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Religion & Law

: Constitutionally Correct

Comes a Horseman: Roosevelt versus the Supreme Court

By Alliance Alert

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Timothy Sandefur writing at National Review Online: "Franklin Roosevelt?s clash with the Supreme Court is one of history's greatest legal dramas, but it has generated an unfair and misleading mythology. In this legend, the Court greeted the New Deal with a blast of reactionary decisions in 1935 and 1936 . . . to which Roosevelt retaliated by threatening to pack the Court with a new, more loyal majority of justices . . . This account further holds that the justices opposing Roosevelt ? the ?Four Horsemen?: George Sutherland, Willis Van Devanter, James McReynolds, and Pierce Butler ? were wedded to the cruel, sink-or-swim philosophy of Social Darwinism . . . Attorney Dean Alfange came closer to the truth when he wrote in 1937 that the New Deal?s 'one guiding principle' was 'wholesale and pervasive governmental interference with all branches of private business,' which required a 'readjustment of constitutional values.'"

Full post as published by Constitutionally Correct on September 15, 2010 (boomark / email).

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