Contents

James Truslow Adams
"What The Supreme Court Does For Us"

Paragraph 1

1. Define the following:
   

   Non-partisan
   Bulwark

2. Who should decide the issue of increasing the number of Supreme Court justices?
   
3. What role does the Supreme Court play in our freedoms?

4. Define "expeditious"
   
5. What is wrong with the idea that a fifteen-member court is faster than a nine-member court?

6. Define "mandate"
   
7. What mandate did President Roosevelt run for office on concerning legislation and the judicial branch?

8. Define "validate"
   
9. What is wrong with any proposed amendment concerning changes in the Supreme Court?

Paragraph 13

10. What is the biggest fear for the future that Adams has if this power is granted to Franklin Roosevelt?

William E. Borah
"Our Supreme Judicial Tribunal: Proposed Changes And The People"

Paragraph 13

1. What should the courts stay away from to keep peoples' rights and freedoms?

2. Define the following:

   Tribunal
   "universal constitutional baptism"
   purloining
   pillage

3. What are the two Supreme Court proposals?
4. Who should decide any governmental changes in power?

Robert J. Bulkley
"Precedents For The Court Plan"

Paragraph 6

1. Define:

   Arbiter
   Validity
   acquiesced
   implication
   prerogative
   contravene
   

2. Where does Bulkley say the Supreme Court got its power?
   
3. Could this power be changed? How?
   
4. What does he say about the Constitution during times of change?

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5. When is it okay for the judiciary to declare congressional acts unconstitutional?
   
6. When should the court not use its judicial power? What is the result of the Court misusing its power?

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7. What is wrong with the Constitution's system of checks and balances?

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8. Why does Bulkley feel that the number of justices should be increased?

Paragraph 17

9. If people are opposed to increasing the number of justices, what kind of supremacy will the country have?

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10. What does the Supreme Court need to do during the depression?

Paragraph 19

11. What kind of approach has the Court taken towards the effort of the President and Legislators' attempts to fix the Depression?

John H. Clarke
"The Naked Question Of The Constitutionality Of The Court Proposal"

Paragraph 3

1. What does Mr. Clarke believes is the basic question when the issue is the Supreme Court?

2. What is the history of the Court and Congress?

3. Why is it okay to change the number of judges?

4. What does the Constitution say about the court system?

5. What has happened before in the issue of the Supreme Court and Congress?

6. Does Mr. Clarke feel the increase in the number of justices is constitutional? Why?

Homer S. Cummings
"Reason's For President's Plan And The Remedy"

Paragraph 4

1. What has been happening with court cases in the Federal courts?

2. What is wrong with the judges?

3. What is wrong with the 1869 pension system?

4. Define the following:

   injunctions
   litigation

5. What has happened to the Courts when acts of Congress are questioned?

6. Why are new judges needed as the nation grows and changes?

7. Who is to blame for limiting the freedoms of the people?

8. Does Cummings feel that this is an immoral or unconstitutional proposal?

9. What is the reason for the increase in the number of judges?
   
10. How could the judges limit the increase in the size of the Court?

11. What is wrong with changing the Court by amending the Constitution?

George R. Farnum
"Storm Over The Supreme Court"

Paragraph 3

1. Define "tribunal"
2. Who or what is the "guardian of the Constitution" ?

3. Why is it no wonder that not all of the New Deal legislation has passed the test of the Supreme Court?

4. Define the following:

   Incarnate Subservient Coup d'etat Corollary

5. What will the Supreme Court become if this proposal goes through?

6. What is it the President Roosevelt wants to do to the Supreme Court?
7. What kind of impact would this proposal have on the justices themselves?

8. What has the President done wrong in the opinion of Farnum?

Paragraph 4

1. Who is Glass speaking for?
2. What has been their reaction to this proposal?

3. What does Glass say about the propaganda that has been spread?

4. What should the American people do about this proposal?

5. Would Thomas Jefferson be in favor of this proposal?

6. What should happen to the US government if this proposal passes?

7. What is the status of State rights at this moment in time?

8. What are the real crises of the nation?

9. What was wrong with the National Recovery Administration (NRA), according to Glass?

10. What does Glass see happening with this new Supreme Court?

11. What did President Roosevelt not do for the American people?

12. How does Thomas Jefferson feel about increasing the number of Supreme Court justices?

13. What is missing from the proposal for the Supreme Court?

Paragraph 10

1. According to Hoover, what is the real issue?

2. Whose problem is this?

3. What does it mean for six justices if President Roosevelt increases their numbers?

4. What will happen to the speed of the Supreme Court if the number of justices is increased?

5. What have the decisions been like from the Supreme Court?

6. According to Hoover, what has the Supreme Court not done?

7. What was wrong with the National Recovery Administration (NRA) ?

8. What is the real reason for increasing the number of Supreme Court justices?

9. What is the proposal the equivalent of?

10. Does this decision need to be made right away? Why?

Paragraph 19

1. Define "advocating?
   
2. What role does the President play towards democracy?

3. Define detriment
   
4. What is a guardian?
   
5. What may be lost if the Court's number of justices is increased?

6. What is his argument for using the amendment process?
7. Why should the American people be the ones to decide this issue?

Paragraph 11

1. Define arbitrary
2. What does it take for a law to be held as constitutional by the Supreme Court?
3. What are the guidelines for a law to be unconstitutional?
4. According to Landis, how did the Supreme Court get its powers for legislative actions?

5. In the last sentence of this paragraph, what does Landis feel is the problem?

6. Besides the law, what else do constitutional lawyers need to know?

7. What are the first of four attitudes that can be taken towards this problem of increasing the size of the Supreme Court?

8. What is the second attitude?
9. How does it differ from the first?

10. What is the third course of action?

11. What would an amendment like the one proposed in paragraph 25 do to Congress?

12. What does Franklin Roosevelt's proposal seek to do between the three branches of the government?

Paragraph 2

1. Does the age of 70 mean much to the justices of the Supreme Court? Why?

2. Why is President Roosevelt's proposal being attacked?

3. What will happen to the legislation proposed by Franklin Roosevelt and approved by Congress if he gets to appoint six new justices?

4. What is the deciding factor for approving or denying this increase in the number of Supreme Court justices?

5. How does Lewis feel about this proposal? Why?

Paragraph 3

1. What does Moley mean by, "keep our feet on the ground of reality and our heads out of the clouds of emotion and misrepresentation"?

2. Define "plenary"
3. What is wrong with the Democrats and the Child Labor amendment?
4. What is wrong with the argument that it takes too long to pass an amendment?

5. Looking at the sentence; "I do not want Presidents then—as now—... "; explain what Moley means.

Paragraph 4

1. What improvements have been made to the Supreme Court?

2. What years and what changes have been made to the Supreme Court?

3. Why is legislative actin needed?

4. How is the Supreme Court overworked? What does President Roosevelt say to back up this idea?

5. What does Franklin Roosevelt have to say about the ages of the justices?

6. Why were the justices given lifetime terms?
7. Why are more justices needed?

8. How does Franklin Roosevelt want to increase the number of Supreme Court justices?
9. What are Roosevelt's arguments for doing this?

10. Define the following:

    Compulsory Congestion Eminence

11. Does President Roosevelt want judges to be required to retire? Why?

12. Define the following:

    Welter Disrepute

13. What has been happening with the courts and legislation?

14. Why has equality among the different districts been missing?

15. What is the President's main goal with this proposal?

Paragraph 34

1. What is wrong with democracy at this time?

2. Define the following:

   General welfare Constitutional authority

3. What was the purpose of the Agricultural Adjustment Act?

4. What does President Roosevelt believe will happen to any new farming legislation?

5. What happened to programs from the President and Congress?

Paragraph 6

1. What does "private contract" mean?
2. What is the meaning of the phrase, "to exact a pound of flesh"?
3. According to President Roosevelt, what is the main objective of the Constitution?
4. What does "enduring nation mean"?

5. Define "catastrophe"
6. Have the Courts been supportive or not supportive to Congress?

7. Define "avail"
8. What happens to the Supreme Court if a justice turns 70 years old?

9. Explain "administration of all Federal judges".
10. What knowledge would younger men bring to the Supreme Court?

11. What are two points Roosevelt makes for choosing the new judges and their sole support for him?

12. Define infringe
13. What will his proposal not do to the American people?

14. What does President Roosevelt use to prove he wants to keep civil and religious freedoms?

Paragraph 2

1. What was the basis for the Supreme Court's decision in declaring the AAA unconstitutional?

2. What is a dissenting opinion?

3. What does the writer mean by "the last bulwark of the vested interests?

Heading

1. Who is the audience for Mr. Farley's address?

2. According to the author, what is the goal of Republican politicians?

3. What is the difference as reported by Farley, in the prosperity of 1936 and 1937, and that which Americans experienced during the Republican dominated era of the 1920's?

4. What is the author's response to the charge that New Deal proponents are "unbalancing the budget"?

Paragraph 1

1. Specify the provisions of the proposal in your own words.

2. What is the role of "proctor"? Speculate about why the authors of the proposal have created this role.

Paragraph 1

1. In what sense does the writer of this editorial mean that the President's proposal would "...end the American State...?"

Paragraph 7 (and 80)

1. Hoover refers to the election as a contest between two philosophies of government... What specifically does Hoover perceive to be the essential differences in these two philosophies?

2. "Freedom dies not from frontal attack." How would you describe Hoover's point in your own words?

3. How has the Roosevelt administration worked in subtle ways to undermine American's freedom?

4. Why does Mr. Hoover choose to refer to the ideas listed in the preceding paragraphs as Trojan horses?

5. What concerns seem to be motivating Hoover's emphasis here on moral recovery?

6. Can you add anything to your comments to the first question- distinguishing between the two philosophies of government?

Paragraph 6

1. What controversy is being referred to here by the reporter in his question asking for a comment about the NRA

2. What themes become evident from FDR's reading of these letters from businessmen?

3. Throughout this press conference, the President and reporters make reference to Constitutional provisions and previous Supreme Court decisions. What were the facts and what was the importance of each of the following: (Hint... You might wish to check the Resources section of the New Deal Network for on-line links to legal and Constitutional information.)
   • Dred Scott Case
   • Schechter Case
   • Knight Case
   • Interstate Commerce clause

4. What is FDR's main concern about the major question raised by the Supreme Court decision in the Schechter case?

5. What is the challenge that Roosevelt sees in the Supreme Court's decision?

6. What is FDR's feeling about human nature and voluntary controls over economic activity?

7. What does the President propose to do in reaction to the Court's decision?