Senate Bill S. 1392, signed as president in blue pencil at the top of the first page, four pages, both sides, 7.5 x 11, dated February 8, 1937. The bill begins: “A bill to reorganize the judicial branch of the Government. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) when any judge of a court of the United States, appointed to hold his office during good behavior, has heretofore or hereafter attained the age of seventy years and has held a commission or commissions as judge of any such court or courts at least ten years, continuously or otherwise, and within six months thereafter has neither resigned nor retired, the President, for each judge who has not resigned or retired, shall nominate and, by and with the advice and consent of the Senate, shall appoint one additional judge to the court to which the former is commissioned: Provided, That no additional judge shall be appointed hereunder if the judge who is of retirement age dies, resigns, or retires prior to the nomination of such additional judge.” In very good to fine condition, with creasing to left edge, three horizontal folds, three punch holes to left edge, and some scattered light toning and handling wear. Accompanied by four one-page TLSs from various Congressmen regarding their support or opposition to the bill.
FDR originally proposed this bill—the Judiciary Reorganization Bill of 1937—following his victory in the 1936 presidential election. Designed to add more justices to the US Supreme Court, the legislation was in response to the high court overturning a dozen New Deal laws aimed at alleviating poverty, creating jobs, and saving farms. Following his second Inaugural, FDR devised a plan to add six more justices to the court, and force the retirement of those over 70.5 years of age. Basically, and perhaps shockingly, FDR wanted to use the measure to “stack” the Supreme Court with fellow New Dealers and assure that any New Deal law devised by the Roosevelt Administration, if challenged, would not be overturned.
Public support for the bill, weak from the start, eventually evaporated entirely, with the legislation failing in a Senate vote. In fact, some political scientists maintain, the proposal was one of the underlying causes for a near stoppage of any new economic programs passed by Congress after 1936. When this measure was sent back to the Judiciary Committee, senators explicitly stated that the measure be stripped of its court-packing provisions. This is the very legislation, signed by the thirty-second president, that ultimately would mark the beginning of the end of his landmark idea that helped America survive during the Great Depression. Pre-certified John Reznikoff/PSA/DNA and RRAuction COA.
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