The Supreme Court Turns Right

Historical Analogues.

When President Franklin Delano Roosevelt sought to "pack" the Supreme Court in 1937 by increasing the number of justices and appointing men favorable to his social interventionist philosophy, he was roundly condemned by members of both political parties for attempting to destroy the independence of the Court. As taught in civics texts, the Supreme Court is the third branch of government. Its membership is supposed to represent the wide range of judicial philosophies to be found across the nation, and to be the arbiter of disputes between the executive and legislative branches and the ultimate interpreter of the Constitution. Roosevelt's attempt to rewrite the Constitution to overplay his own power in order to fill the Court with political allies was viewed as an illegitimate effort to overpoliticize the Court. Since judicial appointments are proposed by the president and confirmed (or denied) by the Senate,...

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