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The Presidential Election of 1932 [ 333
At Indianapolis on October 28th I called attention to Mr. Roosevelt's statement of October 25th, saying:
I invite your attention to that statement about the Supreme Court. There are many things revealed by the campaign of our opponents which should give American citizens concern about the future. One of the gravest is the state of mind revealed by my opponent in that statement. He implies that it is the function of the party in power to control the Supreme Court. For generations Republican and Democratic Presidents alike have made it their most sacred duty to respect and maintain the independence of America's greatest tribunal. President Taft appointed a Democrat as Chief Justice; President Harding nominated a Democratic Justice; my last appointment was a Democrat from New York State whose appointment was applauded by Republicans and Democrats alike the nation over. All appointees to the Supreme Court have been chosen solely on the basis of character and mental power. Not since the Civil War have the members of the court divided on political lines. Aside from the fact that the charge that the Supreme Court has been controlled by any political party is an atrocious one, there is a deeper implication in that statement. Does it disclose the Democratic candidate's conception of the functions of the Supreme Court? Does he expect the Supreme Court to be subservient to him and his party? Does that statement express his intention by his appointments or otherwise to attempt to reduce that tribunal to an instrument of party policy and political action for sustaining such doctrines as he may bring with him?1 My countrymen, I repeat to you, the fundamental issue in this campaign, the decision that will fix the national direction for a hundred years to come, is whether we shall go on in fidelity to the American traditions or whether we shall turn to innovations, the spirit of which is disclosed to us by many sinister revelations and veiled promises.
In an address in New York on October 31st, I again called attention to Mr. Roosevelt's statement, saying: I am not called upon to defend the Supreme Court of the United States from this slurring reflection. Fortunately that court has jealously maintained over the years its high standard of integrity, impartiality, and freedom from influence of either the Executive or Congress, so that the confidence of the people is sound and unshaken. 1 Within two years Roosevelt was to attempt exactly that.