II.
A CASE BUILT ON SAND

The addition to our number has most sensibly affected our facility as well as the rapidity of doing business. ... We found ourselves often involved in long and very tedious debates. I verily believe, that if there were twelve judges we should do no business at all or at least very little.

—Justice Joseph Story

To UNDERSTAND the early trends of the controversy over the Supreme Court it is necessary to examine the insulation in which the President packed his bombshell before sending it to Congress. Instead of bluntly asking for authority to appoint new justices who could be expected to interpret the Constitution in harmony with the President's wishes, he evasively proposed an extensive reorganization of our judicial system. His message of February 5 gave the distinct impression that its foremost purpose was to enhance the working efficiency of the courts.

Congress was informed that

"one of its definite duties" is "constantly to maintain the effective functioning of the federal judiciary."
The President sketched a dark picture of delay and consequent injustice in the courts. To this Attorney General Cummings added a few deft touches that were decidedly out of harmony with the annual re

-1o-

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