FDR and the Supreme Court

Since the days of John Marshall and Marbury v. Madison, there has been a battle brewing between the head of the judicial branch, the Supreme Court, and the Chief Executive of the United States, the President. This battle has centered around the issue of the relationship between the three branches of government and how they maintain balance. No single moment in history so defined this discussion than the judicial crisis that occurred in 1937. Amidst allegations that the Court was assuming legislative powers, President Roosevelt sought to remedy the failure of his programs in the Supreme Court by changing the construction of the judiciary. This battle over which side was right and which side was within its powers ensured for a very short time but last long enough for its mark to be felt even today. The battle over the constitutionality of the New Deal pitted the Supreme Court, which based its arguments on history and tradition, against the Roosevelt administration, which had a sense of justice, reform, and a form of “living” law. Roosevelt may not have won the battle over Court reform, but he won the war over the New Deal.