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To: djsherin
While this essay is quite good on the subject, it ignores something that researchers discovered in 1995 when they were going through the archives of the Federal Marshals Service -- that FDR threatened Chief Justice Hughes into providing the fifth vote in the Gold Clause Cases.

Roosevelt had heard through Supreme Court back channels that he was going to lose these cases in a 5-to-4 decision with Hughes on the majority side. Roosevelt sent word to the Federal Marshals Service to expect an order from the president not to enforce a Supreme Court decision. Roosevelt made sure that word got to Hughes that the order was on the way.

This would have been an impeacable offense. But who would impeach Roosevelt? His party totally controlled Congress, and the people viewed FDR as their savior. In a constitutional crisis created by that order, Roosevelt would be in a position to destroy the Supreme Court as an institution.

Like Roosevelt, Hughes had once been a governor of New York, and he could count noses as well as the president. He knew that the only way he could save the Court would be to knuckle under to Roosevelt's demands, and that's what he did. In doing so, he unintenionally created the Living Constitution, the document that changes like a chameleon to match its surroundings.

From tiny acorns do mighty oaks grow.

6 posted on 08/13/2008 10:57:28 AM PDT by Publius (Another Republican for Obama -- NOT!!)
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To: Publius

I heard something like that a while back. I’ve also heard that Roosevelt intimidated and black mailed many people working for the government and in various civilian corps positions to register Democrat. It is an absolute shame and disservice to America that this man is so well remembered, and a paradox that the American people love him so much.


7 posted on 08/13/2008 11:07:14 AM PDT by djsherin
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