POLI 429 Identifications

Felix Frankfurter

Chapter 2 -"Hughes radiated a kind of moral authority a stern superior mean that exuded judgment one just did not true or needlessly talk effuse was around recalled Felix frankfurter of Harvard Law School" -"Scholars like Felix frankfurter saw the debate as something close to a great awakening let us face the fact he wrote at the time that justices of the Supreme Court R molders of policy rather than impersonal vehicles of revealed truth." Chapter 3 -" it was due to the fierce resilience of what Felix frankfurter called the theological tradition of jurisprudence. Its high priest did not deny the judges were in fact human beings. What they did dispute was that the human element whether prejudice doubt fear or favour played a role in judicial decisions." -"If anyone was ideally suited for this role it was Felix frankfurter. His relationships at the highest levels of government were so extensive and his influence so pervasive that some of his friends said that a Supreme Court appointment when it inevitably came would be a step down. Descended from a line of rabbis three centuries long frankforter by 1933 seemed to regard the whole of official Washington as his congregation. He will deny it if you ask him The New York times observed. Frankfurter worked hard to stay out of the spotlight shining interviews and public speeches in favor of the telephone lengthy handwritten letters telegrams and stealthy visits to the White House the homes of the Supreme Court justices and the offices of his boys young men like Tom Cochrane in Ben Cohen whom he had placed in strategic positions throughout the administration. Quietly but energetically the ban Tam birdlike professor offered counsel on matters of politics policy and law he bounced into rooms laughing and chattering speaking rapidly in a voice that board traces of Vienna from which he had emerged in 1894 at age 12. Frankfurter's covert role earned him comparisons to everyone from machiavelli to Lago spin golly rest Putin rich alou and jiminy cricket the chirping little keeper of the conscience as the New Yorker described him. FDR in this analogy what's Pinocchio the crickets big happy go lucky venturesome friend and master. Frankfurter had known Roosevelt well for more than two decades of friendship formed in the checkerboard halls of the state war and Navy building where on the Eve of the First World War both men had served in the Wilson administration. As the years passed FDR called on him with growing frequency. Amid an endless stream of needless flattery frankfurter offered the president advice on new deal policies an increasingly shared his thoughts on the predilections in personalities of the Supreme Court justices who in turn sought his insights into that often perplexing man in the White House. This backchannel communication was in no way at odds with frankfurter's belief in the independence of the judiciary. On the contrary the division of governmental power into three branches frankfurter once said was not a technical legal doctrine functions have been allowed to courts as to which Congress itself might have been legislated matters have been drawn from courts invested in the executive enforcement of a rigid conception of separation of powers would make modern government impossible. " -"Felix frankfurter who shared their belief that the new deal was constitutional also shared their reluctance to test the proposition why are you so anxious for a decision he asked an insistant law student until you are sure of getting the right one. As an exceedingly close observer of the court Frankfort assault no indication of a fundamental shift. Supreme Court decisions may unmake us he cautioned a fellow advocate of minimum wage legislation which in recent decades had been overturned more than once by the court."

George Sutherland

George Sutherland, born in England, was one of the very conservative justices on the Supreme Court when FDR started his presidency. He was formerly a senator from Utah. He is the image of the targeted Justice that FDR was going after in his court-packing plan as Sutherland was above 70 and had spent multiple years battling with sickness. When it came to making decisions, it was said that Sutherland was amicable and accepting of opposing views while simultaneously being "immovable." He was said to have an eloquent but striking tongue in his opinions. He believed in a consistent and rigid Constitution and ruled on cases as such. As Jeff Shesol said during his appearance in our class he became the "intellectual architect" of the conservative Justices when it came to forming decisions. Sutherland wrote the scolding dissent in the Adkins case.

Charles Evan Hughes

With his long, honorable list of accomplishments and qualifications (including serving as an associate Justice from 1910-16), the now former Chief Justice Hughes was nominated by President Hoover in 1930. When he left the Court in 1916, Hughes showed the "pragmatic streak of many progressive reformers" as he frequently aligned with Holmes and Brandeis in protecting civil liberties. Entered the court as a "moderator" for common ground along with Roberts in a long split over social and economic questions in promotion for pragmatism and liberal tolerance and the battle between "human rights" and "property rights". In Blaisdell, Hughes describes the constitution to be a "flexible, adaptable instrument" and utilizes this philosophy to emphasize that "while emergency does not create power... emergency may furnish the occasion for the exercise of power." From his perspective and given the aftermath of the Great Depression, it premised legislatures to go beyond their constitutional authority. Along with Roberts, he viewed prohibitions through the due process clause only for policies that were "arbitrary, discriminatory, or capricious." Both were known to be "ardent liberals." In Schechter, ruled against the NRA by saying that it gave the president authority that is an excessive delegation of power and is "virtually unfettered" along with nor the employees or the chickens participated in interstate commerce. Similar incident in Panama Refining Co. v. Ryan where the hot oil provision of the Recovery Act was overturned as Hughes stated that the constitutional authority transcended limits of delegation. Dissented in Railroad Retirement Board v. Alton Railroad Co. arguing that the majority decision places an unwarranted limitation upon the Commerce Clause and the consequences of this decision are far reaching against all similar legislative actions of this nature in the future. He stated "the commerce clause, Hughes concluded, did not require that Congress be perfect or wise, simply that it be permitted to govern." Argued that an increase in the number of justices would make the court less efficient. He exclaims that the constitution "does not appear to authorize two or more Supreme Courts." "We are under a Constitution," Hughes had said then, "but the Constitution is what the judges say it is." Liberals of the time used this quote of Hughes to "embody" their critiques of the court. The unwillingness of the conservatives to accept this truth was more detrimental than the truth itself. Known to be swinging back and forth from the two "camps" of the court and not aligning with one made him believe he was establishing some level of balance to the court. However, it prompted the imbalance and confirmed the belief of many Americans of the Court being a mere political institution. Retired in 1941, FDR appointed Stone to the Chief Justice title afterwards

James McReynolds

1932: Chairman of Democratic Lawyers for Roosevelt 1934: Assistant General Counsel of the US Treasury Dept. Bureau of Internal Revenue (now IRS) Chapters 6-9: "[FDR] was quite determined that he just could not accept an adverse [Supreme Court] decision." Encouraged "outright defiance" of SCOTUS rulings, which FDR supported Of Humphrey's Executor: "That damn little case made Roosevelt madder at the Court than any other decision...[He] thought they went out of their way to spite him personally." Chapters 10-13: Speaking for himself and FDR of the Court: "What is wanted is...a return to the spirit with which our early judges viewed the function of judicial review of legislation- the conviction that it is an awesome thing to strike down an act of the legislature approved of by the Chief Executive, and that power...is not to be used save where the occasion is clear beyond fair debate." "The judiciary is thus the check of as preceding generation on the present one...and nearly always the check of a rejected regime on the one in being." Of George Wharton Pepper, former PA-R senator and anti-New Deal agitator: "[His] solicitude for the independence of the farmers was truly touching. Chapters 14-17: After the sweeping 1936 election, stated: "Either the election was only a mirage... or the Court must yield" Wrote that by the mid 1930s, many minority groups had come to believe "that the Court was their only protection they had against arbitrary minorities... Nxgroes felt that it was their only real protection against the white tyranny. Catholics felt that the Court had protected the parochial schools. Minorities felt a certain security... that they didn't think would exist if the Court were too much under the control of the executive or legislative branches." Rumored to be among FDR's top picks for Van Devanter's open seat Wrote that many on the left "are opposing the President's plan because they want to get an amendment that will end judicial power." Chapters 18-21: As a witness in the Congressional hearings of the court-packing bill: The New Deal was "in peril [of] being lost in a maze of constitutional metaphors... Self-restraints [of judicial activism] are proving no restraints." "Judges who resort to a tortured construction of the Constitution may torture an amendment... You cannot amend a state of mind." Urged FDR "to make the case more simply and clearly [to the public] and to seize the "fighting issues": how the Court had made itself a superlegislature, how the conservative justices had "gone out of their way" to cut off every avenue for economic reform, how they were twisting the meaning of the Constitution" Wrote to FDR that "The people are unquestionably ready to support you to the finish if they understand that this is a fight to make the court a contemporary and nonpartisan institution. I am utterly unable to get any response to the statistical approach and I do not see that anyone else has." 1938: US Solicitor General 1940: US Attorney General 1941: SCOTUS Associate Justice (until death in 1954) 1945: US Chief of Counsel for the prosecution of Nazi war criminals; US Chief Prosecutor in the Nuremberg Trials--There was some tension between Pierce Butler and McReynolds stayed home. -The hostility that Butler and McReynolds directed toward Brandeis, for example, was so pronounced that the Chief Justice, as the host of two annual Court dinners, made sure to seat other guests between them to prevent an embarrassing incident. Intro -"Only James McReynolds sour faced in Duluth reflected the true state of relations within the court and between the judicial and executive branches. McReynolds the president's fiercest critic on the court was known to have vowed never to resign as long as the crippled son of a b**** is in the White House. This was the first presidential dinner invitation that McReynolds had accepted in four years and he had done so only to appease some of the others justices." 2 -The most outspoken on the court...hardly conservative "James McReynolds was downright alarmist. While conceding in a letter to his brother that the new president has gotten some apparently worthwhile things accomplished he hastened to add that roosevelt's farm relief plan looks simply crazy and if put into law nobody can tell what will happen. I hope Congress will show some good sense. And the fact that Roosevelt has proposed such a thing as evidence of his mental infirmity and lack of stability. This was a frequent charge by McReynolds I think the head is utterly incompetent he wrote his brother so have been people who should have led the way. They have been imbeciles The United States he added ominously was headed for another crash. " "The last words that they belong to James McReynolds. McReynolds had a personality far larger than his contributions to the law. Reporter who covered the court described him as the most colorful up the Conservatives a tempestuous old Buzzard just completely uninhibited. He spoke his mind freely and somewhat bluntly as children do were called one of the few men in Washington who called him a friend. Tall gaunt and usually dower McReynolds lived alone still a Bachelor in his late 60s and worked alone in his apartment but for the company of a single miserable law clerk who was forbidden even to receive a telephone call. If McReynolds was capable of charm or civility it appeared limited to his interactions with debutantes at gatherings of polite society. McReynolds called frankfurter was a hater. Indeed he refused to talk to the two Jewish justices Brandeis and Cardozo or to sit beside them having campaigned against the ladders appointment reportedly urging Hoover not to afflict the court with another Jew McReynolds read the newspaper during Cardozo's induction ceremony rustling the pages for greater effect. But if brother and McReynolds had not pulled himself up by the bootstraps. The son of a plantation owner and physician he had gone to civilized schools Vanderbilt University of Virginia law school and chosen civilized professors. In 1896 he ran for Congress as a pro gold anti Bryan Democrat in loss."

National Recovery Act

A U. S. labor law passed in 1933 by Congress to regulate industry for fair wages and prices to help stimulate the economy. The NRA was for union rights, minimum wages and work hour limits. in 1935 the Supreme Court ruled the NRA unconstitutional. The National Recovery Act was never replaced.

First New Deal

A series of programs by President Roosevelt aimed at relief, recovery and reform of the economy. The First New Deal dealt with the banking crises. The Emergency Banking Act and the 1933 Banking Act were part of the First New Deal. The National Recovery Administration (NRA) was also part of the First New Deal.

Owen Roberts

A well-respected former corporate lawyer who, at the time, was "embraced by the liberals of one of their own" serving as an associate justice on SCOTUS. Along with Hughes, he carried the middle ground in the battle between liberals and conservatives on SCOTUS. Delivered the majority opinion in Nebbia v. New York where he declared both property and contract rights to not be absolute and widened the definition of "public interest" by abandoning the restrictive "public interest" test. He emphasized considering future regulations on a case-by-case basis, which strengthened state regulations past just the occurrence of emergencies as Hughes reiterated in Baisdell. Joined the conservatives in Railroad Retirement Board v. Alton Railroad Co. and argued that the Railroad Retirement Act is solely in the interest of the employee. Declared the act to be unconstitutional on due process grounds AND on interstate commerce stating that there is no relationship between the retirement security and interstate commerce. Very sensitive to public lashing and protective of his reputation in the eyes of the people Ruled against the NY minimum wage law on grounds of the liberty to contract in Tipaldo which caused public outrage. Stone calls him out in his dissent saying that Roberts strayed from his "celebrated opinion" in Nebbia as he mentioned "the constitution does not secure to anyone the liberty to conduct his business in such fashion to inflict injury upon the public at large..." Which, if applied in this case, Stone says, would have dictated a completely different result.

Louis Howe

Although Howe has already passed his memory still lives on (especially with FDR). James FDRs son filled in the vacancy as mentioned but not the void of Louis Howe. FDR really missed Howe's shrewdness and stubbornness because again not many people could be so straight up with FDR and even reprimand FDR as a "damned fool" like Howe did. Louis being gone really made FDR more lonely.

Harlan Fiske Stone

Associate Justice of the Supreme Court, later Chief Justice. Stone was a former member of Hoover's "Medicine Ball Cabinet" , and although he disliked Roosevelt's loose constitutional interpretation and fondness for experimentation, he agreed that the country was in dire need of change (Chapter 2, pg 36), and was ambivalent towards Roosevelt's election as President. Stone was extremely critical of the New Deal, calling the Nebbia opinion weak and the gold clause appalling. However, he would soon grow more comfortable with the New Deal, even forming a liberal bloc with justices Brandeis and Cardozo called the "Three Musketeers" that vowed to uphold the constitutionality of the New Deal, believing that the Court must exhibit judicial self-restraint. He initially welcomed Justice Roberts, but soon grew worried of his rightward drift (Chapter 7, pg 125), and along with Cardozo broke from the majority opinion in Schechter (Chapter 8, pg 136), afterwards bemoaning the ineffectiveness of the Recovery Act.

Benjamin Cardozo

Benjamin Cardozo served as Chief Judge of the New York Court of Appeals and Associate Justice of the Supreme Court of the United States. Cardozo, Brandeis and Stone were the liberals on the Supreme Court. Cardozo upheld a New York unemployment insurance plan in the Steward Machine Company v. Davis in 1937 which was a tie in the Supreme Court. He dissented in the Carter v. Carter case of 1936 over the scope of the Commerce Clause.

Carolene Products v. U.S.

Carolene Products v. US was a 1938 Supreme Court case regarding an act known as the "Filled Milk Act," which limited the types of milk that could be shipped, but did not limit butter. The majority opinion, written by Justice Stone, upheld the law because the federal government had followed due process requirements and was passing the law for the general welfare of the people. This case gave Congress the benefit of the doubt when it comes to rational basis, a decision that should be made by Congress and not the Court. As long as it is not insane to believe that Congress is helping the people, the law has to be upheld. One of the most important parts of this case is in the footnotes. Footnote Four states that this case specifically did not involve the Bill of Rights, minorities, or political participation since it was purely about economics, so the Court should not have made a judgment in terms of rational basis. If the result does not satisfy the people, they need to win an election to change it. This footnote is important because of the impact it has on the protection of racial minorities in future cases involving rights and freedoms, which the Court says that they can rule on to protect the people.

Schecter Poultry Corp. v. United States (1935)

Challenged NRA regulations of price/wage fixing, requirements of selling healthy chickens, maximum work hours and rights of workers to unionized Opinion: Chief Justice Hughes (unanimous) overturned "codes of fair competition" as they violated the constitutional separation of powers by delegating legislative powers to the executive branch overreach of executive power as there were no direct effects on interstate commerce effectively gutted significant parts of the NRA, a significant loss for New Deal legislation Schechter brothers voted for FDR in 1936 though

Commonwealth Club Address (1932)

Commonwealth Club Address (1932) was delivered by FDR on September 23rd, 1932 in San Francisco, CA. "Roosevelt had argued that the exercise of individual liberty depended on some degree of protection from the ravages of the marketplace, and that the task of the 20th century government was 'to assist in the development of an economic declaration of rights, an economic constitutional order' with an emphasis on security." (Shesol)

Burt Wheeler

Democrat Senator from Montana 1936: told FDR "to avoid the Court issue at all costs, lest history repeat itself" "There has been a great deal of talk about the sanctity of the Constitution. But I suggest that constitutions are made for men, not men for constitutions...[I do not support AAA crop production regulation,] but now I feel that if we are going to help the farmers we may have to amend the Constitution to do it." 1935: "We have too precious a heritage of freedom and democracy to entrust it to fascism, communism or any other -ism that implies centralization of too much power in the hands of any one individual" Had advocated a bill to impose congressional veto over Court's decisions in 1924 One of the loudest Democrats in opposition of the court packing bill The Nation Newspaper, 1924: "He is exigent; but he is attractive. He is attractive perhaps precisely because he is exigent and uncompromising and— it might be said— politically bloodthirsty. There is something soft in many reformers. There is nothing soft in Wheeler.... He is humane in his policies. Personally he is hard-boiled, hard-bitten, hard-sted." Extremely paranoid of political opponents Harbored deep resentment towards FDR after being one of the first to wholeheartedly endorse him in 1931 but was never properly thanked for doing so; being overlooked for VP position in 1932; a laundry list of perceived transgressions and offenses over the course of the first term Was staunchly and bitterly opposed to court packing and essentially led the opposition in the Congressional hearings "Burt Wheeler's bitterest enemies— Old Guard Republicans, Liberty Leaguers, bankers, corporation lawyers, captains of industry, even Montana copper moguls— were now his greatest enthusiasts" In speaking in opposition of the court packing bill at the hearings: "Burt Wheeler rose— and spoke without cease for the next three hours. The only sign that he might be flagging came at the two-hour mark, when he signaled for a Senate page to bring him some milk, which arrived periodically in small paper cups" Compared FDR to Hitler and Mussolini A mean, nasty, bitter little man who liked making the Roosevelt administrations' lives miserable

Hugo Black

Democratic senator from Alabama, incredibly loyal to FDR, supported the New Deal Secretary of the Senate Democratic Conference Chairman of the Senate Lobby Investigating Committee that investigated the ALL; exposed corruption in ALLcharged ALL for violating non-partisan tax status Blamed the auto strikes on the Supreme Court, calling it "an insuperable, impossible obstacle" to the federal government's ability to intervene and address root causes Warned FDR about court packing bill's opponents using "parliamentary tricks to delay a vote as long as possible," to which FDR responded: "We'll smoke 'em out and press for an early vote." Nominated for Van Devanter's open seat on the Court after Joe Robinson's death Pros: Young (age 51) From a judicial circuit that was underrepresented on the court A "real fighting liberal;" an "evangelic progressive" At risk of losing re-election in Alabama in 1938 for his marked support of the wages-and-hours legislation; FDR figured it would be easier to put Black on the Court than to keep him in Congress Black's confirmation was basically guaranteed; "senatorial courtesy," the tradition by which the Senate took care of its own Cons: According to FDR, "not as able a lawyer as some of the others he considered" According to Frankfurter: "Black lacked the technical knowledge to beat the [Chief Justice] in some of his shenanigans" Opposite of a judicial temperament; had the bearing of a prosecutor; was best known as the relentless leader of Senate investigations WAS IN THE KKK BUT NO ONE SEEMED TO GIVE MUCH OF A FLYING NUTBALL ABOUT THAT...........ok

Inaugural Address 1937

For the first time on history the presidential inauguration was held on January 20, 1937 rather than March 4, 1937. The 12th amendment was ratifies in 1933, closing the gap between election day and the swearing in ceremony. President Roosevelt expressed faith in the Constitution as the founders has conceived of it. Its creation of a "strong government with powers of united action sufficient then and now to solve problems utterly beyond individual or local solutions. He called on all three branches to do their pair. He said The Constitution of 1787 did not make our government impotent. He said."The American people will insist that every agency of popular government use effective instruments to carry out their will. (Chapter 16)

Frank Gannett

Frank Gannett was a publisher who owned the Knickerbocker Press, Rochester Times-Union, Democrat & Chronicle, and other mostly New York state papers. Gannett was an initial supporter of the New Deal until legislation hurt his publishing through the NRA's Newspaper Code. This changed his outlook on FDR for the foreseeable future, causing him to try and become the Republican Vice Presidential nominee in 1936 under both Borah and Taft, to no avail. Just months after the election, Gannett used his power in publishing (and his money) to oppose the Court-packing plan and spread as much information as possible for people to agree with him. He founded the organization called the National Committee to Uphold Constitutional Government, whose goal was to "mobilize and coordinate individual and mass protest against the proposed undermining of an independent judiciary." He used his wealth, media connections, and Senate connections (they mailed for free) to send out mail opposing the plan all across the country. Gannett's ability to spread information used a similar approach to the American Liberty League, which had little influence in 1937, but had many more resources, bipartisan support, and connections to make the impact more widespread. This PR blitz showed the power of money in politics when it came to influencing people's opinions.

Inaugural Address 1933

Franklin D. Roosevelt's first inaugural address focused on the economic hardships at the time, and he explained that Americans must move forward without fear to create positive change. He stated that the greatest task was to return people to work, as well as focusing on redistribution to ensure the land was being used to its full potential and businesses were acting fairly. His emphasis throughout the entire speech was that action creates change, words do not. With this, he laid out his plans to improve the economic status of the nation, noting things like urging Congress and states to enact change, and if necessary, he would ask Congress to broaden executive power so he could face the situation head on. He ends the speech by explaining that the process of American democracy has not failed, but rather must be updated as a united front.

Homer Cummings

Homer Cummings was the president Roosevelt's attorney general from March 4, 1933 to January 2, 1939. He is one of the policy makers that helped shape the social security. Cummings who is a democrat from Connecticut and was a member of group known as "For Roosevelt Before Chicago". After the Black Monday defeat FDR took on his next plan to push out current supreme court judges by adding new judges to take the majority vote. This plot to stack the court was mainly thought up by Cummings. No other trusted advisors of FDR knew about this plan until the last minute.

State of the Union Address (1937)

In this State of the Union Address, FDR highlighted the steps his administration took during his time in office in regard to economic and social policy intended to combat the Depression. He explained there was still work to be done, that the policies created were a good start, but to enact lasting change there must be a continuation of the process he had started. He noted that unemployment was the most widespread issue, and said it is tied to "fluctuations in production and distribution." In my opinion, the most notable part of this speech is the point FDR made regarding the Constitution and what it means for a progressing country such as the United States. He stated that while there should not be change to our fundamental laws, the Constitution must be viewed and changed in the lens of a forward-moving timeline. Staying true to his progressive attitude toward the Constitution, FDR called for "peaceful advancement" of the Constitution and judiciary.

James Roosevelt

James Roosevelt was the oldest son of FDR and was born in 1907. James played a role in attempting to pass the court-packing bill through Congress. Having been "cornered" by Joe Robinson, Alben Barkley, and Pat Harrison, James Roosevelt served as a sort of 'middle-man' to inform his father that his plans to court-pack were undermining the Democratic Party. As a result, it was James' role to then talk to FDR to attempt to modify, or at least postpone his court-packing plan.

Liberty of Contract

Known to be a major controversy throughout the Lochner era as it provoked a battle between an individual's right to make business arrangements and economic decisions without governmental interference versus police powers of the states in promotion of public health, safety, welfare or morality. Heavily influenced by individualism and Laissez-faire conservatism in regards to individual liberties. Blaisdell and Nebbia both expanded powers of a state to regulate economy over an individual's right to contract as the cases involved "emergencies" and were "affected with a public interest." More limitations to the liberty of contract were defined in Norman v. Baltimore & Ohio Railroad Co. where Hughes stated that if the gold clauses and its contracts interfere with Congress' ability to exercise their constitutional authority, "they cannot stand." Also there was no "injury" (financial) to remedy sot the plaintiff did not suffer any damages nor is "entitled to be enriched." Morehead v. Tipaldo ruled a New York state minimum wage law unconstitutional on the grounds that it violates the liberty to contract protected by the due process clause. Known to be an "abstraction" by the public and is often referred to the "liberty to starve"

Fireside Chat on Banking (1933)

Known to be one of the most persuasive speeches in American history which was delivered after thousands of anxious Americans lost their trust and faith in banks and withdrew their life savings from banks. The speech was delivered it sitting next to an unlit fireplace in 1933 just a few days after his inauguration encouraging citizens to not just reinvest their money back into banks but also restore their confidence in the nation's financial system! As banks reopened, citizens drove to those banks once again to deposit their withdrawn savings.

Lochner v. New York

Lochner v. New York (1905) was a landmark Supreme Court case that ultimately shaped the Court's decisions until 1937. In 1895, New York passed the Bakeshop Act which limited employees to work no more than 60hrs per week. Lochner, the owner of a bakeshop, permitted one employee to exceed 60hrs, thus violating this law. As a result, Lochner was subsequently fined. Citing the Due Process Clause of the 14th Amendment, Lochner argued that the Bakeshop Act violated the freedom of contract (liberty) between him and his employees. Ultimately, the Court sided with Lochner in a 5-4 decision and struck down the Bakeshop Act. This case previewed a series of conservative-leaning decisions, especially regarding labor rights, that would persist for the next 32 years.

Louis Brandeis

Louis Brandeis was one of the "Three Musketeers" of the Supreme Court during the New Deal era. Under this nickname, Brandeis was one of three consistently (for the most part) liberal judges that leaned towards the passage of FDR's New Deal legislation. He is well known for writing the "Brandeis Brief" in the case Muller v. Oregon, which successfully fought for limits on work hours for women using science as evidence. He was appointed by Wilson in 1916, becoming the first Jewish member of the Supreme Court in history. Before being a justice, he was a lawyer in Boston with a nickname of "the people's lawyer" because he prioritized battling injustice and corruption over using legal formulas to fight cases. In regard to the New Deal, Brandeis did not always see 100% eye to eye with FDR. Brandeis was opposed to the idea of "bigness" and would rather support individuals, small businessmen, and his local community than having centralized power in one person or in monopolies. Because of this opinion, he was not completely comfortable with the growing power that FDR had in his countless programs since Brandeis wanted competition in the market and individuals to be able to thrive. He wanted the New Deal to help the people, but he did not want it to go so far as having completely centralized rule. With that being said, Brandeis still supported minimum wage laws, the AAA, and many other pieces of New Deal legislation, but only to a point. When FDR introduced his plan to pack the Supreme Court with "younger blood," Brandeis strongly opposed. As one of the oldest justices, he did not agree with the President's comments, stating "he has made a great mistake. All he had to do was wait a little while."

Oliver Wendell Holmes

Oliver was a jurist that was an associate justice in 1902 -1932 supreme court. He has republican party affiliations. In January 1930 he become the acting chef of the court and he stayed in that position for a month. Chief Justice Charles Evans Hughes and Holmes often clash over some core issues of the time. Some of the things that alienated Hughes from Oliver is Hughes support of minimum wages foe women, workmen compensation laws and defend civil rights and civil liberties. When congress cut the salary of many federal workers and slashed benefits with the Economy Act of 1933. Retired justices like Oliver also saw their retirement pension reduced by half. This kept the other older justices like George Sutherland and Van Devanter remain in their seat instead of retiring. Both later on vote on parts of the new deal as being unconstitutional. Their vote becomes the reason behind FDR's court packing plan.

Black Monday

On Black Monday May 27 1935 the supreme court have struck down one of the main agendas concerning the New Deal which is NRA. The vote was 9- 0. The NRA was established in 1933 by FDR to start the economic recovery. It overlooked fair trades and supported the rights of workers. On the same day the Frazier- Lemke Farm Bankruptcy Act was struck down. It was passed by congress to stop banks from repossessing farms. The court disagreed as it violates the fifth amendment because it prevents creditors from securing their property. The third case that went against the FDR is the case concerning the dismissal of FTC member William Humphrey. The court decided that this dismissal violated the limitation of powers of the president concerning independent agencies like FTC. The influence of Black Monday was significant because there have been no supreme court before and after that have struck down so many laws so quickly. On that day the unanimity of the court in opposing this new program show a new level of opposition from the highest offices of one branch of the government to the other. From that day on FDR learning an important lesson about the supreme court and their dislike of the new deal. He reacted to this setback by planning to stack the court. He proposed the Judicial Procedures Reform Bill of 1937 in order to get the power to appoint up to 6 new justices for every supreme court member that is over 70 years.

Social Security Act

One of the successful social programs that FDR enacted during his presidency. It was one of his signature first-term accomplishments and was extremely favorable among the public. The social security act created the social security program and a form of unemployment insurance. The Social Security program was an old-age program funded by payroll taxes that ensures at retirement, as early as 65, every person was eligible to receive money from the government. Similarly, the unemployment insurance is also funded by payroll taxes and works as medical insurance for the unemployed who are not getting medical insurance through work. The Social Security Act was upheld by the Supreme Court with its expanding use of the general welfare clause in the Constitution.

Constitution Day Address (1937)

September 17, 1937 was the 150th anniversary of the signing of the Constitution, and the perfect opportunity for Roosevelt to tell the people how much he supported the Constitution with a liberal approach. He described the Constitution as "a layman's document, not a lawyer's contract," meaning that it was something that everyone could (and should) read and understand. He saw the document as something that was adaptable to help the ever-changing needs of all people. He calls back on the Founding Fathers very frequently, praising them for their foresight when writing such a long-lasting document directly after a revolution. FDR compared the situation in the United States to that of Europe, where dictatorships were arising because the law has not caught up to life. He ended by stressing the urgency of using the Constitution to the advantage of the people, stating that it is worthy of reverence "not because it is old, but because it is ever new." He wanted the people to support the flexibility of the Constitution now, and not get twenty years behind like they were when New Deal legislation first started. This speech was a great way for FDR to show the public that he still strongly valued the Constitution and everything it stands for just months after the Court-packing plan was defeated.

1936 Election

The 1936 Election is notable as an example of a landslide Presidential election in terms of electoral votes. Incumbent Franklin D. Roosevelt won 523 electoral votes against Alfred M. Landon, who won only 8 electoral votes. At the time, this was the most electoral votes won in such an election. A major factor in Landon's defeat was his failure to unite the Republican party on a particular platform, in contrast to FDR's success in building a strong coalition for the New Deal. Additional Info.: the Democrats gained 12 seats (bringing them to 334) in the House and 5 in the Senate (bringing them to 74), while the Republicans lost 15 seats in the House (bringing them to 88) and 5 in the Senate (bringing them to 17).

Agricultural Adjustment Act (AAA)

The AAA was one of FDR's early pieces of New Deal legislation (1933) that looked to boost the market and support farmers. In short, the AAA paid farmers not to farm in order to control the economic market of agricultural goods. During the Depression, struggling farmers increased the amount of product they were growing in order to support themselves financially. The effect of this was a large increase in supply, which lowered prices as agricultural goods became more available. This act aimed to reverse this trend by decreasing the supply of agricultural goods through incentives for farmers, which would effectively increase the demand and increase prices. Initially the act was a success, but farmers were still struggling by 1935. In addition, the act was challenged because of the constitutionality of the tax used to fund it. The incentives given to farmers were funded by a tax on the processing of goods like milling, meatpacking, manufacturing, canning, etc. The group that brought about this Supreme Court case was a milling company, Hoosac Cotton Mills, who believed that this "tax" was just a back door scheme to control and regulate agriculture, which is a local matter controlled by the state. In US v. Butler, the Supreme Court shot down the act, but did not necessarily set a detrimental precedent with it. The Court ruled the processing tax was not a power of the federal government through the Taxing and Spending clause of the Constitution. This clause can not be used to regulate economic commerce in cases where the Commerce Clause does not apply. Additionally, they stated that the federal government was picking winners and losers, especially because the companies paying the taxes were not directly benefiting from it. The Court also argued, going against this logic, that the federal government has broad power within the Taxing and Spending clause because of the use of the term "general welfare." This Hamiltonian view on expansive federal power was accepted by the Court, but they still thought this use of the clause went too far because this regulated strictly local activity and it wasn't really a tax.

Due Process Clause

The Due Process Clause is a part of the 14th Amendment. It says that states cannot "deprive any person of life, liberty, or property without due process of law." Many conservative ideologists used this to protect people and corporations from legislation that was restrictive of property rights. This became a massive difficulty of FDR when facing his conservative Supreme Court. The reevaluation of the due process clause into "substantive due process" created a path for judged to decide of legislation was just and reasonable or arbitrary and oppressive. This created barriers for social and economic legislation within the courts. One legal scholar described substantive due process as "the hub around which the whole Constitution now revolves." Prior to the Great Depression, the due process clause had been used to reflect economic liberty of contract in the way of laissez faire self help economics, however in the turn of FDR's presidency liberty of contract had to shift to allow states to have more freedom in their ability to intervene in economics and programs within their state. The Liberty of Contract ideal was brought out in multiple minimum wage cases during the great depression. One of which was in Tipaldo. In this case, the New York legislature had created a law that would set a minimum wage for women, but it was struck down due to liberty of contract within the Due Process clause. Justice Roberts then switched his stance in a different minimum wage case, Adkins, and upheld the ability to create a minimum wage using a different definition of liberty of contract.

Second New Deal

The Second New Deal was the second part of the new deal that was supposed to pick up what the new deal did not cover and to help the tension of the time after the depression. During this time of rejuvenation during the 100 days, millions of Americans were unemployed and believe that the new deal had not gone far enough because of this Roosevelt feared losing the 1936 presidential election so in order to better himself he passed the second new deal in 1935. The second new deal included the Social Security act (Lessened unemployment and gave out pensions), the Works Progress Administration (Also help with unemployment that was skill focused) and the Wagner act which created the National Labor Relations board that helped with labor disputes and taxes.

Tenth Amendment

The Tenth amendment poses the question whether a claimed federal power is delegated to the national government by the Constitution and is answered by the enumerated powers. Supreme Power mentions that a processing tax was not a real tax, and agriculture was purely a local activity therefore reserved under the tenth amendment to the states. An example of a violation of this constitution would be the federal government regulating intrastate commerce.

Fireside Chat on the Judiciary (1937)

The fireside chat on the judiciary was a radio broadcast held on the evening of March 9th 1937 by Franklin D. Roosevelt. During this broadcast, Roosevelt spoke on the Plan for Reorganization of the Judiciary, which included the proposal that whenever the Judge of a federal court reached age 70, a new Judge would be appointed by the President with approval of the Senate. According to Roosevelt, this would bring fresh faces to the Courts who had experience with the issues of the day, while also increasing efficiency at the federal level.

General Welfare Clause

The general welfare clause is expressed in Article I Section 8 of the Constitution. It gives Congress the"power to lay and collect taxes" for the "general welfare of the United States". It became important during the new deal when the AAA was in discussion of discontinuation because manufactures were to be taxed in order to subsidize farmers. There were two positions taken in this disagreement. There was Madison's stance that the General Welfare Clause was specific and exclusively meant for the Congressional powers that were exclusively mentioned in the Constitution, this did not include agriculture. The other side of the disagreement was of Hamilton's thinking that this clause was meant to be general. He believed it was "a broad and undefined grant of power, permitting Congress to tax and spend essentially as it saw fit." This side of the argument was saying that the courts did not have a right to determine the purpose of the general wellness clause and that it was meant to be controlled by Congress. In the end, the AAA was struck down, but it was not struck down because of the General Welfare Clause. In the majority opinion Justice Roberts actually releases from Madison's interpretation of the clause and agrees with Hamilton's stance. This is the first time we see any conservative justices do this. During FDR's 1932 and 1936 terms as president, the reach and understanding of the general welfare clause and Congress's power to tax and spend expanded massively. The general welfare clause was used by the courts to continue to allow the Social Security Act. Along with this the expansion of the general welfare clause allowed for the federal government to direct state action with the use of conditional federal funding grants.

Judicial Procedures Reform Act

This act is what is known as court packing, named by President Hoover. The bill required that whenever a Supreme Court justice over the age of 70 did not retire, the president could appoint a justice to fill a new seat, up to a limit of six. President Hoover played a large role in the way the public processed court packing. He suggested that before the legislature pass or void the bill, that they let the American people mull over what it may cause. This then created a large debate over what FDR's role was in the court and constitution. While many believed he had no place in either, there are variations of people believing he has a duty to interfere with one or another in order to fulfill his presidential duties. President Roosevelt heavily preferred the method of court-packing rather than a constitutional amendment. Even though the people had actively preferred and made it known that they favored an amendment, FDR thought the process would take to long. The ratification process would have taken much longer and needed much more support than the process of his court-packing plan. Many believe that this court-packing plan was not good because it was an attempt at being, as the book describes it, "sly" or "covert" rather than straight-forward. While the public supported Roosevelt in most ways, this may have hurt him slightly. When announced, this plan was getting international attention. Some was good, however some, such as the Nazi Party's support, wasn't doing great things for the image of the Act. FDR chose to not speak about his court packing plan throughout his re-election campaign in 1936 as suggested by those who were advising him. Though it was a talking point that the Republican nominee tried to use against him, FDR successfully avoided it. FDR then announced this plan late in the year of 1936 after he had won the election and it was not received well. The Republicans chose to stay silent and wait to see the reaction from the Democrats, as Republicans did not have much of a hand by themselves combating court packing. The Democrats who did not support the plan, in wake of the Republican's lack of reaction, spoke outwardly about their dislike of the Judicial Procedures Reform Act. Many Southern Democrats did not like this, as they believed court packing would have been used to end Jim Crow segregation through the SCOTUS. Many disenfranchised citizens believed that the change in the court may create instability that may further infringe upon their rights. Because of this, the announcement of the court packing plan did not start off on the right foot. As time went on, support for court-packing continued to dwindle. It was seen as "a cover attack" on the constitution and thus did not garner much support. Those who did support it saw drops in their support as public officials and newspapers with editorials in support saw drops in people looking at the column. In the end this plan was rejected widely.

Switch in time that saved nine

Throughout Roosevelt's presidency, one of the biggest challenges he faced was the majority-conservative New Deal which relentlessly struck down almost all of his New Deal programs. Frustrated, he and his administration finally came up with a proposal the expand the court. On April 12th, 1937, the Court ruled on three cases concerning the fate of the Wagner Act. Specifically, in National Labor Relations Board v. Jones & Laughlin Steel Corp., Hughes upheld the Wagner Act and determined that employees had the right to organize and select representatives to bargain on their behalf because it was their "fundamental right" and "often an essential condition of industrial peace". This "switch in time" was, however, possible because of Robert's shift from the Four Horsemen to siding with the Chief Justice and the liberals. Many in Washington were excited to hear this decision, and people called Jones & Laughlin the "switch in time that saved nine", which is a play on the maxim "A stitch in time saves nine". Many attributed this change to the pressure FDR put on the Court (Chapter 21-24).

U.S. v. Butler (1936)

U.S. v. Butler, which is a AAA case, where the question was "Did Congress exceed its constitutional taxing and spending powers with the [AAA] Act?" The 6-3 majority declared the Act unconstitutional because it attempted to regulate and control agricultural production, an arena reserved to the states. This goes back to the Spending Power Congress has in Article I Section 8. Since Congress used this spending power as an enforcement mechanism to control activity that was completely within the authority of states, it was a violation.

Willis van Devanter

Willis Van Devanter was one of the "Four Horsemen" on the Supreme Court. Originally born and raised in Indiana, Van Devanter moved to Wyoming after a few years of practicing law. There, he was appointed to chief justice of the Wyoming Supreme Court, but then resigned a year later in order to represent cattle companies and the Union Pacific Railroad because they were under federal investigation for fraud. He also served as Department of the Interior. At the federal level, Theodore Roosevelt appointed him as a federal judge, and Taft appointed him to a seat on the Supreme Court. In almost every decision, he consistently lined with the conservatives and voted in favor of big businesses. Due to his old age and "pen paralysis", he was not able to write many opinions. Though he was ready to retire even before FDR had been elected as president, he changed his mind when Congress slashed pensions of retired federal judges by half. He often complained that FDR's promises were empty and impossible ones. Having served as a Republican Party official years before becoming a Supreme Court justice, he followed every candidate's major speeches. When he attended the Gridiron Club dinner, he described the performances as lighthearted fusillade against the New Deal. Throughout the book, readers can see that Van Devanter often received letters from his friends about the Court's decisions. As one of the two oldest justices sitting on the Court (the other was Brandeis), Devanter was still going strong, according to Justice Hughes. However, FDR had later heard a rumor from a source close to McReynolds that that term may be the last for McReynolds, Sutherland, and Van Devanter, but said that he had no time to wait to see whether this came true or not (Chapter 14-17). He was the only justice aside from Roberts who had recorded his initial reaction to the Court plan; he greeted the news fatalistically and said that he would refrain from touching on the subject because the outcome is unknown, and spent time on his Ellicott City farm instead (Chapter 18-20). However, he soon became involved in the Court drama as he approved Hughes' letter that would be read to the Judiciary Committee by Burt Wheeler (Chapter 21-24). The biggest part of the Court drama he was involved in was his decision to retire from the Court. Many speculated to why he had decided to retire, and some assumed that he felt pressured by FDR's plan. This opening in the Court created another big issue for the Roosevelt administration because Roosevelt had promised Joe Robinson an appointment to the Court years ago (Chapter 25-27).

Carter v. Carter Coal

With the Carter v. Carter Coal Co., the Supreme Court overturned the Guffey Act. The Supreme Court had to interpret the Commerce Clause of the United States Constitution which permits Congress to regulate Commerce. The Supreme Court ruled 5-4 it was unconstitutional. Cardozo, Brandeis, Stone, and Hughes dissented.