nation of laws and not of men
Oct. 27th, 2020 10:02 pm1. The Lochner era is a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's own notions of the most appropriate means for the State to implement its considered policies"
https://en.wikipedia.org/wiki/Lochner_era
2. There were two issues that the Republicans feared would bring judicial invalidation of their legislation. One was Reconstruction and the other was legal tender. Reconstruction placed the Southern states that had joined the Confederacy under a military occupation so draconian that congressional leaders feared the court would invalidate it. Thus they enacted legislation that withdrew the Supreme Court’s jurisdiction over Reconstruction and reduced the number of justices by attrition from the fluctuating nine and sometimes 10 down to a permanent and fixed seven. The latter prevented Johnson from replacing retiring justices unless the court’s membership fell to six.
https://www.foxnews.com/opinion/court-packing-history-andrew-napolitano
https://en.wikipedia.org/wiki/Lochner_era
2. There were two issues that the Republicans feared would bring judicial invalidation of their legislation. One was Reconstruction and the other was legal tender. Reconstruction placed the Southern states that had joined the Confederacy under a military occupation so draconian that congressional leaders feared the court would invalidate it. Thus they enacted legislation that withdrew the Supreme Court’s jurisdiction over Reconstruction and reduced the number of justices by attrition from the fluctuating nine and sometimes 10 down to a permanent and fixed seven. The latter prevented Johnson from replacing retiring justices unless the court’s membership fell to six.
https://www.foxnews.com/opinion/court-packing-history-andrew-napolitano