Synopses & Reviews
The author of acclaimed books on the bitter clashes between presidents and chief justices—Jefferson and Marshall, Lincoln and Taney—over the character of the nation, constitutional power, slavery, secession and the presidents war powers, James F. Simon tells the dramatic story of the struggle between FDR and Chief Justice Charles Evans Hughes that decided the fate of the New Deal.
The collision of Roosevelt and Hughes, like those of Jefferson and Marshall, Lincoln and Taney, occurred at a pivotal moment in American history. Roosevelt came to office in 1933 at the height of the Great Depression. He bombarded Congress with a fusillade of legislative initiatives that included shutting down insolvent banks, regulating stocks, imposing industrial codes, and rationing agricultural production. Major New Deal statutes, which Roosevelt considered critical to the nations economic recovery, were struck down by the Hughes Court as unconstitutional.
In 1936, FDR was reelected by a landslide and the exasperated president proposed legislation to relieve, he said, the overburdened and elderly justices of their heavy workload. He proposed the appointment of an additional justice for each sitting member over seventy years old. Six of the justices on the Hughes Court, including the Chief Justice, were over seventy. The proposal would have permitted the president to stack the Court with justices favorable to the New Deal. The Chief deftly rebutted the claim that the Court was not abreast of its work, and the proposal was defeated. In grudging admiration, FDR later said that the Chief Justice was the best politician in the country.
Despite the defeat of his plan, Roosevelt never lost confidence and, like Hughes, never ceded leadership. He outmaneuvered isolationist senators to expedite aid to Great Britain as the Allies hovered on the brink of defeat. He then led his country through the Second World War to become the greatest president of the twentieth century.
Review
and#8220;A spectacular book, brilliantly conceived and executed and#8211; an illuminating window into the question of the ages: Who has the power? The President, Congress or the Supreme Court?and#8221;andlt;BRandgt; andlt;BRandgt;andlt;bandgt;and#8212;Bob Woodwardandlt;/bandgt;
Review
"Franklin Roosevelt once called Charles Evans Hughes the finest politician in the United States.
Review
and#8220;The story of this relationship, as historically significant as any between a President and Chief Justice, is brilliantly unfurled by James Simon. Fresh, often moving, and hugely readable, it's a textbook case of statesmanship - and politics - at both ends of Pennsylvania Avenue."andlt;BRandgt; andlt;BRandgt;andlt;bandgt;and#8212;Richard N. Smith, author of andlt;iandgt;The Colonel: The Life and Legend of Robert R. McCormickandlt;/iandgt;andlt;/bandgt;
Review
andlt;bandgt;Arthur Schlesinger, Jr., on andlt;iandgt;Lincoln and Chief Justice Taneyandlt;/iandgt;andlt;/bandgt;:andlt;BRandgt; andlt;BRandgt;and#8220;James F. Simon has written an exciting and notable book where Abraham Lincoln and Roger B. Taney, the president and the chief justice, two men of the highest intelligence and passionate judgment, argued the future of this democratic republic.and#8221;
Review
andlt;bandgt;Joseph J. Ellis, andlt;iandgt;The New York Times Book Review andlt;/iandgt;on andlt;iandgt;What Kind of Nation: Thomas Jefferson and John Marshall:andlt;BRandgt; andlt;/iandgt;andlt;/bandgt;and#8220;A study of the political and legal struggle between these icons of American historyand#8230;.A major contributionand#8230;.A model of the narrative history written by someone who knows the law.and#8221;
Review
and#8220;Franklin Roosevelt once called Charles Evans Hughes the finest politician in the United States. In this marvelously written, meticulously researched study, James F. Simon demonstrates why that was so. He also shows that except for their brief confrontation in 1937, in which Hughes prevailed, these two former governors of New York shared a deep affection for one another. Together they led the United States into the modern era.and#8221;andlt;BRandgt; andlt;BRandgt;andlt;bandgt;and#8212;Jean Edward Smith, author of andlt;iandgt;FDRandlt;/iandgt; and andlt;iandgt;John Marshall: Definer of a Nationandlt;/iandgt;andlt;/bandgt;
Synopsis
andlt;bandgt;By the author of acclaimed books on the bitter clashes between Jefferson and Chief Justice Marshall on the shaping of the nationand#8217;s constitutional future, and between Lincoln and Chief Justice Taney over slavery, secession, and the presidential war powers. Roosevelt and Chief Justice Hughes's fight over the New Deal was the most critical struggle between an American president and a chief justice in the twentieth century.andlt;/bandgt;andlt;brandgt;andlt;brandgt;The confrontation threatened the New Deal in the middle of the nationand#8217;s worst depression. The activist president bombarded the Democratic Congress with a fusillade of legislative remedies that shut down insolvent banks, regulated stocks, imposed industrial codes, rationed agricultural production, and employed a quarter million young men in the Civilian Conservation Corps. But the legislation faced constitutional challenges by a conservative bloc on the Court determined to undercut the president. Chief Justice Hughes often joined the Courtand#8217;s conservatives to strike down major New Deal legislation.andlt;BRandgt;andlt;BRandgt;Frustrated, FDR proposed a Court-packing plan. His true purpose was to undermine the ability of the life-tenured Justices to thwart his popular mandate. Hughes proved more than a match for Roosevelt in the ensuing battle. In grudging admiration for Hughes, FDR said that the Chief Justice was the best politician in the country. Despite the defeat of his plan, Roosevelt never lost his confidence and, like Hughes, never ceded leadership. He outmaneuvered isolationist senators, many of whom had opposed his Court-packing plan, to expedite aid to Great Britain as the Allies hovered on the brink of defeat. He then led his country through World War II.
About the Author
andlt;bandgt;James F. Simonandlt;/bandgt; is the Martin Professor of Law and Dean Emeritus at New York Law School. He is the author of seven previous books on American history, law, and politics, including andlt;iandgt;What Kind of Nation: Thomas Jefferson, John Marshall, and the Epic Struggle to Create a United Statesandlt;/iandgt;, and lives with his wife in West Nyack, New York.andlt;bandgt;andlt;/bandgt;