Question

Using Checks and Balances, the President appoints Supreme Court Justices, but Congress has to vote to approve the appointments. If Roosevelt had been able to appoint more justices in his 'Court Packing' plan, what do you think would have been the impact? (U3.3) (Unit 1-4 EOC Study Notes) TEKS - 19(B) (1 point) Responses The power of the Executive Branch would have been decreased. The power of the Executive Branch would have been decreased. The Supreme Court would have gained too much power which is against the Constitution. The Supreme Court would have gained too much power which is against the Constitution. Roosevelt would have had more justices to rule in favor of what he wanted. Roosevelt would have had more justices to rule in favor of what he wanted. Congress would have been skipped over in this process, and Check & Balances would have been breeched. Congress would have been skipped over in this process, and Check & Balances would have been breeched. This would have made a court with nine justices instead of seven. This would have made a court with nine justices instead of seven.

Answer 1

If Roosevelt had been able to successfully implement his 'Court Packing' plan and appoint more justices to the Supreme Court, several significant impacts could have occurred:

1. Increased Executive Influence: Roosevelt would have had a greater number of justices who could potentially rule in favor of his New Deal initiatives. This could have allowed for more expansive interpretations of the Constitution regarding federal powers and social legislation, thereby advancing his agenda more effectively.

2. Erosion of Checks and Balances: By increasing the number of justices, Roosevelt might have undermined the principle of checks and balances. The Supreme Court is intended to act as a check on the powers of the Executive and Legislative branches. If the Court became more aligned with Roosevelt's views due to his appointments, it could lead to an imbalance where the Executive branch wields excessive power, thereby threatening the foundational structure of the government.

3. Potential Backlash and Legitimacy Issues: The 'Court Packing' plan was widely criticized and could have led to a public backlash against Roosevelt. Many viewed the attempt as a power grab, which could have undermined the legitimacy of the Supreme Court. A perception of a politicized judiciary might have diminished public trust in the judicial system.

4. Long-Term Effects on Judicial Independence: If Roosevelt had succeeded, future presidents might have felt emboldened to manipulate the judiciary for their own purposes, potentially leading to a cycle of politicization of the Supreme Court. This could have established a precedent that altered the traditional separation of powers.

5. Impact on Future Legislation: More favorable rulings for Roosevelt's policies could have had immediate benefits for his New Deal programs, potentially allowing for more significant social and economic reforms during his administration. However, this might also have set a precedent for future administrations to seek similar control over the judiciary, impacting the overall political landscape.

Overall, while Roosevelt’s ability to appoint more justices could have bolstered his policy goals, it would likely have raised serious concerns about the independence of the judiciary and the long-term implications for American governance.