itr.** (4-5). Nov Jan. 7 Feb, 4 Feb, 5 Feb, 10 Feb, 26 Mar. 1 Mar, 4 Mar. 9 Mar, 10 Mar, 29 Apr, 12 Apr. 23 May 18 May 24 June 14 July 2.

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1 ; ** ft... 1 THE "COURT BILL"CONTROVERS* ' The text of the Court bill of President Roosevelt's March 9 "fireside chat", of the Judiciary Committee's adverse report, and of the emasculated bill finally passed will be found in Commager, # March 4 President Roosevelt inaugurated. Closes banks and stock exchange to halt financial panic, Congress gives him broad powers over currency. June 5 Act of Congress outlaws gold-^payment clauses in all contracts. May 12 President signs Agricultural Adjustment Act, giving financial aid to farmers. June 16 President signs National Industrial Recovery Act Jan.31 Gold content of dollar reduced 1935 Feb. 18 May 6 May 27 Aug, Jan. 6 June Nov Jan. 7 Feb, 4 Feb, 5 Feb, 10 Feb, 26 Mar. 1 Mar, 4 Mar. 9 Mar, 10 Mar, 29 Apr, 12 Apr. 23 May 18 May 24 June 14 July 2. U.S. Supreme Court upholds (5-4-) act of Congress outlawing gold-payment clauses. U.S. Supreme Court rules Railroad Pension Act unconstitutional (4-5). U.S. Supreme Court rules NRA unconstitutional (0-9). President signs Social Security Act, U.S. Supreme Court rules AAA unconstitutional (3-6) Democratic and Republican National Conventions, Republican platform defends Courtj Democratic platform asks more liberal interpretation of Constitution, President Roosevelt reelected, President Roosevelt, in annual message to Congress, calls for more liberal interpretation of Constitution. 75th birthday of Justice McReynolds President in message to Congress recommends legislation to per mit increase in Supreme Court membership to maximum of 15 > by authorizing President to appoint one new justice for each on$ who, upon reaching the age of 70, does not retire; and to send appeals on. constitutional questions directly to Supreme Court, to avoid delays in their settlement. Court bills introduced in House and Senate, House passes voluntary retirement bill for judges over 70. Senate passes voluntary retirement bill. Supreme Court upholds law outlawing gold-^payment clauses (5-4) President defends Court bill at Democratic victory dinner. President defends Court bill in radio fireside chat. Senate Judiciary Committee begins hearings on Court bill, Supreme Court upholds state minimum wage law for women (5-4-), Railway kabor Act. (5^4)> state mortgage moratorium act (5-4). Supreme Court upholds National Labor Relations Act (5-4). Senate Judiciary Committee meetings on Court bill end, Justice VanDevanter announces retirement from Supreme Court on June 2, Senate Judiciary Committee reports adversely on bill to Senate (10-8). Supreme Court upholds Social Security Act (5-4) Senate receives Judiciary Committee report. Logan-Ashurst-Hatch compromise bill introduced in Senate provides for appointment of new justices at rate of 1 annually for each 75-year old member of Court who fails to retire. itr.** X-

2 page -2- continued July 14 Senator Robinson, Democratic Senate leader, Dies. July 15 President Roosevelt writes to Senator Barkley (the"dear Albin" letter) demanding that fight for Court bill continue. July 20 At a White House conference, President is reported to have agreed to the postponement or re committment of Court bill. July 21 Senator Barkley elected Democratic Senate leader by vote of 38-jj7 over Senator Harrison. July 22 Senate votes to recommit Court bill (70-20). Aug. 13 President Roosevelt appoints Senator Black to Supreme Court vacancy. Aug. 24 Judicial Reform Act of 1937 passed. The Supreme Court and the "New Deal" Vote of the Court on 10 "New Deal" Cases In two of the cases the law was found constitutional, in eight cases, unconstitutional. The cases 'and votes follow: Tennessee Valley Authority, valid (8-1) Law outlawing gold-payment clauses, valid (5-4) Petroleum industry clauses of NRA, void (1-8) Act for Railroad pensions, void (4-5) National Industrial Recovery Act, void (0-9) Federal farm mortgage moratorium act, void (0-9) Agricultural Adjustment Act, void (3-6) Rice millers Act, void (0-9) Securities Act, void (3-6) Guffey Coal Act, Void (3-6) A Liberal and Conservative Justices The justices voted as follows in the ten decisions listed: McReynolds, 0 valid, 10 void VanDevanter, 1-9 Sutherland, 1-9 Butler, 1-9 Cardozo, Brandeis, Stone, Hughes 3 valid, 7 void Roberts, 2-"8 7 valid, 3 void

3 Brandeis 79 Van Devanter 77 McReynolds page -3- Ages of the Justices May 25, 1936 Sutherland 74- Hughes 74 Butler 70 Statements Regarding the Court in 1936 Party Platforms Cardozo Stone Roberts Republican We pledge ourselves to maintain the American system of constitutional and local self-government, and to resist all attempt to impair the authority of the Supreme Court of the United States, the final protector of rights of our cit-* izens against arbitrary encroachments of the legislative and executive branches of government. There can be no individual liberty without an independent judiciary. Democratic The Republican platform proposes to meet many pressing national problems solely by action of the separate States. We know that drought, duststorws, floods, minimum wages, maximum hours, chxlld labor and working conditions in industry, monopolisitc and unfair business practices cannot be adequately handled exclusively by 48 separate State legislatures, 4-8 separate State administrations and 48 separate State courts. Transactions and activities which inevitably overflow State boundaries call for both State and Federal treatment. We have sought and will continue to seek to meet these problems through legislation within the Constitution. If these problems cannot be effectively solved by legislation within the Constitution, v/e shall seek such clarifying amendment as will assure to the legislatures of the several States and to the Congress of the United States, each within its proper jurisdiction, the power to enact those laws which the State and Federal legislatures, within their respective spheres, shall find necessary in order adequately to regulate commerce, protect public health and safety and safeguard economic security. Thus we propose to maintain the letter and spirit of the Constitution. Public Interest in Libeyaligatjon of the Court Number of items on Supreme Court changes appearing in New Xork Times index, 1936 and 1937: 1936 January 30 February 13 March 10 April 4 May 13 June 25 July 9 August 7 September 10 October 9 November 9 December January 17 February 500 March 550 April May June July August Excerpts (incomplete) from New York Times Index, 1936; September 300** (includes appoint- October 60* ment of Justice November 12* Black) December 2* January, Senator Dorah (Rep., Idaho) opposes restricting Supreme Court f s power, deplores close votes on constitutional questions but has found no remedy.

4 page -4.-" Sen Frazier (Rep., N»D.) demands statute forbidding invalidation of acts of Congress by Court. Norman Thomas (Socialist) favors constitutional amendment to deprive Court of power to pass on legislation. D.R. Richberg proposes sole juriadiction and swift action on constitutional questions. Chancellor L.D. Bejach gives President Roosevelt opinion that Congress can pass legislation requiring at least 7 to 2 vote to declare laws unconstitutional. House group considers bill to bar ruling on constitutionality of act of Congress in appealed cases: Sen.Norris (Ind., Neb.) suggests single new court fronfjhich appeals on constitutional issues would go direct to Supreme Court; favors requiring unanimous decisions to hold act unconstitutional. Sen Wheeler {Dem., Mont.) favors curbing Court's power* Sen. Norbeck introduces bill requiring concurrence of 7 justices to hold act of Congress unconstitutional. Rep. Lundeen introduces bill to increase number of justices to 11. Sen. Pope (Dem., Idaho) plans bill to restrict power to invalidate Acts of Congress, Secretary Wallace says seriousness of problem is obvious. H.W. Epstein attacks Norris's proposal on unanimous decisions. C.L. Dawson comments on Roosevelt's message to Congress as implying plans to curtail Court's power to invalidate Congressional legislation} predicts that Roosevelt, if reelected,..will change personnel so that decisions agree with his own views. D. Colby.scores suggestion that 7 votes be required to declare law unconstitutional. ^Resolutions on curbing Court's power passed unanimously b convention of United Mine Workers. Rep. Keller says Congress has power to force Court to "behave itself". Gov..Talmadge says continuation of Roosevelt administration will replace personnel with those who will not uphold Constitution. February, 1936 Curbing of powers demanded at Trade Union Institute rally. Nat. Housewives, Inc., asks Roosevelt to seek curbs. Gen. H.S. Johnson opposes curbs. Rep. Monaghan will offer bill to oust judges who hold TVA invalid. Rep. Zioncheck terms certain justices "corporation lawyers, old fossils, and minions of wealth". March, 1936 J.A. Emery, Nat, Ass'n, of Manufacturers counsel, assails proposals for curbs. N.Y. County Lawyers' Assoc. disapproves bill requiring vote of 7 to declare law invalid. Sen Vandenberg (Rep., Mich.) opposes efforts to curb powers. William Green (President, AFL') assails power to nullify acts of Congress. Sen. Borah hails Court as guardian of liberties. Gov. Olson urges 10-year term of office for justices as check on despotism. May, 1936 U.S. Chamber of Commerce adopts resolution opposing curb on Court's power. Socialist platform urges Constitutional amendment to curb power. Speaker at convention of Amalgamated Clothing Workers assails 5-4 decisions. Nat. Women's Trade Union League charges court is stifling progress of workers. William Green sees decisions as cause of strike wave. July, 1936 Sen. Fearon predicts changes in bench by Roosevelt if reelected. Nullification of New Deal legislation praised by Sen. Steiwer (Rep.Ore.) August, 1936 American Bar Assoc. committee on legislation lauds Court's check on unconstitutional legislation. Court lauded by Sen. Vandenberg as check on Roosevelt's unconstitutional legislation.

5 page -f>- The Senate and the Court Bill This table shows for each Senator, party affiliation, state, his vote on recommitting the Court bill to the Judiciary committee, and his attitude toward the bill, as polled ty the New York Times, in February and in mid-july. F-favors billj A-agalast bill; 0-attitude unknown or Example: Ashurst, A Democrat from Arizona, voted year on motion to recommit, favored bill in February, and in July. Senators who voted to recommit the bill (70): Name, Party, State, Feb.,July Adams (D, Colo.) 0-0 Andrews (D, Fla.) F-0 Ashurst (D, Ariz.) F-F ^Austin (R, Vt.) A-A Bailey (D, N.C.) A-A Barkley (D, Ky.) F-F *Borah (R, Idaho) 0-A Bridges (R, N.H.) A-A Brown (D, Mich,) 0-F ^rown (D,N.H.) 0-0 Bulow (D, S.D,) 0-0 *Burke (D, Neb.) A-A Byrd (D, Va.) A-A Byrnes (D, S.C.) F-F Capper (R, Kas.) A-A Clark (D, Mo.) 0-A *Connally (D, Tex.) A-A Copeland (D,N.Y.) 0-A Davis (R,Pa.) A-A Dieterich (D, La.) 0-F Donahey (D, 0) A-A Duffy (D, Wis. ) 0-0 Frazier (R, N.D,) 0-A George (D, Ga.) 0-A Gerry (D, R.I.) A-A Gibson (R, Vt.) A-A Gillette (D.Ia.) A-A Glass (D, Va.) A-A Hale (R.Me.) 0-A Harrison (D, Miss.) F-F Herring (D, la.) 0-F Holt (D, W.Va.) A-A Johnson (R, Col.) 0-A Johnson (D, Colo.) F-0 *King (D, Utah) A-A Lee (D, Okla.) F-F Lewis CD, 111.) 0-F 'Lodge (R, Mass.) 0-A Logan (D, Ken.) 0-F Lonergan (D, Conn.) 0-A McAdoo (D., Cal.) F-/ <*McCarran (D, Nev.) 0-A McGill (D, Kas.) 0-F McNary (R. Ore.) A-0 Maloney (P,Conn.) 0-0 Minton (D, Ind.) F-F Moore (D, N.J.) A-A Murray (D, Mont,) 0-0 Nye (R,N.D.) 0-A *0phoney (D, Wyo.) F-F Overton (D,La.) 0-A Pepper (D,Fla.) F-F Pope (D, Idaho) F-F Radcliffe (D, Md.) 0-0 Reynolds (D,N.C.) F-F Russell (D,Ga.) 0-0 Sheppard (D,Tex.) F-F Shipstead {Farm-Labor,Minn.) 0-0 Smith (D, S.C.) 0-A *Steiwer (R, Ore.) A-A Thomas (D, Okla.) F-F Thomas (D,Utah) F-F Townsend (R,Del.) A-A Tydings (D, Md.) A-0 Vandenberg (R, Mich.)A-A *Van Nuys (D, Ind.) A-A Wagner (D, N,Y.) 0-F Walsh (D, Mass.) 0-A Wheeler (D, Mont.) A-A White (R, Me.) A-A * Indicate s Senator who signed adverse report of Judiciary Committee on original bill.

6 page -6- Senators who voted against recommitting the bill (20), I3ilbo (D, Miss, ) F-F Hitchcock (D, Neb.) F-F Black (D, Ala.) F-F Hughes (D,Del.) F-F Done (D, Wash.) 0-0 LaFollette (Prog,,Wis.) F-F Bulkley (D, 0) F-F Lundeen ( Farm-Labor, Minn.) F-F Caraway (D, Ark.) 0-0 McKellar (D,Tenn.) F-F Chavez (D, N.M.) 0-F Neely (D,W.Va.), F-F Ellender (D, La.) F-F Schwartz (D, flyo.) F-F Green (D, R,I.) F-F Schv/ellenback (D, Wash.) F-F Guffey (D, Pa.) F-F Smathers (D,N.J.) 0-F match (D, N.M.) F-F Truman (D,Mo.) F-F Senators v,tio did not vote on recommittal: Bankhead (D, Ala.) 0-A (paired for) Berry (D ) 0-F Hayden (D ) F-F Norris (Ind., Neb.) F-F (paired against) Pittman (D,Nev.) F-F Robinson (D, Ark.) F-F (died before vote was taken) A tot al of 53 Democrats, 16 Republicans, and 1 Farmer-Laborite voted for recommital; 18 Democrats, 1 Progressive, and 1 Farmer-Labor ite voted against recommital. A total of 33 Democrats, 1 Ind., 1 Prog., and 1 F-L werq polled as favoring the bill in February; 14 Democrats, 10 Republicans as opposing it; 29 Democrats, 6 Republicans, and 1 F-L as undecided, A total of 41 Democrats, 1 Ind., 1 Prog., and 3. F-L were polled as favoring the bill in July; 22 Democrats, 15 Republicans as opposing it; 13 Democrats, 1 Republican, and 1 F-L as undecided. It is generally thought that at the time of his death, Senator Robinson had received promises of a sufficient number of votes to carry the bill. It will be noted that only five were needed in addition to those polled in July, Senators Andrews, Johnson (Cole.) Bone, and Caraway would probably have supplied four of these five votes* Public Opinion on the Court Bill (Data from Gallup polls) (Presidential Election, Roosevelt , London 37. 5#). Would you favor curbing the power of the Supreme Court to declare acts of Congress unconstitutional? (Dec. 1936) Zee 41% No 59$ Should Congress pass the President r s Supreme Court Plan? (February 1937) Yes 47% No 53$

7 page -7- Should Congress pass the President's Supreme Court plan? (March 1937) Persons voting in '36 for: Yes No Roosevelt London All persons Would you favor a constitutional amendment requiring Supreme Court Justices to retire at some age between 70 and 75? (Apr. 1937) Yes 64* No 36$ Would you favor a compromise on the Court plan which would permit the President to appoint two new judges instead of six? (May 1937) Yes 3856 No 62% Should Congress pass the President's Supreme Court plan? (June 1937) Yes 42* No 58$ Would you like to have President Roosevelt continue his fight to enlarge the Supreme Court? (September 1937) 32* No Do you believe the Roosevelt administration should try to defeat the reelection of Democratic congressmen who opposed the Supreme Court plan? (September 1937) Yes 21% No 7355 If you were voting today, would you vote for or against Roosevelt? (June 1937) Same, (November 1937) For 60% Against 40* Public Opinion About the Nev/ Deal Do you favor an amendment to the Constitution giving Congress' the power to prohibit Child Labor? (May 1936) Yes 61* No 39* Same, February 1937) Yes 76* No 24* Would you favor an amendment to the Constitution giving Congress greater power to regulate industry and agriculture? (March 1937) Yes 58* No 42* Are you in favor of labor unions? (July 1937) Yes 76* No 24* Are you in favor of the AAA? (Poll reported day before Supreme Court decision, January 1936.) Yes 41* No 59* Would you like to see the AAA revived? (August 1937) Yes 41* No 59* Do you think Congress and the President should try to enact a second NRA? (March 1937) Yes 53* No 47* Do you think the Federal government ought to set the lowest wages employees should receive in business and industry? (June 1937) Yes 61* No 39*

8 page - Are you in favor of government old-age pensions for needy persons? (January 193&) Yes 89$ No Do you approve of the Social Security Tax on wages? (January 1938) Yes 73$ No 27$ If there were only two political parties, one for Conservatives and one for Liberals, which party do you think you would like to join? (April 1938) Conservative Liberal Republicans B$% 15$ Democrats 36$ 64.$