I.
THE PRESIDENT'S DILEMMA

The basis of our political system is the right of the people to make and alter their constitution of government at will.

—George Washington

No GOVERNMENTAL issue since the "tragic era" following the Civil War has caused more thorough soul-searching on the part of the United States than the proposal to remodel the Supreme Court. The people as well as their representatives are aware of the fact that a dramatic chapter in our history is being written. Indeed, they are helping to write it. Street-corner discussions, arguments at restaurant tables, a seemingly endless stream of radio addresses and newspaper reports, protracted hearings before the Senate Judiciary Committee and animated congressional debates are sufficient evidence that our national conscience has been deeply stirred.

There is good reason to believe that President Roosevelt did not realize, when he struck at our so‐ called "static judiciary," that he would shatter a hornet's nest. His dramatic move came at a moment when he occupied a position of leadership almost unprecedented in the United States. Throughout four years of struggle with the forces

-1-

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The Supreme Court Crisis
Table of contents

Table of contents

  • About the Editor *
  • The Supreme Court Crisis *
  • Foreword v
  • Contents *
  • I. the President's Dilemma 1
  • Ii. a Case Built on Sand 1o
  • Iii. Mr. Justice Roosevelt 22
  • Iv. the Balance Wheel of Democracy 29
  • V. is the Hughes Court Packed? 4o
  • Vi. the Verdict of History 54
  • Vii. the Real Mandate from the People 63
  • Viii. More Honored in the Breach 75
  • Ix. What is the Crisis? 81
  • X. the Constitutional Way 88
  • Xi. Conclusions 102
  • Bibliography 1o7
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