President Franklin D. Roosevelts 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 didnt need FDRs provocation because the Court had already been moving toward curtailing constitutional protections for economic liberties.
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.
Other Independent Review articles by William F. Shughart II | ||
Spring 2020 | The Naked Emperor:Politics without Romance in The Calculus of Consent | |
Fall 2018 | Gordon Tullocks Critique of the Common Law | |
Summer 2017 | Robert D. Tollison:In Memoriam | |
[View All (8)] |