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FDR and the Supreme Court
The President of the United States,
March 10, 1937
Mr. President:
A letter from the owner of a chain of newspapers tells me just who to see and just what to say to oppose your Court plans.
For six months prior to election, I read and argued seriously and voted for you although I am a Republican. I had many good reasons for this action and feel free to address you since I am in no sense a politician. As I see it, in your efforts to make the Governmental machinery accomplish many desirable things you are told by the Supreme Court that it is not that kind of machine.
Your opponents have some just grounds for their position and probably many of them are sincere. It is probably true that the Constitution is limiting contract which with our other institutions and traditions furnishes the basis for our patriotism and esprit de corps. England has it's (sic) line of kings as a fetish to aid in controlling men from their vagaries. Men appear to require some such a thing either in religion or politics. In this rather hysterical age such valuable aids should not be cast aside lest in a few years some man becomes President who lacks your great leadership and sincerity.
It does seem that a five-four vote is a difference of opinion rather than a decision. This would be true in the mind of a single individual and hence in two or nine minds. I believe that a two thirds or more vote of Congress should settle such controversy. Probably a seven to two vote might be considered as a decision but it may be reasonable to let the people decide through their representatives according to their wishes when the Court admits by a close vote that the constitution does not fully nor clearly cover the questions.
Such an amendment would preserve the prestige of the Supreme Court; is so fair that it should silence your enemies; would pass easily and would protect you from criticism if things go wrong.
I am answering the newspaperman by sending my views to the man who is working hardest for the benefit of his country. Sometimes I may criticize him but I wish I might be of greater aid to him, that his purposes might be accomplished with no untoward remote results.
With kind regards,
Yours very sincerely,
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