Anonymous asked in Arts & HumanitiesHistory · 6 years ago

What did FDR do to prevent his New Deal Programs from being declared unconstitutional by the US Supreme Court?

What did FDR do to prevent his New Deal Programs from being declared unconstitutional by the US Supreme Court? Did he succeed in his attempt? Explain.

3 Answers

  • 6 years ago
    Favorite Answer

    [Franklin D. Roosevelt] appointed Associate Justice Hugo Black who combined with fellow justice Owen J. Roberts overrode the infamous Four Horsemen (conservative Justices Pierce Butler, James Clark McReynolds, George Sutherland and Willis Van Devanter) that held wedded to Lochner Era economics. Roberts appointment to the Court saw a shift in jurisprudence beginning with West Coast Hotel Co. v. Parrish, 300 U.S. 379 (1937) (minimum wage upheld) and National Labor Relations Board v. Jones & Laughlin Steel Corporation, 301 U.S. 1 (1937) (expansion of Congressional power under commerce clause) and cases from Lochner v. New York, 198 U.S. 45 (1905) ("liberty of contract"). Roberts switch is coined, the "switch in time that same nine." Afterwards, President Franklin D. Roosevelt's New Deal legislation was thereafter generally upheld by the Supreme Court of the United States (SCOTUS) in labor (National Labor Relations Act of 1935 aka Wagner Act); Fair Labor Standards Act of 1938 (wage, hour and overtime; child labor laws upheld and still with us today); Revenue Act of 1935 passed; numerous public works projects passed an completed, etc. Justice Black joined with Roberts and the "Three Musketeers" (Justices Louis Brandeis, Benjamin Cardozo and Harlan Fiske Stone) formed the Court's new majority. Roberts and Hughes switched to the liberal side in several key decisions; within a year, Van Devanter and Sutherland retired to be replaced by Hugo Black and Stanley Reed, strong New Dealers. This ended the Four Horsemen's sway. By 1941, Brandeis, Cardozo, Butler, McReynolds, and Hughes were also gone. Only Stone and Roberts remained, and by then Stone had been elevated to the position of Chief Justice. From 1935 forward is known as the "Second New Deal" period where issues dealing with Social Security, Labor Relations, Works Progress Administration (WPA), Tax policy, and housing were addressed [with far better results than the First New Deal].

    Source(s): Advanced degrees in Political Science and History
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  • 6 years ago

    He had an interesting plan to induce the old judges to retire or to supplant them: any justice over 70 could retire at full pay. If he *didn't* retire when eligible, an "assistant" justice with full voting rights would be appointed. This might have increased the court from 9 to 15 justices, and the idea was that FDR would pack the court with sympathetic judges.

    He did not succeed.

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  • tuffy
    Lv 7
    6 years ago

    He tried to increase the size of SCOTUS with all liberal judges.

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