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The President and the Court

Reinterpreting the Court-Packing Episode of 1937

Bibliographic Data

ID4294857
AuthorsMichael J Nelson (0000-0002-7665-7557, corresponding author), Michael Nelson (0000-0001-6917-4752)
Year1988
Volume103
Issue2
Pages267-293
Publication date1988-06-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenuePolitical Science Quarterly (JOURNAL)
Journal identifiersISSN: 0032-3195 • E-ISSN: 1538-165X
PublisherOxford University Press (OUP) (PUBLISHER)
DOI10.2307/2151184
OpenAlexW2331187016
LanguageEN
Citations received9

On 5 February 1937, Franklin D. Roosevelt, reacting to a long string of Supreme Court decisions that were hostile to New Deal, asked Congress to empower him to pack Court with as many as six new justices, one for every sitting justice 70 years or older who, having served at least ten years, declined to retire. The proposal was highly controversial from start, and whatever chance for passage may have had was lost that spring when Court abandoned its anti-New Deal posture in a series of cases that was instantly dubbed the switch in time that saved nine. A watered-down version of Court-packing plan was tabled into oblivion on 22 July 1937 by a Senate vote of 70 to 20. In 1939, reflecting on two years experience with a now compliant Court, Roosevelt proclaimed that although he had lost Court-packing battle, he had won war. Seventeen years later, James MacGregor Burns concluded that in view of breakdown of Grand Coalition in Democratic party that Courtpacking episode had triggered, it could be better said that he had lost battle, won campaign, but lost war

Criminal court · International law · Political science · American Constitutional Law and Politics · Judicial and Constitutional Studies · Law · Legal Systems and Judicial Processes

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    William E Leuchtenburg•The Yale Law Journal•1999

  • A Switch in Time Saves Nine

    Open Access•Jamie L Carson, Benjamin A Kleinerman•Public Choice•2002

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    Open Access•Eric Crampton, Andrew Farrant•Constitutional Political Economy•2004

  • Presidential Control of High Courts in Latin America

    Open Access•Aníbal Pérez-Liñán, Andrea Castagnola•Journal of Politics in Latin…•2009

  • Franklin Roosevelt and the Modern Presidency

    Open Access•Stephen Skowronek•Studies in American Political…•1992

  • The paradox of judicial reforms in Latin America

    Open Access•Andrea Castagnola, Aníbal Pérez-Liñán•Public Choice•2026

  • Electoral and Partisan Forces in the Roosevelt Era

    Jamie L Carson•Congress & the Presidency•2001

  • Party Time

    Open Access•Anna Mccaghren Fleming, Matthew Montgomery et al.•Social Science Quarterly•2025

  • Thinking About Economic Interests

    Open Access•M Stephen Weatherford, Boris Sergeyev•Political Behavior•2000

Unique citing works9
Citations per year0,26
Citation span1992 - 2026 (35)
Citation velocitycurrent
Highly citedNo
Citation typesNeutral: 8

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