Evening star., 1954-05-15
The Political MiII
Buffers Proposal
Protects High Court
Amendment Would Bur
Any Packing Plans
The Political Min
By Gould Lincoln

The late President Franklin D.
Roosevelt knocked down the two-term
tradition for Presidents of the United
StateS-and was himself elected to q
third term and then a fourth term.
And in 1887. during his second term,
President Roosevelt sought to have
Congress enact a law giving him the
power to appoint an additional mem
ber Of the Supreme Court for every
justice who had served for ten years,
reached the age of 20 and would not
resign within six months. The ST.
preme Court at that time included
number of members who hid passed
the age Of 10. In fact. the court was
referred to in some quarters disparag-
ingly as "the nine old men," It had
declared some of the New Deal legis-
lation unconstitutional. So Mr.. Roose.
velt was Immediately charged with at
tempting to pack" the court with men
who would favor the kind of laws
which he desired The President him
self declared that men whose concep-
tons of the Constitution belonged to
the "horSe and buggy days" had no
business on the Supreme Court. Con-
gresS refused to 60 along with PreSi-
dent Roosevelt. and the bill which he
had approved in a message to Con-
gress died. 1t was Mr.. Roosevelt's first
major defeat at the hands of that
body, which was at the time strongly
Democratic.
With the Support of Democrats.
The first Republican Congress to
serve after President Roosevelt's death
the 8Oth Congress-put through q
resolution amending the Constitution
so as to limit President to two elective
four-year terms-although a President
who had entered the White House from
the vice presidency was entitled to two
additional years. The resolution pro-
posing the constitutional amendment
was supported by many Democrats. It
was eventually ratified by more than
the necessary three fourthS of the 48
States. 1t is now part of the Constitu-
ton, and so diSpoSes of Mr.. Roosevelt's
first challenge to the country's tradi-
tions, coming down from the days Of
George Washington.
The second Republican Congress
the 83d-since the days of Mr.. Roosevelt
has undertaken to deal with attempts
to pack" the Supreme Court through
legislation once and for all.
In this it has had the aid of Demo-
Gratis, too. On Tuesday, the Senate
by vote of So to 10 put through a
constitutional amendment, offered by
Senator Butler. Republican. of Mary
land, which fixes a membership of the
Supreme Court at one Chief Justice
and eight associate justices. It has
still to receive approval of the House
before it is submitted to the States for
their ratification. Mr.. Butler in his
opening statement to the Senate said
that his proposal was not born of
partisanship, but solely from a desire
to strengthen the independence and
integrity" Of the Supreme Court; to
keep it free in the future from any
threat or attempt to dictate or compel
its decisions according to any particu-
lar theory of government. Mr.. Butler
argued that history had found that a
membership of nine was an efficient
number-that to increase the number,
would be to lessen that efficiency. He
quoted the late Chief Justice Hughes
to that effect
ROOsevelt's Attempt Not the First.
Mr.. Roosevelt's attempt to pack"
the court was not the first. Back in
1866. when a radical Republican Con-
greSs was in the saddle and strongly
opposed President Andrew johnson,
who had been Lincoln's Democratic
Vice President, it did what Mr.. Roose-
velt was unable to do. 1t passed legis-
lation tampering with the number Of
the Supreme Court-reducing the
number from 9 to for the sole pur-
pose of preventing President Johnson
from filling two vacancies on the court.
In 1869, after Gen. Grant had sue
ceeded Mr.. Johnson, the membership
of the court was restored to 8, and
there it has remained for IS years.
The Butler amendment contains
other provisions. relating to compulsory
retirement at IS for the justices and
appellate jurisdiction of the court.
The main object, however, is to prevent
what Roosevelt sought to do, and what
Congress did do. in the matter of court
packing"