FDR and Court Packing:A challenge to separation of

powers

How do you become a Supreme Court Justice?

• The president appoints all Supreme Court Justices

• However, the Senate must approve of the president’s appointment before someone can become a justice.

• This is an example of checks and balances!

Supreme Court

• The Supreme Court decides:– WHETHER A LAW IS CONSTITUTIONAL!

Did the New Deal consist of laws?- YES! Congress passed many laws when

creating the New Deal Program

How many justices serve on the Supreme Court?

-9

How long do they serve?

-for life or until retirement

Supreme Court attacks the New Deal Programs

• The Supreme Court ruled that some New Deal programs like the NRA (National Recovery Act) and the AAA (Agricultural Adjustment Administration) violated the constitution by setting wage and price limits.

• FDR sees the Supreme Court as the enemy of the New Deal

Court Packing Scheme

• 1937: FDR proposes that for every Justice who reaches the age of 70, the President should be allowed to add another Justice!

• Under this plan, the maximum # of Justices would be 15

Court Packing Scheme• FDR is trying to “pack the Court”

with justices who will stop “messing” with his New Deal

programs!• Americans see this as a violation

of our system of separation of powers and violation of checks and balances.

Court Packing Scheme

• The public and Congress say no!

• Separation of powers is maintained! The # of Justices remains at 9.

Court Packing

• Some say Roosevelt is acting like a dictator.

• Roosevelt is elected four times and is president for 13 years!

• This will lead to the 22nd Amendment

( 1951) : A president can only serve two terms. Period.

1. What is the Supreme Court doing to the New Deal programs?

2. How did FDR propose to deal with this problem?3. How did his solution violate the Constitution?

Explain how one qualifies to become a justice under FDR?

What is the main idea of this cartoon?

Legacy/Impact of the New Deal

• New Deal increased the role of the government. We moved away from the policy of laissez faire. Government began to be more involved in social and economic issues.

• New Deal increased the size of the government.

• Some programs like SSA, FDIC, SEC are still in existence today.