| Book Review | The American Historical Review, 108.3

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| Book Review | The American Historical Review, 108.3 | The History Cooperative

Book Review

Canada and the United States

Marian C. McKenna. Franklin Roosevelt and the Great Constitutional War: The Court-Packing Crisis of 1937. New York: Fordham University Press. 2002. Pp. xxvi, 612. $60.00.

Why have many of the greatest presidents had dramatic confrontations with the Supreme Court? Thomas Jefferson, Abraham Lincoln, and Franklin D. Roosevelt each had a well-publicized dispute that threatened to diminish the judicial branch. Part of the greatness of these presidents was apparently their willingness to exploit the power of the office and push their authority. Perhaps no one went further than Roosevelt with his ill-fated attempt to pack a Court antithetical to his policy designs. 1

In her book on the Court-packing plan, Marian C. McKenna argues that most analyses of the Supreme Court's devastation of the New Deal and Roosevelt's subsequent battle with the Court have misplaced blame and praise. But if past studies erred in excoriating the Court and exonerating the president, this book errs in the opposite direction. For instance, often the author uses personal papers, biographies, and autobiographies to reveal decisions and tactics, and she is quick to dismiss Roosevelt's and his allies' justifications as disingenuous while accepting the stated motivations of the president's opponents. 2

The book is meticulously researched and reads like a well-written mystery, but it is not without problems. Indeed, the author does such a good job with the narrative that those unfamiliar with history would be surprised to discover that Roosevelt won re-election twice after this fiasco and is considered a great president. Yet how could such a great leader launch an initiative that was doomed from the outset? . . .

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