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.

Other Independent Review articles by William F. Shughart II
    Fall 2018   Gordon Tullock’s Critique of the Common Law
    Summer 2017   Robert D. Tollison
    Fall 2014   The Institutional Revolution
[View All (7)]