Roosevelt vs. Supreme Court: A Battle for Power

By Ken Zurski
On February 5, 1937, President Franklin Delano Roosevelt announced his intention to expand the Supreme Court to as many as 15 justices. The move was clearly a political one. Roosevelt was trying to “pack” the court and in turn make the nation’s highest court a completely liberal entity. Republicans cried foul.
Roosevelt didn’t care what his opponents thought. He embraced the criticism and mostly ignored it. Although politically it was still a hot button issue, his New Deal policies had earned public acceptance, even praise. The high court, however, was another matter. They had previously struck down several key pieces of his legislation on the grounds that the laws delegated an unconstitutional amount of authority in government, specifically the executive branch, but especially the office of the president.
Roosevelt won the 1936 election in a landslide and was feeling a bit emboldened. If he could pack the court, he could win a majority every time. By constitutional law, Roosevelt couldn’t force any justice out, but he could offer an incentive to leave. So the president proposed legislation which in essence asked current Supreme Court justices to retire at age 70 with full pay or be appointed an “assistant” with full voting rights, effectively adding a new justice each time.

This initiative would directly affect 75-year-old Chief Justice, Charles Evan Hughes, a Republican from New York and a former nominee for president in 1916 who narrowly lost to incumbent Woodrow Wilson. Hughes resigned his post as a Supreme Court Justice to run for president, then served as Secretary of State under the Harding administration. In 1930, he was nominated by Herbert Hoover to return to the high court as Chief Justice. Hughes had sworn in Roosevelt twice. Now he was being asked by the president to give up his post or, under Roosevelt’s plan, give the president the power to appoint another justice.

In May of 1937, however, Roosevelt realized his “court packing” idea was wholly unnecessary. In an unexpected role of reversal, two justices, including Hughes, jumped over to the liberal side of the argument and by a narrow majority upheld as constitutional the National Labor Relations Act and the Social Security Act, two of the administration’s coveted policies. Roosevelt never brought up the issue of court size again.
But his power move didn’t sit well with the press.
Newspaper editorials criticized him for it and the public’s favor he had enjoyed after two big electoral victories was waning. He was a lame duck president finishing out his second term. Then Germany invaded Poland. Roosevelt’s steady leadership was lauded in a world at war.
In 1940, he ran for an unprecedented third term and won easily.
The following year, Japan attacked Pearl Harbor.

The American-Made Safe That Survived Hiroshima
By Ken Zurski
In 1946, a U.S. Army Lieutenant surveying damage left by the massive explosion of the first atomic bomb in Hiroshima a year earlier, sent a letter to a safe-making company back in America. “I found in one of three structures standing, four large vaults built by the Mosler Safe Co. of Hamilton, Ohio,” he explained. “The vaults were entirely intact and except for the exterior being burned and rusted there was no damage.”
Two other vaults he added, made by a Toyko, Japan company, were completely destroyed.

The two-story Teikou Bank built in 1925 was close to the hypocenter of the blast. Made of steel and concrete, the building crumpled from the inside, cracking the exterior and tearing the cement floor to bits. Nearly two dozen employees were in side at the time. None survived.
But the bank vaults did.
This was reassuring news at least to bank executives back in the States.
At the time there was a heightened sense of security against attacks on American soil. Many banks advertised that valuables were better protected because they used Mosler safes.
Even the U.S government chimed in. Mosler was awarded a lucrative contract and eventually built a 25-ton blast door vault in West Virginia mountainside bunker used to hide classified and historical documents.

Then five years after the attack, Mosler received another letter.
This time it was from the manager of the newly rebuilt Teikou bank in Hiroshima. “Your products are admired,” he praised, “for being stronger than the atomic bomb.
“As you know in 1945 the Atomic bomb fell on Hiroshima, and the whole city was destroyed and thousands of citizens lost their precious lives. And our building, the best artistic one in Hiroshima, was also destroyed. However it was our great luck to find that though the surface of the vault doors was heavily damaged, its contents were not affected at all and the cash and important documents were perfectly saved.”

In the late 1950’s, to recreate the same show of strength displayed in Hiroshima, Mosler took their products to the Yucca Flats nuclear testing grounds in the Nevada desert. They placed a Century steel door and concrete vault with various contents in the blast zone.
Once again the vault survived intact.







