Americas Town Meeting Of The Air – The Supreme Court And The Constitution: Should we change them or leave them alone – March 19, 1936.
With all the talk recently regarding the Constitution of the United States as well as the Supreme Court, it’s good to remember this is an argument that has happened before. In 1936 America was in the grips of overcoming one of the most devastating depressions in its not-quite-200-year-old history.
It was also a time when threats of subversion, either from Communist agitators or extreme right-wing factions, such as the one which sought to overthrow the U.S. government and Presidency of Franklin Roosevelt in 1934.
America was on shaky ground and in very grave fear of being torn apart. There was a movement afoot to expand the Supreme Court, from 9 to as many as 15 and to establish the policy of retirement for Justices from the age of 70. He sought to name as many as six additional Supreme Court justices, as well as up to 44 judges to the lower federal courts. He justified his request not by contending that the court’s majority was reactionary, but by maintaining that a shortage of judges had resulted in delays to litigants because federal court dockets had become overburdened.
“A part of the problem of obtaining a sufficient number of judges to dispose of cases is the capacity of the judges themselves,” the president observed. “This brings forward the question of aged or infirm judges—a subject of delicacy and yet one which requires frank discussion.” He acknowledged that “in exceptional cases,” some judges “retain to an advanced age full mental and physical vigor,” but quickly added, “Those not so fortunate are often unable to perceive their own infirmities.” Life tenure, he asserted, “was not intended to create a static judiciary. Aconstant and systematic addition of younger blood will vitalize the courts.”
Roosevelt’s message touched off the greatest struggle in our history among the three branches of government. It also triggered the most intense debate about constitutional issues since the earliest weeks of the Republic. For 168 days, the country was mesmerized by the controversy, which dominated newspaper headlines, radio broadcasts and newsreels, and spurred countless rallies in towns from New England to the PacificCoast.
This broadcast of the long-running series Americas Town Meeting Of The Air, features Senator David Walsh (D-Mass) and Howard Lee McBain of Columbia University and a pretty raucous audience, fielding questions after the appropriate statements.
Listening to Walsh’s description of what constituted a Supreme Court Justice would have disqualified several on the bench now, but it’s interesting to note that some of the issues going on during this election year are almost identical to the ones going on in 1936.
Some things just never change – have a listen and find out.
