The president’s motivation was, perhaps, understandable—he sought a more secure legal basis to achieve the goals of the New Deal. Had it passed, however, it would have set a dangerous precedent. The Court would have become hyperpoliticized, its membership, size, and selection rules open to constant manipulation, not unlike Argentina under Perón or Venezuela under Chávez. Had Roosevelt passed his judicial act, a key norm—that presidents should not undermine another coequal branch—would have been demolished.
