FDR v. The Constitution: The Court-Packing Fight and the Triumph of Democracy [Hardcover]

Burt Solomon (Author)

Book Description

ISBN-10: 0802715893 | ISBN-13: 978-0802715890 | Publication Date: January 6, 2009 | Edition: First Edition

The fascinating, behind-the-scenes story of Franklin Roosevelt’s attempt to pack the Supreme Court has special resonance today as we debate the limits of presidential authority.

The Supreme Court has generated many dramatic stories, none more so than the one that began on February 5, 1937. Franklin Delano Roosevelt, confident in his recent landslide reelection and frustrated by a Court that had overturned much of his New Deal legislation, stunned Congress and the American people with his announced intention to add six new justices. Even though the now-famous “court packing” scheme divided his own party, almost everyone assumed FDR would get his way and reverse the Court’s conservative stance and long-standing laissez-faire support of corporate America, so persuasive and powerful had he become. I n the end, however, a Supreme Court justice, Owen Roberts, who cast off precedent in the interests of principle, and a Democratic senator from Montana, Burton K. Wheeler, led an effort that turned an apparently unstoppable proposal into a humiliating rejection—and preserved the Constitution.

FDR v. Constitution is the colorful story behind 168 days that riveted—and reshaped—the nation. Burt Solomon skillfully recounts the major New Deal initiatives of FDR’s first term and the rulings that overturned them, chronicling as well the politics and personalities on the Supreme Court—from the brilliant octogenarian Louis Brandeis, to the politically minded chief justice, Charles Evans Hughes, to the mercurial Roberts, whose “switch in time saved nine.” T he ebb and flow of one of the momentous set pieces in American history placed the inner workings of the nation’s capital on full view as the three branches of our government squared off.

Ironically for FDR, the Court that emerged from this struggle shifted on its own to a liberal attitude, where it would largely remain for another seven decades. Placing the greatest miscalculation of FDR’s career in context past and present, Solomon offers a reminder of the perennial temptation toward an imperial presidency that the founders had always feared.

Editorial Reviews

From Publishers Weekly

During his first term as president, FDR became frustrated by a Supreme Court with a majority of Republican appointees that routinely ruled unconstitutional various New Deal initiatives in narrow 5 to 4 votes. Most particularly, the Court crippled the National Industrial Recovery Act of 1933—the very heart of FDR's prescription for economic recovery. As Solomon (The Washington Century: Three Families and the Shaping of the Nation's Capital) shows in this compelling and painstakingly researched study, after being re-elected by a large plurality in 1936, FDR attempted to revive a long-dead proposal, arguing that all Supreme Court justices 70 years or older either retire or the president be allowed to appoint a tandem judge to serve side-by-side with the older justice. This formula would have allowed FDR to shift the Court's balance of power. Solomon eloquently reveals how the proposal—hotly debated in Congress and characterized as a direct challenge to the fundamental principles of the Founders—eventually resulted in a stunning and humiliating defeat for FDR, sharply dividing members of his own party in the process. Photos. (Jan.)
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From Booklist

Probably FDR’s most consequential political miscue as president—his proposal in 1937 to increase the membership of the Supreme Court—is the topic of journalist Solomon’s lively historical narrative. Bringing forth the important political players, Solomon highlights FDR and his conservative antagonists on the Court, who had invalidated many New Deal programs. Professing to lighten their labors with his proposal, FDR dissembled about his true aim of appointing new liberal justices, which even stout New Dealers sensed as a dangerous presidential power-grab: a key Democratic congressman said, “Boys, here’s where I cash in my chips.” That, a refutation of the overwork thesis by Chief Justice Charles Evans Hughes, and an impassioned defense of the Supreme Court’s independence by Montana senator Burton Wheeler defeated the plan. Parallel to recounting the public politics, Solomon dramatizes the Court’s internal politics in response to the institutional threat it felt, including—most memorably for historical lore—“a switch in time saved nine,” pro–New Deal votes by hitherto anti–New Dealer Justice Owen Roberts. A fluid portrayal of the court-packing episode that will appeal to history buffs. --Gilbert Taylor

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Product Details

• Hardcover: 352 pages
• Publisher: Walker & Company; First Edition edition (January 6, 2009)
• Language: English
• ISBN-10: 0802715893
• ISBN-13: 978-0802715890
• Product Dimensions: 9.3 x 6.2 x 1.4 inches
• Shipping Weight: 1.6 pounds
• Average Customer Review: 4.0 out of 5 stars  See all reviews (12 customer reviews)
• Amazon Best Sellers Rank: #1,094,953 in Books (See Top 100 in Books)

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21 of 21 people found the following review helpful:

5.0 out of 5 stars A Fresh Look at FDR and Court Packing, January 21, 2009

By 

Ronald H. Clark (WASHINGTON, DC USA) - See all my reviews
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This review is from: FDR v. The Constitution: The Court-Packing Fight and the Triumph of Democracy (Hardcover)

My first reaction when I saw this book was to ask why did we need yet another book on the 1937 court packing episode? After all, there are already outstanding studies by (among others) Leonard Baker, Marian McKenna (the first book I reviewed on Amazon), Robert Shogan, and the grand-daddy of all studies, Alsop and Catledge's "The 168 Days" published in 1938. I was pleased to discover, once I got into the book, that the author, a correspondent for the respected "National Journal" here in Washington, offered a somewhat unique perspective. That is, the author sees this as much more an opportunity for studying the human dynamic (my term) rather than just a political event. Therefore, he paints substantial pictures of some of the key actors who usually get scant attention in other studies: Justice Roberts (a superb analysis); Senator Burton K. Wheeler (who led the opposition to his own president's proposal); Attorney General Homer Cummings; Senator Joe Robinson (who led the pro-plan forces); and "Cactus Jack" aka Vice President John Nance Garner. Moreover, the book is based heavily upon contemporary press accounts and archival research, buttressed by the author's unique interviews of surviving relatives of the key players (such as Wheeler's youngest daughter who provided important information).

The book also offers a classic case study of the FDR methods of persuasion and manipulation. From threats and fireside chats to "harmony meetings," FDR tried every trick in his book to secure a victory which nonetheless eluded him. Since to live in Washington is to be surrounded by history, I especially appreciated the fact that the author identifies by address important locales in his story. Thereby, I learned that Justice Van Devanter (whose resignation severely undermined support for the plan) and Senator Borah both lived in our building, along with Justice Cardozo. In conjunction with the novel aspects of this book, the author has written a first-class solid historical study as well. To be sure there are a very few mistakes: CIO stands for the Congress of Industrial Organizations; the Supreme Court does not hand down "verdicts"; the "priviliges and immunities clause is not part of the equal protection clause of the 14th amendment. But these are trifles in comparison with the overwhelming contributions of this study. The author has included 42 pages of notes (which document his extraordinary research effort), some impressive photographic illustrations, and a brief bibliography. Our understanding of the court packing episode has taken a big step toward being complete thanks to this fine study.

5 of 6 people found the following review helpful:

5.0 out of 5 stars Great Story and It Is True, August 25, 2009

By 

Gerald Swimmer "manursing" (Rye, New York United States) - See all my reviews
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This review is from: FDR v. The Constitution: The Court-Packing Fight and the Triumph of Democracy (Hardcover)

I just finished rereading Advice and Consent and played the game which others have played of trying to figure out how much was true. Then I picked up FDR and the Constitution and amazingly it was a strickingly similar story, except this one is true. It has Roosevelt, a strong Senator, a crucial death and ambiguity as to what is correct. Actually FDR was better.

The strength of the book are the character studies from Garner to Brandeis, to Wheeler, to Roberts and most impressively Hughes. Also one can not read this without thinking about the importance of chance in history. What if Robinson did not die. What if Roberts did not change his position.

Also the question to think about is how our system works to keep the various branches in tune with the popular views. That thought is most interesting with our court now.

Lastly at least one vote for a living constitution.

1 of 1 people found the following review helpful:

5.0 out of 5 stars A Very Good Book on a Very Specific Topic, November 26, 2010

By 

William (United States) - See all my reviews
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This review is from: FDR v. The Constitution: The Court-Packing Fight and the Triumph of Democracy (Paperback)

This is a very readable book covering a pivotal period in American constitutional history. The period, often referred to as the Constitutional Revolution of 1937, was an important turning point in constitutional law, and this book covers the topic very well. It is well researched and well presented.

For a better perspective on the topic, I recommend reading both FDR v. The Constitution and Supreme Power: Franklin Roosevelt vs. the Supreme Court, which offers even more depth and a different perspective. The different perspectives of the two books provide a more complete picture of the events and people who lived those events.

Finally, if you want to complete the picture read The Forgotten Memoir of John Knox: A Year in the Life of a Supreme Court Clerk in FDR's Washington. This book presents a behind the curtain view of the year 1937 in the chambers of the Court's most cantankerous and dislikable Justice. It offers a very personal view of several other Justices as well.