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FDR’s Court Packing Plan
Supreme Court opposition to Roosevelt’s programs continued with the Court consistently vetoing New Deal
legislation. FDR asked Congress to approve a law that would permit the President to increase the number of
Supreme Court judges from nine to fifteen if the judges refused to retire by the age of 70. The Judiciary
Reorganization Act of 1937 – or “court packing plan” as opponents called it – was intended to make the Supreme
Court approve New Deal laws. It never became a law because it threatened the separation of powers.
1. How many judges are on the Supreme Court?
How long do they serve for?
Who appoints them?
2. What was the Judiciary Reorganization Act?
3. Why did FDR want to change the number of
Supreme Court judges?
4. Why did this bill never become a law?
5. Answer the following based on the cartoon above:
a. Who are the men on the right?
b. What is FDR doing?
c. Explain what’s in the garbage and why.
d. What is the main idea of the cartoon?
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Answer Key
FDR’s Court Packing Plan
Supreme Court opposition to Roosevelt’s programs continued with the Court consistently vetoing New Deal
legislation. FDR asked Congress to approve a law that would permit the President to increase the number of
Supreme Court judges from nine to fifteen if the judges refused to retire by the age of 70. The Judiciary
Reorganization Act of 1937 – or “court packing plan” as opponents called it – was intended to make the Supreme
Court approve New Deal laws. It never became a law because it threatened the separation of powers.
1. How many judges are on the Supreme Court?
___There are 9 Supreme Court judges.
How long do they serve for? Life.
Who appoints them? __The President
2. What was the Judiciary Reorganization Act?
The law would permit the President to
increase the number of Supreme Court judges
from nine to fifteen if the judges refused to
retire by the age of 70.
3. Why did FDR want to change the number of
Supreme Court judges?
He wanted the
Supreme Court approve New Deal laws.
4. Why did this bill never become a law?
It violated the US Constitution by
threatening the separation of powers.
5. Answer the following based on the cartoon above:
a. Who are the men on the right?
b. What is FDR doing?
The men are potential Supreme Court justices nominated by FDR.
He is getting them all to practice saying “Yes” to his legislation.
c. Explain what’s in the garbage and why. ___The US Constitution and a scale symbolizing justice
are in the trash to represent how FDR is attempting to destroy justice and the US Constitution.
d. What is the main idea of the cartoon?
The main idea of the cartoon is that FDR is exceeding
his powers by attempting to destroy the balance of powers in the US government and pack the
Supreme Court with his own supporters as nominees.
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