The Republican. [volume] (Oakland, Md.) 1877-current, 1937-02-11
PACKING THE COURT


An Editorial from Sum- Saturday. February 1887
Mr. Rooseve recommendations Congress concerning the
judiciary are scheme to pack the Supreme Court of the
United States He seeks this weight the highest court
IN the land in favor of his theories of constitutional interpreted
ton devious method of accomplishing constitutional changes
which be achieved under the the Constitution ITSELF
by straightforward methods The Presidents PROPOSAL is there
FORE morally indefensible.
That ALL The President is fresh from national election in
which he repeatedly challenged
plans either to amend the Constitution alter Supreme
Court He silent before these challenges
when the voters were going to the polls He thereby permitted
those who might have voted against him. had he declared himself
on the great issue of the Constitution the court
him on other issues Therefore, his present plan revouone
the Supreme Court and thus to change the prevailing theories of
constitutional construction takes quite plainly the character of
deception TO put conservatve Mr. Roosevelt has been dn
genuous with the people of this country his approach method
OF constitutional change which u.s. in itself, devious
Ostensiby Mr. Roosevelt is merely applying the Supreme
Court certain changes which he applying the inferior
Federal courts He that when judge reaches 70 years
ne become nrm either physically mentally yet may
refuse to retire Indeed his nmy cloud his judgment
his fitness That of quite It is
for States to require the retirement of judges at the age TO-
Maryland for example, has recently strengthened retirement
provisions Since Federal judges hold Office during good
that u.s. for fethe President proposes Judge the
ferior Federal courts whenever sitting judge reaches 70 years.
And then by extension of argument he position which
would give him six new members of the Supreme Court of the
United States
If it be true that acute evils have arisen in the inferior
sb that practical remedy could the provision an
additional judge to share take the work of each member of
the bench who has reached 70 years. If are really
despite the provision of PENSIONS the straightforward
would be constitutional amendment retire judges age
70 But probably would be practicable the
evils by appointing the additional judge would coadjuor
which the members of the bar would be party To all nten and
the judge would be the real Judge Judge
would tend to become fgurehead at full pay
Rut woo
Court set of conditions discovered Members Su
Court do not sit individual judges It is possible
give each member the Supreme Court aged 70 coaduor
will othe work. The Supreme Court sits body decides
body Consequently when judges provided they not
sit substitutes they sit additions to the collective body And
instantly such gains might appear the inferior dis
spated For the nm the Supreme Court remains
and obsruc the work of the bench He cancels the vote the
Judge effectively the judge cancels his If there evils
the Supreme Court due to physical mental nm those
evils not to be cured by the simple addition of judges
Mr. Roosevelt believes that the WHOLE age
enlightened conduct Of the work of the Supreme Court should
seek his remedy the that as
tic alteration of constitutional law that by direct and straight
forward methods He should seek amendment to the Cos
ton which would compel the retirement Supreme
Court at given He would have to face arguments
the services of the Homses and the Bandese the Marshas and
the Stoys But the weight of evidence against aged Judges
despite these eminent the President ought be able
the evidence And he ought orderly manner rather
than to submit scheme which would continue the Supreme
Court whom he believes to be unfit for further
Of squartoed facing fundamental questions
the composition of the Supreme what the Pres
dent thinking about He is not trying to fashion plans that
would strengthen the Court and facilitate it's regardless
of the nature of the Courts decisions What Mr. Roosevelt
thinking about is the fact that of the judges of the Su
Court six above the of 70 years these
four uniformly vote against him and he Chief Judge
votes against him often for him. And Mr. Roosevelt think
ing that if he could add six judges the three outright Glib
erals the bench he woudn existing circumstances
the Of majority of nine to six in constitutional
such appeared in NRA He might himself wrong
but that is his calculation and that alone
In brief he is said in the beginning trying pack the
Supreme Court of the United States caous It
should be rebuked in emphatic terms by public opinion by
such members of the Senate and House of Representatives
dignity and of duty