Unit Overview

Following the election of 1936, Franklin Roosevelt addressed the American people on the need to reform the Supreme Court. His attempt to "pack" the court by appointing an additional justice for every one who had attained the age of 70 and refused to retire, was one of the few times that the President did not succeed in his policies. Students will learn how and why this happened.

Students will investigate and analyze historical resources related to President Roosevelt's controversial proposal to reorganize the Federal Judiciary in 1937. As a result of their investigation students will:

Informational Content

• Understand the nature and motivation behind the President's actions and why the proposal to reform the judiciary generated such controversy
• Understand the complex political and constitutional aspects of the legislative process
• Understand the different points of view embodied in the debate on the reorganization of the Supreme Court
• Understand the relationship Franklin Roosevelt had with the Congress, the Supreme Court, and the American people.

Concepts:

• Understand the role and process of political persuasion
• Understand the role of the Supreme Court in the legislative process.
• Understand how to amend the United States Constitution.

Skills:

• Read and analyze primary sources for specific content.
• Describe and summarize the content of individual texts for the benefit of other students.
• Effectively represent and persuasively argue a point of view

The following State of Illinois learning standards apply to this lesson and can be found at: http://www.isbe.state.il.us/ils/
14.A.3; 14.C.3; 14.F.3a.; 16.A.3b.; 16.A.3c.; 16.B.3c.

Resources Needed

The Constitution of the United States. Articles and Amendments
Background essay on the Supreme Court Reorganization Plan
Relevant documents from the New Deal Network
Letters from concerned citizens
Political Cartoons and the Court Packing episode
Relevant Supreme Court Cases and Decisions

Through an examination of the United States Constitution and a careful investigation of the speeches, letters, and other commentary related to the controversial Supreme Court Reorganization proposal, students will understand the complexities of the political process. They will assume the character of one of the personalities engaged in the debate during the 1930's and present their character's point of view to their classmates in a formal setting.

The strategy, which follows, requires that students participate in a number of activities that span a period of several days. Teachers may wish to adjust the schedule and activities to meet their particular style and timeframe.

Phase One: Assuming A Point Of View On The Constitutional Issues

Consult the United States Constitution and

review with students the system of checks and balances and the Separation of Powers
discuss with students how to amend the US Constitution

Assign specific letters to students from the appropriate site on the New Deal Network. They may work on this aspect as individuals, pairs, or as a group assignment.

After discussing the relationship that FDR had with Congress and the Supreme Court as revealed by the letters sent during the reorganization of the judiciary, have students decide which point of view they tend to agree with and why. Encourage them to provide evidence from the appropriate letter-writers to back up their argument.

Give students an essay question as an evaluation of this segment of the assignment. This will compel them to commit to a particular point of view and bring a focus to other aspects of this lesson

Phase Two: Further Investigation Into The Point Of View

Students assume roles of the President, members of his administration, prominent legislative leaders of the New Deal period, members of the press, and other personalities that would enhance the debate, as determined by the teacher.

Teachers may wish to allow students to select their own role or assign them. Point out the guiding questions that accompany each legislator's speech. If access to technology does not permit, you may wish to print these questions and hand them out to the student(s) who will represent that person.

Have students go to their character's speech in the New Deal Network. They should read the speech carefully enough to be able to answer the guiding questions and articulate their character's position.

This may take 2-3 days to complete.

Phase Three: Representing A Point of View

Have students write a summary, in their own words, of their character's point of view regarding the reorganization of the Supreme Court. They should refer in their summaries to their responses to the questions from the discussions and the work of previous days. This assignment should be handed in to the teacher the next day to make sure students have an accurate understanding of their role and point of view regarding the important issues.

Phase Four: A Related Political Cartoon Activity

If time permits you may wish to use political cartoons to check students knowledge and to confirm student understanding of the various issues to be raised during the upcoming classroom debate. You may find this a great opportunity to develop social studies skills by analyzing several of the cartoons with the entire class. Consider a homework assignment focusing on the analysis and interpretation of a political cartoon for the next day.

Phase Five: Preparing To Present Their Point Of View

Provide time for students to carefully consider their point of view and to finalize in written form the brief presentation/ speech that will be due and presented the next day. The presentations will be given in the order outlined in Phase Six (below):

Phase Six: Role Playing Simulation

1. FDR will begin by presenting his views on the Supreme Court.
2. The Senators opposed to the reorganization will present their views.
3. The Senators who supported the measure will present their views.
4. Eleanor Roosevelt (or other administration representatives) will present their views.
5. The press who were for the reorganization will present their views.
6. The press who opposed the reorganization will conclude by presenting their views.

This phase of the activity may take 2-3 days.

Assessment

Alternative One:

Students will write an essay answering the following question:

After explaining the relationship that FDR had with Congress and the Supreme Court during the reorganization of the judiciary, decide which point of view you agree with and why. Make sure you use examples from the appropriate speakers to back up your argument.

Students will be graded on the following criteria:

1. Explanation of relationship is well developed.
2. Opinion is clearly stated for one point of view.
3. Examples from the speakers are clearly given and have a direct relationship with the student's opinion.
4. Grammar, spelling, and neatness.

Alternative Two:

Students will write an essay using the instructions and documents provided in a Document Based Question. Teachers may use the DBQ created by Jim Molloy or select appropriate documents and design their own DBQ.