevelt's motivation stemmed from a deep frustration with the Supreme Court's decisions during his first term. The Court had struck down several key pieces of his New Deal legislation, which were designed to combat the Great Depression. These rulings, often by a narrow 5-4 margin, were seen by FDR and his supporters as an obstruction to vital economic recovery efforts.
The Court at the time was dominated by conservative justices, whom FDR famously labeled the "Four Horsemen" for their consistent opposition to New Deal programs. These programs included measures like the Agricultural Adjustment Act and the National Industrial Recovery Act, which aimed to regulate prices, control production, and provide jobs.
What Was the Court-Packing Plan?
The plan, formally known as the Judicial Procedures Reform Bill of 1937, was unveiled in February 1937. It was part of a broader legislative package designed to make the federal judiciary more efficient. However, the most talked-about and contentious provision was the one that would allow the President to appoint an additional Supreme Court justice for every sitting justice over the age of 70 who did not retire.
At the time, there were six justices over the age of 70. If the plan had passed, FDR could have appointed up to six new justices, potentially expanding the Court to a total of 15 members. The stated goal was to bring in younger, more progressive justices who would be more sympathetic to the New Deal agenda.
The Rationale Behind the Plan
FDR argued that the Court was overworked and that the addition of new justices would help speed up its caseload. He also contended that older justices were less able to keep up with the demands of the job. However, it was widely understood that the primary objective was to shift the ideological balance of the Court.
President Roosevelt argued that the plan was necessary to make the judicial system more efficient and to ensure that the Court could properly handle its workload. He stated, "I know that no one has any desire to alter the fundamental law of our land. The ultimate purpose of the reform is to prevent judicial deadlock and to make the Supreme Court a more effective instrument of justice."
The Political Backlash and Opposition
Despite FDR's popularity and his Democratic Party's strong majority in Congress, the court-packing plan faced fierce opposition from both Democrats and Republicans. Critics accused FDR of attempting to undermine the independence of the judiciary and of engaging in a power grab. They argued that the plan was a thinly veiled attempt to intimidate the justices and pack the Court with his own appointees.
Many legal scholars and constitutional experts also raised concerns about the precedent such a move would set. The idea of a president expanding the Court to achieve a desired political outcome was seen as a dangerous departure from the checks and balances enshrined in the Constitution.
The "Switch in Time That Saved Nine"
While the court-packing plan was being debated in Congress, a remarkable shift occurred within the Supreme Court itself. In a series of decisions in the spring of 1937, often referred to as the "switch in time that saved nine," the Court began upholding key New Deal legislation. This shift in judicial philosophy made FDR's plan appear less necessary and more politically motivated.
One of the most significant decisions was *West Coast Hotel Co. v. Parrish*, which upheld a state minimum wage law, a concept previously rejected by the Court. This decision, along with others, signaled a more favorable view of government regulation and economic intervention.
The Fate of the Plan
Facing mounting opposition and the changing judicial landscape, President Roosevelt's court-packing plan ultimately failed to pass Congress in its original form. While some minor judicial reforms were enacted, the core provision to expand the Supreme Court was defeated.
Despite the plan's failure, it had a profound impact on the Court and American politics. It is credited with ushering in a more liberal era for the Supreme Court, where it became more supportive of federal government power and social and economic regulation.
Frequently Asked Questions (FAQ)
How many justices were on the Supreme Court before FDR's plan?
Before President Roosevelt proposed his court-packing plan, there were nine justices on the Supreme Court. This number had been set by Congress in 1869.
Why did FDR call it a "reform" bill instead of a "court-packing" bill?
FDR and his administration framed the proposal as a judicial reform measure aimed at improving the efficiency of the federal courts and addressing an aging judiciary. The term "court-packing" was largely used by his opponents to characterize the plan as a politically motivated attempt to control the Court's decisions.
Did any presidents try to expand the Supreme Court before or after FDR?
While other presidents have appointed justices when vacancies arise, Franklin D. Roosevelt is the only president in modern American history who explicitly attempted to *expand* the number of seats on the Supreme Court through legislation. The number of justices has remained at nine since 1869.
