Source: 32fr header sm, The White House

President Franklin D. Roosevelt was elected the 32nd President of the United States. Roosevelt was elected during one of the United States’ most devastating economic declines in history. The nation had experienced the crash of the stock market, the failures of its banking system, and high unemployment rates. Most Americans had experienced loss in ways that no American had experienced before.

Roosevelt was charged with repairing the economy and putting Americans back to work. His plan, the New Deal, was aimed at ending the economic crisis. With his executive power and the help of the legislative branch, Roosevelt developed a multitude of reform programs. Congress supported Roosevelt by approving most of the programs without great resistance. The New Deal programs were implemented quickly so that American citizens could benefit from them. Within the first 100 days of his presidency, many of the New Deal programs were underway.

Source: Crane operator at TVA's Douglas Dam, Tennessee, Alfred Palmer, Library of Congress

The New Deal programs were large in number. Known as the alphabet agencies, the programs focused on work relief, labor and banking reform. There were programs that supported farmers and those who lived in rural areas; other programs serviced business owners to help regulate businesses.

Source: Supreme Court 1932, Mhym, Wikimedia

The New Deal programs required the federal government to support the people of the United States. However, not everyone was pleased with the New Deal. There were several lawsuits brought before the Supreme Court. Initially, the Supreme Court supported the New Deal in cases that were brought before them, but by 1935, the majority of the justices, pictured above, began to change views on government involvement in the private affairs of the people.

In 1935, the Supreme Court declared two major programs unconstitutional, halting the progress of the New Deal.

• The court found the AAA unconstitutional. The Agricultural Adjustment Act was an act aimed at helping farmers by reducing crop production to increase prices. This act was found unconstitutional based on the idea that assistance to farmers should come from the state.
• The court found the NIRA unconstitutional. The National Industrial Recovery Act was an act that created alliances of industrial self-regulation where prices and wages were fixed, and created new codes for fair competition. The act also allowed for employees to organize, participate in collective bargaining, and join a labor union. The Supreme Court based its decision on the fact that Roosevelt took actions, such as writing specific codes (laws) and regulating interstate commerce that were delegated to Congress.

Something to think about: Do you agree with the Supreme Court that these acts were unconstitutional?

By 1936, Roosevelt was reelected and proposed a new plan. His new plan called for changes within the Supreme Court. The “Court-Packing Plan,” as Roosevelt’s proposal was called, involved adding a new justice to the Supreme Court each time a sitting justice turned 70 years old without retiring. Additionally, he proposed a lucrative pension program for federal judges who retired. The plan did not work; in fact, it caused many people to think that the executive branch was interfering with the power of the other two branches. Some feared that the president was ignoring the separation of powers that the constitution provided.

Why do you think Roosevelt proposed to replace justices who were 70 years old? How would this proposal help Roosevelt‘s agenda?

Interactive popup. Assistance may be required.

Click here to compare your answer.

Roosevelt proposed to replace older justices because he felt they were out of touch with what Americans were experiencing at the time. By adding new and younger justices, Roosevelt would have an easier time getting his legislations upheld.

Source: To Furnish the Supreme Court Practical Assistance, The University of Virginia

Analyze the cartoon: Do you think the cartoon shown above supports or does not support the way most Americans felt about Roosevelt’s proposal? Whom is the cartoonist portraying in the first row (seated)? What is the significance of the multiple FDRs in the background? What act is referred to on the document that FDR holds at the bottom of the cartoon?

Interactive popup. Assistance may be required.

Click here to compare your answers.

The cartoon supports the opinion of what many Americans felt about Roosevelt’s proposal. The cartoonist portrayed the men as the Supreme Court justices sitting during FDR’s administration. The multiple FDRs represent the justices that FDR wanted to place in the Supreme Court. Many believed these new justices would be loyal to Roosevelt and pass his legislations. The “Court-Packing Plan” is represented by the document that Roosevelt is carrying in the cartoon.

Source: Gannett- Letter, Frank E. Gannett, National Archives

Answer the following questions about Gannett’s letter in your notes.

1. What reference to the constitutional separation of powers does Gannett make in his letter?

   Interactive popup. Assistance may be required.

   Click here to compare your answer.

   In his letter, Gannett references the separation of powers in his statement, “Our Government is composed of three departments, Legislative, Executive and Judiciary. These are the foundations of our Democracy.”

2. In Gannett’s letter, what constitutional principle of separation of powers does he think President Roosevelt is violating?

   Interactive popup. Assistance may be required.

   Click here to compare your answer.

   Gannett accused Roosevelt of taking over the legislative branch. His letter states, " . . . the Executive now dominates the Legislative Department." He is referring to Roosevelt being able to make the New Deal laws and programs without interference from Congress. Making laws is one of the powers of Congress.

Soon after Roosevelt was reelected, and he announced his proposal, the Supreme Court began to change its tone and started to uphold New Deal programs. The “Court-Packing Plan” was never implemented, but it did illustrate the issues between the three branches during this period. The judicial branch checked the legislative and executive branches.

Let’s reflect: How did the relationship between the executive and legislative branches impact the New Deal? How did the relationship between the executive and judicial branch change as a result of Roosevelt’s “Court-Packing” proposal?

Interactive popup. Assistance may be required.

Click here to compare your answers.

Congress (legislative branch) gave President Roosevelt (executive branch) the freedom to create and implement the New Deal programs with little congressional resistance. Initially, the Supreme Court (judicial branch) supported Roosevelt’s (executive branch) programs and upheld them in court. Later, the justices found some of the New Deal programs unconstitutional, changing the relationship between the two branches. In response, Roosevelt proposed a plan to flood the Supreme Court with younger appointed justices.