Bending before the Storm: The U.S. Supreme Court in Economic Crisis, 1935-1937
By William F. Shughart II
This article appeared in the Summer 2004 issue of The Independent Review

President Franklin D. Roosevelt’s threat to pack the U.S. Supreme Court with appointees predisposed to uphold the constitutionality of his New Deal programs was an unnecessary risk of political capital. The so-called constitutional revolution of 1937 didn’t need FDR’s provocation because the Court had already been moving toward curtailing constitutional protections for economic liberties.





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