ABSTRACT

This chapter agrees that the New Deal Court made extensive doctrinal changes and that its post-1937 judicial decisions violated the character of the Constitution. It is a myth that the New Deal was adopted as a result of the Great Depression. Franklin Roosevelt accepted the planned state while he was governor of New York and sought to apply the same perspective to the national government. Since the ratification of the Constitution in 1788, the nation had added to it the Bill of Rights and the Civil War amendments, all of which have greatly expanded the Supreme Court's authority and jurisdiction. The Framers of the original Constitution and the state conventions that ratified it may not have fully comprehended the potential power of the Supreme Court, but the Framers and ratifiers of the Fourteenth Amendment clearly did.