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
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
and would decide specific cases as I wished them to be decided, I
make this answer: that no President fit for his office would
appoint, and no Senate of honorable men fit for their office would
confirm, that kind of appointees to the Supreme Court.
But if by that phrase the charge is made that I would appoint and
the Senate would confirm justices worthy to sit beside present
members of the Court who understand those modern conditions, that I
will appoint justices who will not undertake to override the
judgment of the Congress on legislative policy, that I will appoint
justices who will act as justices and not as legislators--if the
appointment of such justices can be called "packing the Courts,"
then I say that I and with me the vast majority of the American
people favor doing just that thing--now.
Is it a dangerous precedent for the Congress to change the number
of the justices? The Congress has always had, and will have, that
power. The number of justices has been changed several times
before, in the administration of John Adams and Thomas Jefferson--
both signers of the Declaration of Independence--Andrew Jackson,
Abraham Lincoln and Ulysses S. Grant.
I suggest only the addition of justices to the bench in accordance
with a clearly defined principle relating to a clearly defined age
limit. Fundamentally, if in the future, America cannot trust the
Congress it elects to refrain from abuse of our Constitutional
usages, democracy will have failed far beyond the importance to it
of any king of precedent concerning the judiciary.
We think it so much in the public interest to maintain a vigorous
judiciary that we encourage the retirement of elderly judges by
offering them a life pension at full salary. Why then should we
leave the fulfillment of this public policy to chance or make
independent on upon the desire or prejudice of any individual
justice?
It is the clear intention of our public policy to provide for a
constant flow of new and younger blood into the judiciary. Normally
every President appoints a large number of district and circuit
court judges and a few members of the Supreme Court. Until my first
term practically every President of the United States has appointed
at least one member of the Supreme Court. President Taft appointed
five members and named a Chief Justice; President Wilson, three;
President Harding, four, including a Chief Justice; President
Coolidge, one; President Hoover, three, including a Chief Justice.
Such a succession of appointments should have provided a Court
well-balanced as to age. But chance and the disinclination of
individuals to leave the Supreme bench have now given us a Court in
which five justices will be over seventy-five years of age before
next June and one over seventy. Thus a sound public policy has been
defeated.
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