Word: legalism
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Dates: during 1930-1939
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...School in protest to President Roosevelt's judiciary evasion proposal. Their petition should serve as the touchstone for many more in all the Universities of the country. The Administration should be made aware that an ominous portion of his New Deal supporters are unconditionally opposed to any legal acrobatics dealing with the stability of the Supreme Court under the Constitution as it now exists...
...sternly said: "Cleverness and adroitness in dealing with the Supreme Court are not qualities which sober-minded citizens will approve." Said a Scripps-Howard editorial writer: "Though not as crude as President Grant's coup adding two members to the high bench to win majority approval of his legal tender law, Mr. Roosevelt's proposal, in its political sense, is designed to achieve the same end. And because that purpose sticks out like a sore thumb, the President must accept much of the responsibility for returning the controversy to the realm of emotion...
...President's message was an argument for a change in the judiciary on the simple grounds of good government, his major proposal had an ulterior motive. It was patently contrived to let him override the Supreme Court as now constituted by adding or replacing Justices to support the legal contentions of the New Deal. Conservatives Butler, 70, Sutherland and Hughes, 74, McReynolds, 75, Van Devanter, 77, are all of retirement age. Of the Liberals, only Justice Brandeis, 80, would be affected...
...urging repeal of a crucial section of the Judiciary Act of 1789. Unsuccessful, and only partly mollified as death made vacancies for Democrats, the hard-bitten old Indian fighter crystallized his view of the Supreme Court in a traditional comment on the decision which first gave Indians their legal status as government wards, "John Marshall has made his decision," Jackson roared, "Now let him enforce...
...Republican Congress and President settled the Court at its present size under circumstances highly suggestive of packing. Up for Court decision were the Legal Tender Acts involving the issue of Civil War greenbacks. Resignation had made one vacancy on the Court: Congress had year before created another. On the very day the Court handed down a 4-to-3 decision against the greenbacks, President Grant filled the two vacancies. On rehearing, the greenbacks were upheld...