Franklin D. Roosevelt's 1937 court-packing plan sought to expand the Supreme Court—and failed

Court-packing is the attempt to change the number of Supreme Court justices to shift the balance

Because the Constitution leaves the court's size to Congress, presidents have periodically sought to expand or reshape it. This explainer examines past efforts—including Franklin D. Roosevelt's failed 1937 plan—and why court-packing remains so controversial.

FDR greatly expanded the authority and size of the executive branch

FDR expanded presidential power through the New Deal, World War II leadership, and direct communication with the public. He redefined the executive branch as an active policymaking force and established expectations for strong, interventionist presidential leadership.

The New Deal shifted economic and social authority to the federal government

Franklin D. Roosevelt's response to the Great Depression expanded federal power through economic regulation and social welfare programs, permanently reshaping federalism by shifting responsibility for financial security to Washington while leaving states to administer many of these programs.

See who appointed the Supreme Court's 116 throughout its history.

The 22nd Amendment was a reaction to Roosevelt's four terms

After Franklin D. Roosevelt won four elections, Congress moved to prevent future presidents from holding power indefinitely. Ratified in 1951, the 22nd Amendment set a firm two-term limit as a safeguard against extended presidencies.

Franklin D. Roosevelt was the only president to serve more than 2 terms

Franklin D. Roosevelt broke with precedent by winning four consecutive presidential elections. Serving from 1933 until his death in 1945, he remains the only US president to hold office for more than two terms.

Roosevelt's 4 elections were driven by 2 major crises

Franklin D. Roosevelt won third and fourth terms in 1940 and 1944 as Americans emerged from the Great Depression and sought continuity during World War II. Voters prioritized stability, keeping Roosevelt in office until his death in 1945.

The 2025-26 Supreme Court docket is poised to reshape presidential power

As the Supreme Court begins a new term, several major cases could define the scope of presidential authority. The court may rule on President Trump's efforts to control state National Guard units, fire independent officials, impose tariffs, and cut congressionally mandated federal spending.

FDR changed the date of Thanksgiving, then changed it back

In the waning years of the Great Depression, President Franklin Delano Roosevelt attempted to move Thanksgiving up by a week, giving merchants a longer holiday shopping season. After pushback from lawmakers, he reversed course in 1941, permanently fixing the date of Thanksgiving on the fourth Thursday of November.

Marshall used deft political maneuvering to increase the court's power in Marbury v. Madison

This podcast explores how Chief Justice John Marshall avoided a direct clash with President Jefferson by denying William Marbury his commission—while simultaneously declaring that courts can strike down unconstitutional laws—cementing judicial review, and expanding the Supreme Court's authority.

See the presidents with the most vetoes

Franklin D. Roosevelt issued a record 635 vetoes—more than twice as many as any other president. Other frequent users include Grover Cleveland (584), Harry Truman (250), and Dwight Eisenhower (181), reflecting long tenures, divided government, high legislative output, and assertive executive leadership.

Franklin D. Roosevelt used radio to connect directly with Americans through his 'Fireside Chats'

Beginning in 1933, FDR harnessed the new medium of radio to explain policies and reassure the public during the Great Depression and World War II. His conversational fireside chats revolutionized presidential communication.

The Supreme Court limited federal judges' power to issue nationwide injunctions in 2025

In a 2025 decision arising from litigation over a presidential order on birthright citizenship, the Supreme Court held that individual federal judges may not nationwide block executive policies—curbing the use of sweeping injunctions and reshaping how constitutional challenges proceed through the courts.

New Deal programs still shape mandatory federal spending today

Many of the largest items in today's federal budget—especially mandatory programs—trace their origins to Franklin D. Roosevelt's New Deal. This podcast explores how those policies reshaped federal spending and government responsibility.

The Social Security System was created to protect Americans from economic disasters like the Great Depression

President Franklin Delano Roosevelt’s New Deal created new government agencies and programs in the wake of the Great Depression.

The powers of the judicial branch have expanded since the nation's founding

Initially, the Supreme Court was seen as the weakest branch, lacking "the power of the sword or the purse," as Alexander Hamilton noted in *Federalist No. 78*. This podcast explores the political conflicts and pivotal decisions that transformed the court into the powerful constitutional authority it is today.

John Marshall strengthened the Supreme Court and national authority

As chief justice, John Marshall established the principle of judicial review. He reinforced federal supremacy in key cases, defining the Supreme Court as a powerful arbiter between states and the national government under the US federal system.

The Social Security Act was formed to protect retired workers amid the Great Depression

President Franklin Delano Roosevelt’s New Deal created new government agencies and programs in the wake of the Great Depression, including the Social Security Act.

A court designed to be the least powerful branch of government became one of the most influential institutions in America.

The framers feared creating another monarchy through an unchecked executive

Having rebelled against British royal power, the framers deliberately limited the presidency—balancing "energy in the executive" with safeguards against tyranny. Debate at the 1787 Constitutional Convention centered on preventing any return to monarchical rule.

In recent decades, Supreme Court nominations have grown increasingly contentious and partisan

This video examines the historical shift from bipartisan, civil confirmation hearings to the deeply divisive process seen today. It focuses on the 1987 nomination of Robert Bork, the most recent nominee to be rejected, as an important moment in this transformation.

John Marshall inherited a marginal and largely inactive Supreme Court

By 1801, the court had little institutional authority or public standing. Its first three chief justices served only 11 years combined, and in its first decade, the court decided only 63 cases—none of which struck down a federal or state law.

Explore the nearly 1,000 laws, regulations, and provisions the court has held unconstitutional since Marbury v. Madison

Over more than two centuries, the Supreme Court has struck down nearly 1,000 federal, state, and local measures—exercising its authority to invalidate laws that conflict with the Constitution and shaping civil rights, the separation of powers, and the scope of government authority.

A single 1803 Supreme Court case, Marbury v. Madison, gave courts the power to strike down acts of Congress.

The Supreme Court has greatly expanded executive power in recent years

In Trump v. United States, the court ruled that a former president enjoys absolute immunity for "official acts" in his constitutional core powers. In Trump v. CASA, Inc., the court limited federal courts' ability to block executive enforcement through nationwide injunctions—decisions that shifted power toward the executive branch.

John Marshall presided over more than 1,100 Supreme Court decisions

During his 34-year tenure, the Marshall court issued 1,129 decisions, including 1,042 unanimous rulings. Marshall authored more than 500 majority opinions—over half of the court's total output during his tenure as chief justice.

Theodore Roosevelt tried for a third presidential term in 1912

In 1912, after serving nearly two full terms—one elected, the other partial after stepping in as vice president—Theodore Roosevelt sought a third. He lost the Republican nomination to William Taft, then ran as a Progressive Party candidate but was ultimately defeated by Woodrow Wilson.

Thousands of constitutional amendments have failed

Of nearly 12,000 proposed constitutional amendments, only 27 were ratified. This article highlights radical failed proposals that would have renamed the country, abolished the presidency, capped personal wealth, or fundamentally rewritten how American democracy works.

John Marshall advanced federal supremacy and judicial review

Marshall's jurisprudence emphasized that the Constitution is the supreme law of the land, enforceable by an independent judiciary. Through his court's decisions, he affirmed judicial review, broad implied powers for Congress, and federal authority to override conflicting state laws.

Franklin D. Roosevelt's 1941 speech framed World War II as a global fight for universal rights

Eleven months before the attack on Pearl Harbor, President Roosevelt outlined four fundamental freedoms that, in his words, people "everywhere in the world" ought to enjoy—speech, worship, freedom from want, and freedom from fear.

Franklin D. Roosevelt was the first president to use the term 'State of the Union'

In 1934, President Roosevelt became the first president to formally call the annual address the "State of the Union," replacing the older title "Annual Message to Congress" and using the language from the Constitution.

Read a profile of Ferdinand Pecora, the lawyer behind the colorful, extensive investigations into the stock market crash of 1929.

The Oval Office was completed in 1909

Completed during William Howard Taft's presidency, the Oval Office was designed as part of an expansion of the West Wing. President Franklin D. Roosevelt redesigned the room and moved it to the southeast corner of the West Wing in 1934.

FDR's Good Neighbor policy reversed the interventionism that had grown from the Monroe Doctrine

Franklin Roosevelt pledged in his 1933 inaugural address to be a "good neighbor" to Latin America and to oppose armed intervention by American forces. His administration withdrew troops from previous occupations and signed a multilateral agreement stating that no state has the right to interfere in another's affairs.

In the 1930s, Congress nearly passed a constitutional amendment requiring a national vote before declaring war

The Ludlow Amendment, proposed amid rising isolationism after World War I, would have required a national referendum before Congress could declare war, except in cases of direct attack. It was defeated 209 to 188 in 1938 after Roosevelt lobbied against it.

In 1939, an industry group asked Franklin Roosevelt to move Thanksgiving

Specifically, the Retail Dry Goods Association warned Franklin Roosevelt that if the holiday season didn’t begin until after Americans celebrated Thanksgiving on the traditional final Thursday in November, retail sales would tank. In 1941 Congress passed a law that made Thanksgiving the fourth rather than the last Thursday in November.

A 2013 Supreme Court case weakened federal oversight of redistricting

In Shelby County v. Holder, the Supreme Court struck down the Voting Rights Act's preclearance formula, reducing federal oversight of voting laws—including redistricting—and allowing changes to take effect without prior approval.

The FBI surveilled Roosevelt for decades, suspicious of her civil rights and political work

J. Edgar Hoover's FBI maintained a large file on Eleanor Roosevelt, monitoring her involvement with civil rights groups, connections to progressive causes, and vocal opposition to McCarthyism. Although a formal investigation was never initiated, Hoover regarded her as a person of interest for most of her adult life.

After FDR was paralyzed by polio in 1921, Eleanor Roosevelt became active in politics and supported his political ambitions

FDR contracted polio at age 39 and permanently lost the use of his legs. Eleanor Roosevelt persuaded him to stay in politics, then took on the task of maintaining his public profile—attending events, building relationships, and serving as his "eyes, ears, and legs" across the country.

JFK appointed Roosevelt to chair the President's Commission on the Status of Women

Established in 1961, the commission issued a landmark report in 1963 exposing widespread discrimination against women in employment and government.

Hear Roosevelt's first 'Fireside Chat'

The president's casual radio addresses ditched the language of sloganeering and politiciking, intentionally framing the broadcasts as conversational explanations of current events and politics. The inaugural episode was broadcast in 1933, during the Great Depression, and outlined his plans to restore faith in the banking system.

Read an analysis of Roosevelt’s famous Congressional address by a speech writer

Former White House speechwriter Bob Lehrman breaks down why Roosevelt’s 520-word “Infamy” speech endures—showing how FDR used structure, urgency, radio-era reach and careful omissions to rally the nation and win near-unanimous support for war.

Supreme Court Justice Louis Brandeis once called states 'laboratories of democracy'

Louis Brandeis argued that federalism allows states to experiment with new policies without committing the entire nation, thereby allowing successful ideas to spread while limiting the risks of failure.

Most Americans support age limits for justices, elected officials

As members of Congress and Supreme Court justices continue to serve at an average age far older than in the past, polls show a majority of Americans favor setting an age limit for these roles. Roughly 79% support caps for federal elected officials, and 74% favor such limits for Supreme Court justices. A constitutional amendment would be required.

Marbury v. Madison established the Supreme Court's power of judicial review

The 1803 ruling empowered courts to strike down laws that violate the Constitution, permanently expanding the Supreme Court's authority and cementing its role as a coequal branch. This video explains the case and its lasting impact.

The National Housing Act established the Federal Housing Administration

During the Great Depression, 1,000 homes were foreclosed on per day, and half of the mortgages across the country defaulted. To address this crisis, President Franklin D. Roosevelt signed the National Housing Act. It established the Federal Housing Administration, which is still around today and helps protect lenders and buyers.

Roosevelt chaired more than 3,000 hours of debate to produce the Universal Declaration of Human Rights

Roosevelt led the drafting committee for the Universal Declaration of Human Rights, guiding representatives from 18 nations through debate on conflicting ideas about rights, government, and citizenship. The General Assembly unanimously adopted the final document in December 1948.

Courts have blocked the Trump administration's 2025 executive order limiting birthright citizenship

In June 2025, the Supreme Court declined to rule on the constitutionality of the order. Since then, two federal appellate courts have found the order unconstitutional, halting its enforcement nationwide.

Thousands of state voting changes have been federally blocked since the Voting Rights Act

Since 1965, federal oversight has blocked thousands of state-level voting changes—including redistricting plans—by requiring approval for measures that could affect minority representation, a process scaled back by the Supreme Court in 2013.

As president, Thomas Jefferson expanded federal power despite opposing centralized authority

Although Jefferson argued for limited national power, his presidency expanded federal authority through actions such as the Louisiana Purchase, territorial governance, and federal enforcement—reflecting a pragmatic departure from his earlier strict interpretation of the Constitution.