Judicial Procedures Reform Bill of 1937 - Antecedents To The Judicial Procedures Reform Bill

Antecedents To The Judicial Procedures Reform Bill

The coming conflict with the court was foreshadowed by a campaign statement Roosevelt had made in 1932:

After March 4, 1929, the Republican party was in complete control of all branches of the government—the legislature, with the Senate and Congress; and the executive departments; and I may add, for full measure, to make it complete, the United States Supreme Court as well.

An April 1933 letter to the president offered the idea of packing the Court: "If the Supreme Court's membership could be increased to twelve, without too much trouble, perhaps the Constitution would be found to be quite elastic." The next month, soon-to-be Republican National Chairman Henry Plather Fletcher expressed his concern: "n administration as fully in control as this one can pack it as easily as an English government can pack the House of Lords."

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    The conclusion suggested by these arguments might be called the paradox of theorizing. It asserts that if the terms and the general principles of a scientific theory serve their purpose, i. e., if they establish the definite connections among observable phenomena, then they can be dispensed with since any chain of laws and interpretive statements establishing such a connection should then be replaceable by a law which directly links observational antecedents to observational consequents.
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