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8 - Going Public on Supreme Court Cases before the Modern Presidency

Published online by Cambridge University Press:  13 December 2019

Paul M. Collins, Jr  and
Matthew Eshbaugh-Soha
Paul M. Collins, Jr
Affiliation:
University of Massachusetts, Amherst
Matthew Eshbaugh-Soha
Affiliation:
University of North Texas
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Summary

Chapter 8 examines presidential remarks concerning Court cases prior to the modern presidency. This chapter enables us to place modern presidents in historical perspective and to illuminate how constitutional and political concerns motivated early presidents to discuss Court decisions. We examine all presidential remarks related to Supreme Court cases from 1789 through 1953 (Washington to Truman). We show that historic presidents rarely discussed the Court’s cases in their public rhetoric, choosing instead to share their opinions about the Court’s cases in their private correspondences. However, Theodore Roosevelt’s tenure marked the end of this norm, which was eviscerated by Franklin Delano Roosevelt, who was in regular conflict with the Court.

Keywords

presidentSupreme Courtgoing publicjudicial independenceconstitutioncoordinate constructionhistoricalTheodore RooseveltFranklin RooseveltAndrew JacksonHarry Trumancourt-packingempirical
Type
Chapter
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The President and the Supreme Court
Going Public on Judicial Decisions from Washington to Trump
 , pp. 181 - 203
Publisher: Cambridge University Press
Print publication year: 2020

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