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The Supreme Court struck down as unconstitutional many New Deal programs on the grounds of substantive due process. For example, maximum working hours for bakers were struck down. FDR became very frustrated with the Court and threatened to "pack the Court" with justices who shared his judicial philosophy and would uphold his legislation. The Supreme Court gradually began to agree with FDR, and the President abandoned his plan.

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12y ago
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The US Supreme Court used the power of judicial review to overturn six key New Deal programs and close one government agency in 1935 and 1936, in the early years of Roosevelt's New Deal.

Although the President had succeeded in gaining Congressional support for his novel approach to solving the United States' economic problems, the Supreme Court thwarted his plans. The nine justices Roosevelt inherited when he entered office were staunch conservatives who considered many aspects of the new government programs unconstitutional.

In response, Roosevelt drafted the "Judiciary Reorganization Bill of 1937," which, among other things, proposed to add one new (and more liberal) justice to the Supreme Court for each sitting justice over the age of 70.5 years, up to a maximum of six justices (coincidentally, the exact number of sitting justices who exceeded the target age), in an attempt to shift the balance of the Court in his favor.

Congress thwarted Roosevelt's court-packing plan by stripping these provisions from the bill; however, the President's power play sent a message to the justices, who began both cooperating with legislative goals and retiring from the Court. As a result, Roosevelt was able to appoint eight new Supreme Court justices between 1937 and 1941, creating the more liberal Court he'd hoped for.

For more information, see Related Questions, below.

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15y ago
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The US Supreme Court used the power of judicial review to overturn six key New Deal programs and close one government agency in 1935 and 1936, in the early years of Roosevelt's New Deal.

Although the President had succeeded in gaining Congressional support for his novel approach to solving the United States' economic problems, the Supreme Court thwarted his plans. The nine justices Roosevelt inherited when he entered office were staunch conservatives who considered many aspects of the new government programs unconstitutional.

In response, Roosevelt drafted the "Judiciary Reorganization Bill of 1937," which, among other things, proposed to add one new (and more liberal) justice to the Supreme Court for each sitting justice over the age of 70.5 years, up to a maximum of six justices (coincidentally, the exact number of sitting justices who exceeded the target age), in an attempt to shift the balance of the Court in his favor.

Congress thwarted Roosevelt's court-packing plan by stripping these provisions from the bill; however, the President's power play sent a message to the justices, who began both cooperating with legislative goals and retiring from the Court. As a result, Roosevelt was able to appoint eight new Supreme Court justices between 1937 and 1941, creating the more liberal Court he'd hoped for.

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14y ago
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The supreme court opposed the New Deal, because there were nine members in total, and seven were Republicans. The Republicans did not agree with President Roosevelt's New Deal laws.

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12y ago
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11y ago
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Q: Why did the supreme court oppose the New Deal?
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