New Deal Plans

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RESPONSE:

1. Why were some of the "New Deal" plans found to be unconstitutional. Please elaborate. What executive power did Roosevelt attempt to abuse and why?

The "New Deal" plan was proposed as judiciary reform but really an attempt to curb the power of the judiciary and Supreme Court. The proposed reform plan would put the Supreme Court in the control of the President by 'packing the Supreme Court' (http://www.archives.gov/education/lessons/separation-powers/images/gannett-letter.jpg).

The President was accused of attempting to abuse his executive power by using the problems in the judiciary as a subtle way to limit the power of the judiciary and increase the executive power.

Let's elaborate.

Although it was true that the lower courts were slow and overburdened, and that they needed more judges to expedite litigation, the President planned to use this as subtle way to change the complexion in a way that undermined the power and independence of the highest court by increasing the number of judges from nine to fifteen. Many pointed out that increasing the number of judges from nine to fifteen as the President proposed would not speed things up, but it would put give the control to the President of the Judiciary Department (http://www.archives.gov/education/lessons/separation-powers/).

This is unconstitutional as it is safe to say that a respect for the principle of separation of powers is deeply ingrained in every American and in the Constitution. The nation subscribes to the original premise of the framers of the Constitution that the way to safeguard against tyranny is to separate the powers of government among three branches so that each branch checks the other two. "Even when this system thwarts the public will and paralyzes the processes of government, Americans have rallied to its defense. This devotion to that principle was vigorously evoked than in 1937, when Franklin Roosevelt introduced a plan to increase the number of Justices on the Supreme Court. Conflict arose in America" (http://www.archives.gov/education/lessons/separation-powers/images/gannett-letter.jpg),

Thus, the real issue was not judicial reform but the continued expansion of executive power which was ...