Word: hart
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Dates: during 1930-1939
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Edward B. Hill '94, James Ditson Professor of Music: Louis F. Fieser, Professor of Chemistry; George B. Kistiakowsky, Professor of Chemistry; Edward S. Mason, Professor of Economics; Livingston Hall, Professor of Law; Henry M. Hart, Jr. '26, Professor of Law; and Henry A. Murray, Jr. '15, Associate Professor of Abnormal and Dynamic Psychology...
...supporting Roosevelt, Dr. Hart examines four points taken from President Conant's public statement, and constructs his case out of the debris. He first takes exception to the charge that Roosevelt is attempting to "pack the court", a phrase which he claims contains a critical ambiguity...
...Hart next questions whether the proposal can be considered a threat, as President Conant stated, "to freedom of speech and inquiry", to "liberty itself". This fear, he believes, is based on a possible future misuse of a now defensible measure. This raises the question: Just how dependent is personal liberty on the actions of the Supreme Court...
Another shot aimed at the proposal is that it will help pave the way for a dictatorship. Hart believes that the Court would be very little protection once a popular majority had been won over by the emotional appeal of a would-be dictator...
This is not a question of recent origin as Conant implies, Hart warns us. Its roots go back to 1905 to Justice Holmes' dissenting opinion in "Lochner v. New York" in which he denounced a law forbidding employees in bake-shops to work more than 60 hours a week as arbitrary and capricious...