By Kevin J. McMahon
McMahon indicates how FDR's try and develop the presidency and undermine the ability of conservative Southern Democrats dovetailed together with his efforts to hunt racial equality throughout the federal courts. via appointing a majority of rights-based liberals deferential to presidential strength, Roosevelt ensured that the preferrred court docket will be receptive to civil rights claims, specially whilst these claims had the help of the administrative branch.
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Extra resources for Reconsidering Roosevelt on Race: How the Presidency Paved the Road to Brown
45 As explained below, after that decision in Schechter, FDR pursued a decidedly more progressive direction. To be sure, the Court’s action was not the sole factor in shifting the focus of the Roosevelt administration’s agenda. Progressive advances in the 1934 midterm elections, the continued threat of strikes, and FDR’s desire to put in place a program more in line with his increasingly liberal aspirations for the 1936 election all contributed to the shape of the second New Deal. 38 chapter two Still, the judicial destruction of the first New Deal was critical to escalating the import of the union between legal realism and a rights-centered outlook in the formulation of the administration’s judicial policy.
61 This disregard for African 42 chapter two American interests went to the core of the first New Deal. ”62 With the legislative and executive branches of the national government either openly hostile or destructively unconcerned with advancing the rights of black Americans, an effort to achieve change through the courts was a natural alternative for the NAACP. Even before FDR’s election, the organization had initiated its litigation campaign to undermine the constitutionality of segregation. 63 Unfortunately for the NAACP, in the mid-1930s the Supreme Court was hardly sympathetic to its argument that segregation was inconsistent with the Constitution.
Led by an unsympathetic Homer Cummings, the Justice Department resisted enforcing NLRB orders, signaling to employers that they could effectively ignore the board’s will. 43 At this point, with growing concerns about the NIRA’s constitutionality, disputes over the administration’s litigation campaign became immersed in the debate about the future direction of the New Deal. As usual, the Justice Department was on the side of caution, with the attorney general suggesting that he was unable to enforce the NLRB’s orders (despite congressional and presidential language asserting otherwise).