History That Doesn't Suck: Episode 176 Summary

Title: FDR v. “The Nine Old Men” (The New Deal pt. 3): Court Packing and Closing the New Deal
Host: Prof. Greg Jackson
Release Date: March 24, 2025

Introduction to the Supreme Court and FDR's Challenge

The episode begins with President Franklin Delano Roosevelt (FDR) feeling increasingly frustrated with the conservative Supreme Court, often referred to as “The Nine Old Men.” The Court had consistently struck down New Deal legislation, ruling against FDR in 11 out of 16 cases, signaling a significant obstacle to his efforts to combat the Great Depression.

Notable Quote:

• FDR at invitation to toast the Supreme Court dinner:
  “The time for action with respect to the Supreme Court really cannot be postponed and unpleasant as it is, I think we have to face it.”
  (Timestamp: 00:00)

The Anatomy of the Supreme Court

Prof. Greg Jackson provides a historical overview of the Supreme Court's evolution, emphasizing its constitutional foundations and the shifting number of justices over time. Originally established with six members, the Court fluctuated in size before settling at nine justices in 1869—a number it maintained for nearly 70 years up to FDR's administration.

Key Points:

• Article 3, Section 1 of the Constitution:
  Establishes the judiciary, including the Supreme Court, but leaves details like the number of justices to Congress.

• Historical Context:

  • Initial establishment with six justices in 1789.
  • Changes in the number of justices over the years, stabilizing at nine in 1869.
  • The Supreme Court’s minimal role in its early years, primarily involving circuit riding.

FDR's Court Packing Plan Unveiled

In February 1937, FDR publicly proposed a plan to expand the Supreme Court from nine to fifteen justices. Officially titled the Judicial Procedures Reform Bill, FDR argued that the Court was overburdened and that additional justices would enhance its efficiency and adaptability to modern conditions.

Notable Quote:

• FDR in press conference:
  “I want a bill that will empower the President of the United States to be able to appoint another Supreme Court justice every time a current judge hits a combined 10 years of service and 70 years of age.”
  (Timestamp: 01:00)

Implications:

• Purposefully vague in constitutionality, challenging longstanding precedents rather than the Constitution itself.
• Aimed at undermining the conservative majority that opposed the New Deal.

Public and Political Backlash

FDR's proposal was met with swift and severe criticism from various quarters, including newspapers, political figures, and members of Congress. Many perceived the plan as a blatant power grab, undermining the system of checks and balances.

Notable Quotes:

• The Des Moines Register:
  “Executive aggrandizement is not safe for democracy.”

• The Chicago Tribune:
  “Roosevelt's court program precipitating the greatest constitutional crisis since slavery.”

(Timestamp: 31:15)

Key Figures:

• Senator Burton Wheeler:
  A progressive Democrat from Montana genuinely opposed FDR's plan, viewing it as an unconstitutional power grab threatening the balance of government.

FDR's Fireside Chat: Winning Public Support

In an attempt to sway public opinion, FDR delivered a fireside chat on March 9, 1937. He likened the government to a three-horse team, with the Supreme Court being the out-of-sync third horse. FDR emphasized the need for coordination among the branches to effectively address the nation's challenges.

Notable Quote:

• FDR during Fireside Chat:
  “If, by that phrase, packing the court, it is charged that I wish to place on the bench spineless puppets who would disregard the law... then I say that I, and with me, the vast majority of the American people, favor doing just that thing.”

(Timestamp: 20:49)

Senate Judiciary Committee Hearings

Senator Burton Wheeler took a prominent role in opposing the Court Packing Plan. During the hearings, Wheeler presented a letter from Chief Justice Charles Evans Hughes, asserting that the Supreme Court was not overburdened and that FDR's plan was unnecessary.

Notable Quote:

• Senator Burton Wheeler:
  “I have here now a letter by the Chief Justice of the Supreme Court, Mr. Charles Evans Hughes... Our Supreme Court is fully abreast of its work.”

(Timestamp: 28:00)

Outcome:

• The letter effectively undermined FDR's primary justification for expanding the Court.
• Public and congressional support for the plan began to wane as the opposition gained momentum.

The Senate Floor Battle and Political Turmoil

As debates intensified in the Senate, tensions escalated, culminating in June 1937. Attempts to filibuster the bill led to chaos and personal confrontations among senators, notably resulting in the death of Senate Majority Leader Joe Robinson from a heart attack amidst the heated debates.

Key Events:

• July 12, 1937:
  The Senate voted 70 to 20 against the Court Packing Plan, effectively nullifying FDR's efforts. The plan was seen as a political blunder, damaging FDR's standing within his own party and the broader political landscape.

Shift in the Supreme Court's Stance

Despite the failure of the Court Packing Plan, the Supreme Court began to rule more favorably towards New Deal legislation. This shift is often attributed to Justice Owen Roberts, whose pivotal vote in the West Coast Hotel Co. v. Parrish case signaled the end of the Court's conservative stance against the New Deal.

Notable Quote:

• Historian Maury Maverick:
  “Owen's change the greatest constitutional somersault in history.”

(Timestamp: 31:15)

Impact:

• Marked the beginning of the Court’s acceptance of New Deal policies.
• Ensured the continuation and eventual success of FDR’s legislative agenda.

Eleanor Roosevelt and Civil Rights Advocacy

Parallel to FDR's political battles, Eleanor Roosevelt emerged as a formidable advocate for civil rights. Her resignation from the Daughters of the American Revolution in protest of racial discrimination led to the historic Marian Anderson concert at the Lincoln Memorial, symbolizing a significant moment in the civil rights movement.

Notable Quote:

• Eleanor Roosevelt in resignation letter:
  “I am in complete disagreement with the attitude taken in refusing Constitution hall to agree.”

(Timestamp: 62:17)

Significance:

• Highlighted the ongoing struggle against racial segregation and discrimination.
• Demonstrated the Roosevelts' commitment to social justice and equality.

Legacy of the New Deal and the Court Battle

The episode concludes by reflecting on the long-term effects of FDR's New Deal and the Supreme Court's transformation. While the Court Packing Plan was a political failure, the ensuing alliance between FDR and the more liberal justices ensured the survival and expansion of New Deal policies, ultimately reshaping American governance and society.

Historical Perspectives:

• 1950s:
  The New Deal is lauded as a cornerstone of American democracy and capitalism.

• 1960s:
  Historians begin to critique the New Deal's shortcomings, particularly its impact on minorities and systemic inequalities.

• 21st Century:
  The New Deal is recognized for its profound influence on government role and infrastructure, despite its imperfections.

Notable Quote:

• Historian Jeff Chessel:
  “All sides responded to the emergency as they themselves defined it.”

(Timestamp: 63:53)

Conclusion

Episode 176 of "History That Doesn't Suck" intricately weaves the narrative of FDR's contentious relationship with the Supreme Court, the political maneuvering surrounding the Court Packing Plan, and the eventual realignment of the Court that favored New Deal legislation. Additionally, it highlights Eleanor Roosevelt's pivotal role in advancing civil rights, underscoring the multifaceted legacy of the Roosevelts during the tumultuous 1930s.

Final Thoughts: The episode underscores the delicate balance between executive ambition and institutional integrity, illustrating how FDR's aggressive push against the Supreme Court ultimately led to its transformation and the strengthening of New Deal policies. It also emphasizes the broader social changes driven by the Roosevelts, particularly in the realm of civil rights.

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