Court packing

Definition

Court packing refers to the practice of increasing the number of justices on a court, particularly the Supreme Court, to shift its ideological balance. This term became widely associated with President Franklin D. Roosevelt's 1937 proposal to add more justices in response to the Court's rulings against New Deal legislation. It highlights the tensions between the executive and judicial branches and raises questions about judicial independence and the interpretation of the Constitution.

5 Must Know Facts For Your Next Test

1. Franklin D. Roosevelt's court packing plan aimed to add up to six justices to the Supreme Court, raising the total from nine to fifteen.
2. The proposal was motivated by a series of Supreme Court decisions that struck down key New Deal legislation, which Roosevelt believed undermined his efforts to recover from the Great Depression.
3. Court packing faced significant backlash, including from within Roosevelt's own Democratic Party, leading to accusations that it threatened the independence of the judiciary.
4. Ultimately, Roosevelt's plan did not pass Congress, and it set a precedent for future political conflicts over judicial appointments and reforms.
5. The debate over court packing raised important issues regarding judicial independence, the limits of presidential power, and the role of the Supreme Court in American democracy.

Review Questions

• How did Franklin D. Roosevelt's court packing proposal reflect tensions between the executive and judicial branches?
  • Roosevelt's court packing proposal was a direct response to the Supreme Court's decisions that invalidated several New Deal programs, which he believed were essential for economic recovery. By attempting to increase the number of justices, Roosevelt aimed to reshape the Court's ideological balance in favor of his policies. This action highlighted the ongoing struggle between executive authority and judicial independence, as many viewed it as an attempt to undermine checks and balances within the government.
• Discuss how court packing challenges traditional views on separation of powers and judicial independence.
  • Court packing challenges traditional views on separation of powers by suggesting that the executive branch can exert influence over an independent judiciary by altering its composition. The idea that a sitting president could attempt to reshape the Supreme Court raises concerns about potential abuses of power and undermines public trust in judicial neutrality. This controversy illustrates how alterations in one branch can affect the dynamics among the legislative and judicial branches, thus altering their intended roles within American government.
• Evaluate the long-term implications of FDR's court packing proposal on future judicial appointments and reforms in American politics.
  • The long-term implications of FDR's court packing proposal have influenced how future presidents approach judicial appointments and reforms. The backlash against court packing solidified a norm against altering court size for political gain, reinforcing judicial independence as a core principle. However, it also set a precedent for ongoing political battles over judicial nominations and interpretations of judicial power, leading to heightened polarization in American politics regarding court influence in policy-making.

Related terms

judicial review: The power of courts to assess whether a law is in compliance with the Constitution, established by the landmark case Marbury v. Madison.

New Deal:

A series of programs and reforms enacted by President Franklin D. Roosevelt in response to the Great Depression aimed at economic recovery and social reform.

separation of powers: The division of government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another.