FDR v. The Constitution: The Court-Packing Fight and the Triumph of Democracy

by Burt Solomon

The fascinating, behind-the-scenes story of Franklin Roosevelt's attempt to pack the Supreme Court has special resonance today as we debate the limits of presidential authority.

The Supreme Court has generated many dramatic stories, none more so than the one that began on February 5, 1937. Franklin Delano Roosevelt, confident in his recent landslide reelection and frustrated by a Court that had overturned much of his New Deal legislation, stunned Congress and the American people with his announced intention to add six new justices. Even though the now-famous "court packing" scheme divided his own party, almost everyone assumed FDR would get his way and reverse the Court's conservative stance and long-standing laissez-faire support of corporate America, so persuasive and powerful had he become. I n the end, however, a Supreme Court justice, Owen Roberts, who cast off precedent in the interests of principle, and a Democratic senator from Montana, Burton K. Wheeler, led an effort that turned an apparently unstoppable proposal into a humiliating rejection―and preserved the Constitution. FDR v. Constitution is the colorful story behind 168 days that riveted―and reshaped―the nation. Burt Solomon skillfully recounts the major New Deal initiatives of FDR's first term and the rulings that overturned them, chronicling as well the politics and personalities on the Supreme Court―from the brilliant octogenarian Louis Brandeis, to the politically minded chief justice, Charles Evans Hughes, to the mercurial Roberts, whose "switch in time saved nine." T he ebb and flow of one of the momentous set pieces in American history placed the inner workings of the nation's capital on full view as the three branches of our government squared off. Ironically for FDR, the Court that emerged from this struggle shifted on its own to a liberal attitude, where it would largely remain for another seven decades. Placing the greatest miscalculation of FDR's career in context past and present, Solomon offers a reminder of the perennial temptation toward an imperial presidency that the founders had always feared.

Genres: Nonfiction, History, Presidents, Politics, Law, Us Presidents, American History

352 pages, Hardcover

First published December 23, 2008

About the author

I was born and raised around Baltimore, educated at Harvard College, and became a journalist in Boston and Washington, D.C. I was a prize-winning White House correspondent for National Journal and am currently a contributing editor at The Atlantic.
I've written three nonfiction books that read like fiction, and now three novels that stay close to nonfiction. My trilogy of John Hay mysteries showcases my detective at different stages of his life--the latest, "The Murder of Andrew Johnson," has Hay at age 36, recently a husband and newly a father, getting used to both.
I live in Arlington, Virginia, with my loving wife. I'm a proud father of two children who live nearby (lucky us!) and grandfather to three little guys (and a fourth on the way). I've started playing the violin of late, with more enthusiasm than talent.

Reviews

[Julia · Rating 4 out of 5]

This book focuses around the "court-packing" battle between FDR and Congress. It places the event in context of both the New Deal and the biographies of the major players in the fight.

Solomon's book appeared on a New York Times list of books to read during the Obama transition. I found his writing style engaging, and the subject interesting. I would absolutely recommend it.

[Maury · Rating 4 out of 5]

Great primer for seeing how the modern Supreme Court developed. A surprising exposure of an earlier rendition of George Bush's "Let the Marketplace take care of it" philosophy and how through FDR's overreaching the powers of the executive, we achieved the modern context of the Court looking out for the common good. Really hated to see it end.

[Stephen P · Rating 3 out of 5]

An interesting historical account of FSR's attempt to "pack" the Supreme Court by increasing the number of justices when the existing court routinely blocked his New Deal legislation. He almost was successful, except for the climactic death of one senator, after-which Congress determined that his efforts were too politically charged and that they were not interested in turning the Supreme Court into a politically-oriented branch of government - an interesting perspective, given the history of Supreme Court nominations over the past twenty or thirty years.

[Jim · Rating 5 out of 5]

This is an incredibly well written story of 168 days in 1937 in which the Supreme Court and the President grew and learned about their respective roles in our system. Solomon does an outstanding job of telling the story from the vantage point of history Personalities come to life and details are abundant. One test for any work of history is the quality of the bibliography which reveals the depth of the author's commitment to get the story. The book is worth having just for the collected sources. Great job and wonderful story Well told. Jim

[Bryan · Rating 4 out of 5]

A forward book that mostly keeps it straight down the line with politics; however, it does tend to slant left on a few points. A very descriptive take on FDR's outrageous attempt at a power grab and goes to show the sad fact that people are willing to bend the constitution when faced with a tyrant.

[Shawn · Rating 5 out of 5]

A well researched book about FDR's attempts to add new members of the Supreme Court in 1937. Ultimately, and possibly for the best, the attempt was unsuccessful. This book highlights the efforts of Senator Wheeler from Montana as a strong New Deal liberal in opposing the plan.

[Michael Goodrich · Rating 5 out of 5]

I read this after reading FDR, where the court packing fight got a brief mention. This book took the issue into great detail and was very interesting. I would strongly recommend it and would suggest reading FDR first for context.

[Burt Schoeppe · Rating 3 out of 5]

An interesting look at FDRs attempt to stack the SCOTUS.

Fate intervened with the untimely passing of Joe Robinson's passing. Certainly for the best that a precedent of making the court bigger as a means of a president getting his way was never set.

[Lisa · Rating 4 out of 5]

#83 of 120 books pledged to read during 2018

[John · Rating 3 out of 5]

Interesting. Things having chnaged much over time. Politics and people are still the same.

[Kristin · Rating 4 out of 5]

Really interesting look at the court packing bill and SCOTUS in the late 30s. Interesting tidbits about Senators including Joe Robinson and Hattie Caraway too.

[Brianna · Rating 3 out of 5]

A mostly chronological account of FDR's political fight to add more justices so that he could appoint more of 'his own'. There were diversions from the timeline to tell us about each of the justices' backgrounds, and brief excursions about happenings around the political fight (always entertaining).

this was a compelling account of a moment in American history. Learned a lot about FDR, the New Deal, and the Supreme Court (or, at least, the Supreme Court of the '30s and its' justices). A lot of interesting characters.

[Heather · Rating 5 out of 5]

This was a great book about FDR and his court packing scheme. The book also included pictures which I always enjoy since it enhances the whole experience. Burt Solomon focused on the court packing scheme of FDR and the people who were involved with it both on FDR's side and the justices involved.

This is not extremely in depth about the whole court packing scheme but it is a good read for anyone who wants to learn more of this one snapshot in history.

[Jim · Rating 4 out of 5]

Burt Solomon brings the Court packing fight to life; a great read.