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Show NGEDSUPREME SUPREME COURT CAA CHANGED NGED 7 TIMES TIJ\tIES TIJ tIES TIME5 TIMESBut . \ COURT's Fifteen Justices JusticesW JusticesOl JusticesWould JusticesBut to But President Roosevelt's Roosevelts Roosevelt RooseveltCAA 's s ' Proposed Increase . in History istory is . W Would Ol d Far Exceed Any Such Alteration Alteratlon Historryy , . . . , , .i-v .iv .i i v . , - . 'w w ' ammy.nv ammynv , " ? , . . r . T , + j ' i 'T T ' B S 4 ' Y Yb3 l lE . . . . . . . . . . . . . . . . . . . , . . . . . , . TO 'yr yr ' i i ' . . , . , v-- v v.v.y - ' - .v.y v.y vy . . v 'n n ' ' ' 'v-v 'v v ' - wy rg .y y pyy E- E ET - Ti Tia Tido .w w . T E - ; A < \ b3 , . FF , a do _ . _ < _ _ . ; SY P yN)1fFF [ @ h h1Yt1 ; F DSkn r ! A Y\ya Y ya Yyaal \ yN)1/f yN)1 yN1 f al ) / : ' ' 3 i iR R / } l4 2 T f ? r rS S nit by d Y YgJi 1Yt1 p'W pW ' + n ny /y y / - 1.SF 1SF . ' JL . f 4 fWho , $ gJi 5 5cf cf ; ) E Efit , fit fityz yz yzi yzf yzt yza i f I ' ? /a a / @ : : ( ! y ysa t n sa san h Y / Kf Kfx KfI Kfya YZt Zt , x J I ya i a ! x ' ; 1 ' ' 4 1 1'Sfs 'Sfs Sfs ' * > . / , q qrfY rfY 4/ 4 4Qy Qy ) cS " n ' 7 7V i ' - ' , ah h $ V S a ay aA aw 4 y A w 9N44 : ? V 44 4 2fz f 3 L axC w2fz 3 $ Y w w ( oa oaY y & Y $ M My3 r fi 1 > / F Ff Fryh S ! . . 4 / i f " ' ) y3 v . 2 / ! 4t A y ' through ryh ' ? Left Lett to o rIght rightfront , , memb membt membfront the President's Presidents PresJdent's PresJdents plan carry Who will be the new ne\v ne v \ members rs t to o join Jon loin this group , , should throMc : \ McRcynolds l\lcReynolds l lcReynolds , sev- sev sevCardozo sev seventyfive - . seventy-four seventy four seventy-Cour Cour - ; front row : . Justices .Jushces Jushces Brandcis Brandeis , e ers eighty gJty , ; Van n Deventcr Deventer , seventy-eight seventy eight - - ; Hughes lIughes , seventyfourone ; ' : ' ; Stone Slone one , sixty-four sixty four sroy-fou sroy fou - , and andberg andentyGve andCardozo . Roberts , , sixty-one sixty one sixlyue sixly- sixly - < > - ue ; Butler , seventy sevenly ; enty-five enty five cnty-five cnty entyGve - , , and Sutherland , , sev seventy-four seventy four nt ntgJty - our Back aek row : RIchI RIchur Richberg Rich- Rich Richberg Cardozo , , sixty-six sixty six SL-dy-SI SL dy SI s.xtysit sxtysit , - . - - > . . . . Meniloned Mentioned a as possible bl blaek e additions to mIlD fill till in the question maiks malks masks have been New Dealers - berg , , iyag-ncr iyag ncr Wagncr Wagner - , , Laodis LandJs Landis I , , Frankf Frankfurter ur t tpORsSI er pORsSI , Roscnman Rosenman oscnman and Corcoran . . By WILLIAM C . . UTLEYSHOULD UTLEYS UTLEYHOULD UTLEY HOULD President Roosevelt succeed in his pioposal ploposal proposal to toinclease toincrease to\ to toinciease SHOULD S \ inciease inclease increase the number of justices on the bench of the theUnited theUnited theUnited United States Supreme couit court COUI t , such changes would by no nomeans nomeans nomeans means be without precedent , except in their scope . The num num- number number number - ber of justices has been changed by act of congress no lessthan lessthan less lessthan than seven times during the 148 years of its existence , but butnever butnever butnever never by more than three justices . There have been numerous m- m in- in mstances instances in instances - ' stances stances of at clashes between a Presi PresI- PresIdent Presient President - - d dent ent and the Supreme court Origi Ongl- Ongl Origi- Onglnally Origially Originally - - n nally ally the court was composed of ofSLX ofsix ofsix SLX six members , but during durillg the ' timeof tIme tImeof timeof of the clash between Adams and andJefferson andJefferson andJefferson Jefferson in m 1801 the number was wasreduced wasreduced wasreduced reduced to six SLX Under pressure of ofheavlly ofheavily ofheavily heavlly heavily loaded dockets as the young youngcountry youngcountry youngcountry country was growing growmg , the number numberwas numberwas numberwas was increased mcreased to seven in ill 1807 and and30 30 years later was increased mcreased agam again agamto againto againto to nine nme Further expansion e'CpanSlon eCpanSlon ' resulted resultedin In the addition of . jstill .still still another JUS- JUS JUShce jus justice justice - tice hce , and in m 1863 the Supreme court courtreached courtreached courtreached reached its Jts peak of ten justices justicesIn In 1866 the number was reduced reducedagam reducedagain agam again to seven , , but in m 1869 it Jt went wentback wentback wentback back to nine nme again agam , , President Grantwas Grant Grantwas Grantwas was at that time hme popularly accused accusedof accusedof of having havmg "packed packed " ' ' the court to touphold touphold touphold uphold legislation in m which he was wasillterested wasinterested wasinterested illterested interested , , but the majority of Ius- Ius his- his Iustormns hisorians his historians - - t torians tormns orians absolve him from any such suchmtentIon suchintention suchintention suchintentionNow mtentIon intention mtentIonNow intentionNow Now comes President Roosevelt Rooseveltwith Rooseveltwith Rooseveltwith with his proposal to appoint appomt to each eachfederal eachfederal eachfederal federal court ( including mcludmg the site Su Supreme Supreme Supreme preme court ) a new judge for eachpresent each eachpresent eachpresent present one who is over the retire retire- retirement retirement retirement - ment age of seventy but has not re retIred retired retired tIred Apparently it Jt is beyond the thepower thepower thepower power of congress to require JUS- JUS JUStIces jus justices jusices - - t tices ices to retire at seventy , for the theConstItutIon theConstitution theConstitution ConstItutIon expressly provides that thatthey thatthey thatthey they shall serve during durmg good be- be behavJor behavior be behavior - havior havJor . Appointments Appomtmcnts Permanent . , There are now nine mne Supreme Supremecourt Supremecourt Supremecourt court justices , , of whom six are past pastthe pastthe pastthe the retirement age It follows then thenthat , that , , at the present time , , the membership mem mem- membership membership - bership on the Supreme court bench benchcould benchcould benchcould could not be increased mcreased to more than than15 15 under the President's Presidents ' proposal proposalNew proposalNew proposalNew New judgeships on that and all allother allother allother other federal court benches would wouldbe wouldbe wouldbe be permanent permanentTo To the obsel obseiver ver in m Washington Washmgton it itseems i iseems itseems t seems immediately apparent that thatone tha thaone thatone t one of the President's Presidents ' purposes i isecuring m mseeurmg insecuring n seeurmg securing the proposed legislation IS ISto i isto s to nullify possible adverse rulingson rulmgson rulmgs ruling s on New Deal acts by older JustIces justice JustIceswho justicewho justiceswho s who have been in m the hibit hblt h , ibit of vot vot- votmg voting voting - ing mg to declare New Deal legislatIon legislatIonunconstItutIonal legislationunconstitutional legislationunconstitutionalChief unconstItutIonal . ' Chief Justice Charles Evans Evan EvansHughes EvansHughes s Hughes , seventy five , has voted votedsomehmes vote votesometimes votedsometimes d somehmes sometimes to uphold , sometimes t tnullity to tonulhfy tonullify o nulhfy nullity New Deal acts , , he once ra raas ran ranas ranas n as the Republican candidate for th the thePresidency thePresidency e Presidency . . Louis Dembitz Dembltz Dembttz Bran- Bran Brandeis Bran-deis Bran deis - deis dens , . eighty , has voted to sustam sustai sustamall sustaiall sustainall n all New Deal legislation except e'Ccept eCcept ' In Inthe i ithe inthe n the case of the NRA in m which th thvote the thevote thevote e vote was unanimously unammously against agamst But ButJustIces ButJustices t JustIces Wilhs WIllis Van Deventcr Deventer , sev sev- sew seventy sewcity seventy - enty city eight , , James Clarke Mc- Mc McReynolds Mc McReynolds Mc-Reynolds Mc Reynolds - Reynolds GeorgeSutherland , seventy - five , George Georg e Sutherland , , seventy five , and PIerce Pierc PIerceButler PiercButler PierceButler e Butler , seventy one , , have voted in- in invarIably invariably in invariably - ' variably against Dogamst the New DealThe Deal DealThe defeat det The New Deal has suffered de- de de - ' feat in m 9 out of 11 major decJSlons decision decisionsof decJSlonsof s of the court In at least four case casea : ; , a change of four votes could have havereversed hav havereversed e reversed the decIsionUp decision decisionUp Up to June , , 1935 , the Supreme Suprem Supremecourt Supremcourt Supremecourt e court had held a total of 73 acts of ofcongres o ocongress ofcongress f congres congress unconstitutional Fifty five fiveof fie fiveof e of from1789 these were in m the period perJOd from fro m 1789 to June 1924 , Then in ill 11 years year s . , the rife court held unconstitutional 18 18acts 1 18acts 18actsDecisions 8 acts actsDecIsIons Decisions Make IIIstory History History.The HistoryThe . The court has hardly ever ceased cease d ceasedto to be the subject of much pohtIcal pohtIcalspeculatron politic politicalspeculation a1 speculatron speculation and controversy in th the e ' hot stove league " Perhaps the theis tlus tlusJS thisis s JS is mstitution because the court as an mstItu rnstrt u tIon tton is u-iique u iique Lnlque unique - among governments government s governmentsin governmentsm governmentto m to its function of interpreting mterpretmg an d andhalting haltmg halting thebasic thbasic encroachments upon the th e basic law of the countiy counhy country . , _ . "Every Every " decision becomes a page pageof pageof pageof of history , " wrote Charles Warren Warrenm , m in his noted work on the Supreme Supremecourt Supremecourt Supremecourt court 'The The ' * The history of the Umted United UmtedStates UnitedStates UnitedStates States has been written not merely merelyin merelym m in the halls of congress , in m the exec exec- executIve executive executive - utive offices and on the battlefields battlefieldsbut , but to a great extent in ill m the cham cham- clam- clam chambers chambers - bers of the Supreme court of theUnited the theUmted theUnited Umted United Statgs Stat States s " Historians Hlstonans outline outlme the career of ofthe ofthe ofthe the court by ( a ) the period of na- na nahonlwn na nationalism - tionalism hon\lwn hon lwn tionalnsrln : \ . , from 1789 to 1835 , . , ( b ) the theera theera theera era of states ' rights , , from 1835 to to1861 1861 1 861 ; ( ( c ) the period of broad mterpretatIon in interpretation m- m in- in inerpretation - t terpretation erpretation , . from 1861 to 1930 , and andd andd andd ( d ) the present perIodThe periodThe period periodThe The Supreme court met and or- or orgamzed organized or organized - - ganized gamzed for the first time in m the theRoyal th thRoyal theRoyal e Royal Exchange at the foot of Broad Broadstreet Broa Broastreet Broadstreet d street m ill New York on February I 1 1,1790 11790 , 1790 The number of its Justices Justicesfive justicesfive justicesfive ( five ) had been set by the JudlCJary judiciary JudlCJaryact judiciaryact judiciaryact act of September 24 , 1789IdlctS 1789Edicts 1789 1789Edicts : Edicts IdlctS Free of Politics . The present chief cluef justice , Mr MrHughes MrHughes MrHughes Hughes , once . said of the court , "a a "aall "at at "atall "atall atall " t all times it Jt has had the most se- se severe Severe se severe - - vere critics " Tradition has it Jt that thatall tha thaall thatall t all decisions are rendered withouconsideration WIthOUt withou WIthOUtconsideratIon withoutconsideration t consideratIon of political partisan partIsan- partIsanShIP partisanship partisanship - - ship , and indeed mdced there are nre az-c az c - more morethan morethan morethan e than a few incidents mCldents to uphold th thtradition the thetradItIon thetradition e byPresident tradItIon Justices appointed appomted by byPresident b bPresident y President Jefferson helped to de- de develop develop de develop - velop the nationalistic nahonahstIc interpretationof mterpretatIonof mterpretatIon interpretation of the Constitution which he de- de deplored deplored de deplored - - plored , justices appointed appomted by Pres Pres- PresIdent Pres- Pres President President - - ident Jackson differed with his hls opin OPIn- open OPInJon openion opinion - ion Jon and wishes in m important inter mter- mter mterpretatIon interpretation interpretation - appointeesheld nppointeesheld appointeeheld pretation , , and his own nppointees appointee s held President Lincoln's Lincolns ' legal tQn- tQn tQnder ten tender tsn-der tsn der - ' der policy pohcy unconstItutIonalUN unconstitutional"Nothing unconstitutional unconstitutional"Nothing UN "Nothing Nothing " othmg is JS more striking stnk1l1g in m the th thhistory e history thehistory Warren,4 Warren4 of the court . , " wrote Warren , ' than the manner in m which th the e hopes thohopes thehopes thhopes judgeto judgt of those who expected a judg Judge JudgeI e I thePresident tht to follow foow ) the political views of the th e I President havebeen havn who appointed him have hav e I been disappointed " Changes in m membership of the thecourt th thcourt thecourt e I court began early In the electIon electio electioof electionof n of 1800 the Federalists suffered an anoverwhelmmg a aoverwhelming anoverwhelming n overwhelmmg overwhelming lameduck lamduck defeat The lame lam duck ofJefferson's ofJeffersons oJefferson's congress , between the time of o f Jefferson's Jeffersons ' election and his inaug maug- maug - uration inauguration mauguratIon , , to prevent the new Presi PresI- - dent President Presid from filling fiUmg a e thebench vacancy on th the bench with one of his own awn appoint appomt- appomt appomtees appointees appointees - justicesto ees , , reduced the number of Justices justice s to Supremecourt five It also relieved Supreme Suprem e court justices from circuit court Copt dutIes courtduties , established sue SlX six new circuits circuit s with circuitswith si\tecn si tecn sh.teen shteen sl.teen slteen . \ . new judges and at- at at - taches attaches , and filled filledall all the vacancies vacancie s vacancieswitli vacanciesWIU WIU with withstaunch ) staunch Federalists rederahsts 1'ederahsts 1ederahsts ' . , Adams ' Adams'appointments Adamsappointments appointments were confirmed by thesenate th the e senate the day before JeJTerson's JeJTersons Jefferson ' Jefferson'sinauguration Jeffersonsinauguration JeJTerson'smauguratIon s mauguratIon inauguration mauguratIonThe inaugurationThe Jefferson'sinaugurationThe The next ncxt congress , , byJefferson controlled by b y Jefferson , , abolished nbol1shed two terms ofcourt acourt a of f court , repealed the ofthe judiciary act of ofi o i i the thenew thnew Adams congress , abolished abohshed the th e theI new circuits and I Supreme Sureme Sulireme restored the Su- Su Su - preme lireme reme court to its original OrIgmal member member- - ship slup membership memberslup of six , Ironically IroDlcally itwas Jtwas enough , Jt i t was the Federalist Supreme Federalist-appointed Federalist appointed - aPpomted appointed Su- Su Su - preme upheldthe court which , , in 1803 , upheld uphel d the constitutionality of o1 Jefferson's Jeffersons Jefferson ' Jefferson'srepeal Jeffersonsrepeal : repeal actThis actThis act actThis This was in m the case of Marbury Marbur Marburyvs Y vs Madison The former beenappointed beenappomted had been bee n appomted appointed to a n judgcship judgeship thepeace thpeace of o1 the th e peace in 111 the District of Columbia Columbi Columbiaby Columbiby a by President Adams but his Ius mission corn.mission cornmission commission hadnot had not been com- com corn . - delivered |