The Fireside Chats of Franklin Delano Roosevelt: Radio Addresses to the American People Broadcast Between 1933 and 1944Roosevelt, Franklin D. (Franklin Delano)
History
The Fireside Chats of Franklin Delano Roosevelt: Radio Addresses to the American People Broadcast Between 1933 and 1944
Roosevelt, Franklin D. (Franklin Delano)
Depressions -- 1929 -- United States -- Sources; New Deal, 1933-1939 -- Sources; Roosevelt, Franklin D. (Franklin Delano), 1882-1945 -- Oratory -- Sources; Roosevelt, Franklin D. (Franklin Delano), 1882-1945 -- Political and social views -- Sources; United States -- Economic conditions -- 1918-1945
What is my proposal? It is simply this: whenever a judge or justice
of any federal court has reached the age of seventy and does not
avail himself of the opportunity to retire on a pension, a new
member shall be appointed by the President then in office, with the
approval, as required by the Constitution, of the Senate of the
United States.
That plan has two chief purposes. By bringing into the judicial
system a steady and continuing stream of new and younger blood, I
hope, first, to make the administration of all federal justice
speedier and, therefore, less costly; secondly, to bring to the
decision of social and economic problems younger men who have had
personal experience and contact with modern facts and circumstances
under which average men have to live and work. This plan will save
our national Constitution from hardening of the judicial arteries.
The number of judges to be appointed would depend wholly on the
decision of present judges now over seventy, or those who would
subsequently reach the age of seventy.
If, for instance, any one of the six justices of the Supreme Court
now over the age of seventy should retire as provided under the
plan, no additional place would be created. Consequently, although
there never can be more than fifteen, there may be only fourteen,
or thirteen, or twelve. And there may be only nine.
There is nothing novel or radical about this idea. It seeks to
maintain the federal bench in full vigor. It has been discussed and
approved by many persons of high authority ever since a similar
proposal passed the House of Representatives in 1869.
Why was the age fixed at seventy? Because the laws of many states,
the practice of the Civil Service, the regulations of the Army and
Navy, and the rules of many of our universities and of almost every
great private business enterprise, commonly fix the retirement age
at seventy years or less.
The statute would apply to all the courts in the federal system.
There is general approval so far as the lower federal courts are
concerned. The plan has met opposition only so far as the Supreme
Court of the United States itself is concerned. If such a plan is
good for the lower courts it certainly ought to be equally good for
the highest court from which there is no appeal.
Those opposing this plan have sought to arouse prejudice and fear
by crying that I am seeking to "pack" the Supreme Court and that a
baneful precedent will be established.
What do they mean by the words "packing the Court"?
Let me answer this question with a bluntness that will end all
_honest_ misunderstanding of my purposes.
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