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20 Experience 1 (2010)

handle is hein.journals/experien20 and id is 1 raw text is: Prologue n law and lore, President Franklin istrative and political skills of Chief Roosevelt's 1937 court-packing plan Jstice Hnghes. I shonld have hated has always remained a subject of intense to see a complete divorce between the interest to the nation-especially to the Conrt and the conntry. (p. 363-64) country's legal community. That the struggle between Court and country also generated considerable interest abroad, in The referenced gold decision, (Perry retrospect, seems somewhat remarkable. v. United States 294 U.S. 330 (1935)) was Evidence of this international inter- bnt one of a nnmber of decisions that est (and passion) came to my atten- aronsed deep passions in the conntry tion recently in a chance rereading of and, as we will see below, deep passions the celebrated The Holmes-Einstein in the Conrt as well. The particnlar issne Letters. First published in 1964, this cor- in this proceeding was whether, nnder respondence, like the more celebrated recently enacted New Deal legislation, Holmes-Laski letters and the justice's financial obligations conld be redeemed correspondence with the English jurist, in legal tender (paper money) instead of Sir Frederick Pollock, ranged the uni- with the contractnally stipnlated gold verse of ideas-political, social, theologi- bnllion. If the jnstices were to reject this cal, and literary. All fascinating. position, it was estimated that the pnblic The correspondence had begun debt wonld increase by $10 billion and in 1903 when Lewis Einstein, then a the total debt of the conntry by nearly $70 young American scholar and later a billion; a resnlt of potential catastrophic distinguished diplomat in Paris and impact to the nation's depression-ravaged London, was invited to dine with Justice economy. Following oral argnment, the Oliver Wendell Holmes at his home in nation and the Roosevelt administration Washington. After that initial meeting, a held its breath awaiting the Conrt's deci- friendship flourished and continued for sion. The administration was not optimis- some thirty-two years until Holmes' death tic abont the projected resnlt, as the Conrt on March 6, 1935, two days before his had already strnck down a nnmber of like ninety-fourth birthday. In the very last progressive congressional enactments. of the letters, written from London and Anomalonsly, in this case, Chief dated February 1935, Einstein wrote the jnstice Charles Evans Hnghes wrote an following to the justice: opinion that was hailed as a master- Toda I avehada ro wih Hlen piece of jndicial legerdemain hardly Today I have had a row with HelenCo (Einstein's wife) who now refnsessicMahl'sononnMrby to speak to me. It is all abont yonr v aio. esitdhspeinl Conrt's gold decision. . .. (Helen) is a female connterpart of (Jnstice)hedgnrlpstopoigtiskd McReynolds which is not nnflattering oflgsainadonavtof54th to yonr late associate. I don't know if cntttoaiyo h ncmn a she also regards Roosevelt like Nero, trtobeahdasgofelfosy bnt she is pretty close to it. I fear that ththedsneronheCrtldb being withont her convictions I find JntcJaeMcyodswrlid nothing theological abont the law, wndb osinn nesaeet and I think the conntry shonld beThscninteorromasHgs gladto ave ma wit th admn-oncldetie adinofia sils oiin Cif JudgeJFsancisHughes.kinsiouchancellortad deanemertusof te Suthen NeEnlandThotrt id e coftCry. felt 363e64 Schol f Lw. e i chir f te EperencTmoe rorngly abontth decision.(er EditoralvBord.nAter Hnghes finiSed3 (reading his infrmtin r ay orio thref aynotbecoie ordiseinti for orf anmean or storeins tanetrncdtbsorerivlytmwthute express writtentcosentaofetheNAmerianlBareAssociatio

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