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The "Court-Packing" Controversy of the 1930s Proved to Be a Watershed

Question 34

Essay

The "Court-Packing" controversy of the 1930s proved to be a watershed event in American constitutional law and in the institutional development of the U.S. Supreme Court. Before President Roosevelt's New Deal legislation began to be challenged in various lawsuits,
a. What evidence did Roosevelt have that his administration's programs would probably be sustained once they reached the Supreme Court?
b. What evidence did the president have that his administration's programs might be rebuffed by the Court at least to some degree?
c. Once the president realized that he faced a decidedly unfriendly bench, what were his options (aside from the one he actually chose to follow) to enable him to achieve his policy objectives? Discuss.
d. Other than the course of action the Court chose to follow in the spring of 1937, what other options were open to the Bench?

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a. Roosevelt had evidence that his admin...

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