How Has Court Packing Shaped Supreme Court Size?

TL;DR

Court packing, notably attempted by FDR, has influenced the structure of the Supreme Court, which Congress can adjust. While the idea of term limits for justices has gained traction as a reform, it raises constitutional questions. Ultimately, changes to the Court's makeup often rely on waiting for vacancies or political consensus.

Transcript

in 1937 president roosevelt had a problem a majority on the supreme court led by these guys the conservative wing known as the four horsemen had spent the previous years striking down many of the laws passed as part of roosevelt's new deal so fdr decided his next reform would be the court itself for each justice over the age of 70 and there were i ... Read More

Key Insights

• ✊ The Constitution does not specify the size of the Supreme Court, giving Congress the power to determine it based on the needs of the nation.
• 💱 The Supreme Court's size has changed throughout history due to political circumstances and considerations.
• 🙃 FDR's court packing plan was defeated but ultimately influenced the Court's decision-making by prompting one justice to switch sides.
• 👨‍⚖️ Expanding the Supreme Court presents challenges, as future presidents and Congresses could continue to add justices, potentially eroding its independence.
• 👨‍⚖️ Term limits for justices have been proposed, but their constitutionality and compatibility with the Court's independence are subject to debate.
• 🤗 Waiting for a vacancy to open up on the Court remains the most conventional and straightforward way to alter its makeup.

Questions & Answers

Q: Why did FDR propose to expand the size of the Supreme Court?

FDR wanted to counter the conservative majority on the Court that was striking down many of his New Deal policies and gain more control over its rulings.

Q: How did Congress respond to FDR's court packing plan?

Congress overwhelmingly voted down FDR's proposal, as both sitting justices and many senators thought it would undermine the legitimacy of the Court and grant FDR too much power.

Q: Can the size of the Supreme Court be changed by the President?

No, the size of the Court is determined by Congress through legislation. The Constitution only grants the President the power to nominate justices.

Q: What alternatives to court packing have been proposed as potential reforms?

One idea gaining traction is to establish term limits for Supreme Court justices, creating a staggered system where a new justice is confirmed every two years. This would require a constitutional amendment.

Summary & Key Takeaways

• President Roosevelt attempted to increase the size of the Supreme Court to gain favorable rulings on his New Deal policies, but the proposal was defeated in Congress.

• The Constitution gives Congress the power to determine the size of the Supreme Court, and it has been adjusted throughout history in response to political circumstances.

• Alternatives to court packing, such as term limits for justices, have been proposed as potential reforms but present challenges and may require constitutional amendments.