Summer Reading 2011: "Supreme Power: Franklin Roosevelt vs. The Supreme Court"

By Jeff Shesol

Score: 5 / 5
Category: Law, Presidents, Supreme Court, History, Educational

Strongly Recommended

My Thoughts:  This was a really interesting about about the New Deal period.  Too often we learn about the "court packing plan" without actually learning the facts about the plan or the surrounding circumstances.  This book fills the gap perfectly.

The book opens with a long explanation of FDR's first term in office, his political rivalries, and the conservative intransigence that would later characterize the conservative block on the Court.  Of particular interest is the American Liberty League, which bears a striking resemblance to today's TEA Party.  The League spouted a return to "constitutional principles" and "small government."  This call worked well in a time when FDR was expanding the size of the federal government and the power of the president.  Unfortunately for them, they quickly became a caricature of themselves and lost all credibility (much like the TEA Party of today).  In his second election he decimated the Conservative opposition.

With his victory in both the executive and legislative branches, the Conservative block on the court dug their heels in and the two moderates (C.J. Hughes and J. Roberts) migrated to the conservative block on a number of occasions giving them the commanding 5 or 6 vote majorities they needed to overturn the president's agenda.  The actual court packing plan itself went through many stages and court packing wasn't even a realistic option until later in the process.  Many congressmen preferred constitutional amendments limiting the power of the court or giving congress a veto over court decisions.  When court packing did become the plan, FDR didn't want 15 justices, he wanted one justice for each justice over 70 years of age.  The number of new justices just happened to be 15.  Realistically, FDR was only one justice away from a stable majority, so he didn't need to add 6 to make his agenda work.  He just wanted a strong majority that could completely dominate the Conservative justices.

What is particularly interesting is how forcefully FDR continued to push his court packing plan even after Hughes and Roberts switched to the liberal block giving FDR the majority he so desired.  Fortunately, the congress saw the change on the court as a good solution that didn't involve passing an unpopular and potentially damaging bill that would certainly turn the court into a political football (or at least more so than it already is).

The perspectives of the justices through their personal corespondences with friends, family, and clreks are also a very interesting part of the book.  It's quite interesting to hear the vitriol of Justice McReynolds, and the reverence of Justice Brandais for the institution of the court (who opposed the plan even though it would have given him a majority).

This is an excellent book for those interested in history and the law, presidential power, and/or the Supreme Court.

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