미국 사법심사제의 위기 : 프랭클린 루즈벨트의 사법개혁;Franklin D. Roosevelt's court Packing Plan = Judicial Review in Crisis

다국어 초록 (Multilingual Abstract)

On February 5, 1937, President Franklin D. Roosevelt submitted a court reform plan, which was soon dubbed as court-packing plan, to the Congress. In the plan, Roosevelt revealed that he wanted to add 6 more justices to the Supreme Court of the United States and 44 new judges to other federal courts. If the bill had been passed in the Congress, the number of supreme court justices would have been 15. But the Congress turned down the bill and Roosevelt's scheme to reform the court ended in failure. Why did the President try to reform the Supreme Court and why did the Congress reject the bill? And what were the lessons we can learn through the Roosevelt's court packing plan?
Roosevelt wanted to remove the road blocks in his New Deal, reforming the conservative Supreme Court. The Supreme Court, consisted of 6 conservative justices and 3 liberal justices, declared the New Deal acts unconstitutional in several cases in 1935. Although the New Dealers including Roosevelt strongly criticized the Supreme Court, they could not have any measure to press the court. After the 1936 presidential election, however, Roosevelt seemed to believe that he had a mandate to reform the court. Right after he was sworn into his second term, Roosevelt wanted to inject "younger blood" into the Supreme Court. However the Congress refused to pass the reform bill because it would twist American democratic system itself. The core principle of American democracy was found in separation of powers. The judicial review was the most essential power of the court to check the other two branches. If the judicial power had not been respected, American democracy would have deteriorated. Fortunately the Congress rejected the bill and the tradition of judicial review could remain intact.
Now a judicial reform is being widely discussed in Korea. Although the issue of Roosevelt's court packing plan was different from the current judicial reform issue in Korea, it can be a good example for us dealing with the judicial reform issue.

목차 (Table of Contents)

• Ⅰ. 머리말
• Ⅱ. 루즈벨트 사법개혁안의 배경
• Ⅲ. 루즈벨트 사법개혁안의 향방
• Ⅳ. 맺음말