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20 Baylor L. Rev. 147 (1968)
Court Packing Prior to FDR

handle is hein.journals/baylr20 and id is 157 raw text is: BAYLOR LAW REVIEW VOLUME XX SPRING, 1968 NUMBER 2 COURT PACKING PRIOR TO FDR DR. J. R. SAYLOR* The much publicized conflict in 1937 between President Franklin D. Roosevelt and the Supreme Court of the United States over the President's court-packing bill is not without precedent. From Washington, who appointed no fewer than 12 justices, through Hoover, every President with but two exceptions has been confronted with one or more Supreme Court vacancies.1 Packing the Supreme Court is not new, for every time a Presi- dent nominates a person to the Bench and the nomination is confirmed by the Senate, the President indulges in court pack- ing. That process has been going on continuously since the first appointments to the Bench of Federalist judges by President Washington. We have a government of laws interpreted and applied by men, and it makes a great deal of difference who these men are when a liberal or a conservative interpretation of the Constitution is desired by a President. Many conservative thinkers would have the people believe that Supreme Court ap- *Professor of Government, East Texas State University. B.A., S. W. Mo. State College; M.A., S.M.U.; Ph.D., University of Texas. IIrving Dilliard, Mr. Roosevelt and the Supreme Court; the Observations of a Citizen, Survey Graphic, February, 1937, Volume 26, p. 94. William Henry Harrison and Zachary Taylor made no appointments to the Bench, but Harrison lived only a month after taking office and Taylor lived only a year and four months after his inauguration. However, the Vice-Presidents who filled out their terms, Tyler and Fillmore, each had an opportunity to make nominations to the Supreme Court.-Loc. cit.

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