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Court Packing: Then and Now
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Court Packing: Then and Now
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Now: President Trump
Replacing vacancy of Justice Scalia with Nominee Neil Gorsuch, a conservative Justice, after the Republicans had blocked President Obama's nomination the year before
President Trump went on to nominate two more Justice to the Supreme Court after vacancies opened with the second being Amy Coney Barrett In 2020, the same year as his Presidency was coming to an end
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Then: President Roosevelt
With the New Deal in full effect, some programs were ruled unconstitutional in 1937 by the Supreme Court
With this obstacle, FDR decided to try to pack the court with a plan to add a Justice for every Justice over 70.5 years old who had served more than 10 years.
This was blocked by both Republicans and Democrats, both of which who thought this would be a violation of the "Checks and Balances"
Democrats controlled the Legislative Branch during this time
Democrats controlled the Executive Branch during this time
Even In failure, FDR's attempt to pack the court with liberal Justices had placed some pressure on the court as one of the conservative Justices, Owen Roberts switched their stance on those New Deal programs, thus being named the "Switch that saved nine", the nine Justices in the Supreme Court
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Constitution: What's It say?
- Gives power to the Congress to add or subtract Justices from the Supreme Court
- Article 3 Section 1, “... The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour,”
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