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.

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 arisen:

1. Increased Executive Power: Roosevelt would have likely had more justices who supported his New Deal policies, which could have enabled him to push through legislation and programs more effectively. This could have strengthened the Executive Branch's influence in governance and potentially set a precedent for future presidents to follow similar strategies.

2. Impact on the Supreme Court's Independence: With an increased number of justices who were aligned with Roosevelt's views, the independence of the judiciary could have been compromised. Critics argued that such a move would undermine the fundamental principle of separation of powers, potentially leading to a scenario where the Supreme Court became an extension of the Executive Branch.

3. Erosion of Checks and Balances: Roosevelt's plan could have led to a breach of the system of checks and balances as it would allow the Executive Branch to exert undue influence over the judiciary. This concentration of power could create a concerning precedent, where future presidents might feel empowered to alter the composition of the Court to suit their agendas, stifling the judiciary's role as a check on presidential power.

4. Public and Political Reaction: The Court Packing plan faced significant backlash from both political opponents and some members of his own party. If Roosevelt had successfully appointed more justices, it might have further polarized political opinions and sparked a major public debate over the limits of presidential power, judicial independence, and the role of the Supreme Court.

5. Long-term Effects on Judicial Precedents: A court comprised of justices favorable to Roosevelt might have altered critical decisions regarding economic regulation, civil liberties, and government intervention, leading to a long-term shift in judicial precedents that could impact American law for decades.

In summary, while Roosevelt's intention may have been to ensure that the judiciary aligned with his policy goals, successfully implementing the 'Court Packing' plan could have resulted in a significant shift in the balance of power among the branches of government, raising concerns about judicial independence and the robustness of checks and balances in the U.S. political system.