<The attempt to influence the Supreme Court was one of the worst episodes of Roosevelt's presidential career. For the first time since his election, FDR had been publicly humiliated and utterly defeated-in a battle he need not have fought.

Ironically, time would do what Roosevelt's court packing plan could not. By 1941, four Supreme Court justices had retired; two more had died. In total, seven of the nine justices on the court were Roosevelt appointees.



Thanks for that link; I anticipated a 'packed court' comment. (As mentioned elsewhere, I'm old enough to remember "Impeach Earl Warren" bumperstickers - though, it strikes me now, those probably had a lot more to do with enforced desgregation vs. 'States rights' than with other allegedly Constitution-bending rulings.) Ever since then (and probably for a long time before), election pundits have made sure to point out the power of Presidents to nominate Justices sympathetic to their agendas - and Presidents have made sure to do just that when the opportunity appeared.

Interestingly, even as the post-Warren Court has become less inclined to 'judicial activism' and more conservative about social issues, no one opposed to federally-funded public assistance has challenged it on Constitutional grounds. Perhaps that's because Article I, Section 8 - "The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States..." means what it says. It's my contention (and by apparent agreement, Mary Anne's as well) that public assistance provides for the common defense by providing for the general welfare.