Franklin Delano Roosevelt was one of the most dictatorial Presidents in the history of the United States. He expanded the powers of the executive branch so much, (in particular the office of President) that it was doubtful for a while if the Constitution still ruled the country. His illegal actions in office dwarf those of George W. Bush, even though the latter is often accused today of expanding government powers extensively, strengthening the executive, infringing on the rights of the people, etc. In FDR’s time; however, few people spoke up against the unconstitutionality of his actions. This criticism would have been helpful especially in the First Hundred Days, when most of the New Deal legislation was passed. Yes, the country was in the middle of the Great Depression, but people who were aware of what was going on should have spoken up.
FDR said in his inaugural address that he magically “read the temper of the people”; so that he knew they wanted change in the direction of socialism. The people wanted some solution after the stock market crash, but not change that would alter the course of the country dramatically.
FDR used the power of his landslide victory over Hoover to convince Congress to pass his socialistic measures, known as the “New Deal”. Congress met in an emergency session called by Roosevelt from March 9 to June 16 of 1933 to consider (in reality, pass) legislation drafted by FDR. This in itself was unconstitutional. The President does not have the power to initiate legislation. The House of Representatives has the responsibility to initiate tax laws, and both houses of Congress may draft any other type of bill. If both houses pass the bill, then it goes to the President. The President then vetoes it or signs it.
The very opposite happened during the First Hundred Days. The President, or aides under his supervision, wrote the bill, and it was sent to Congress for passage or rejection. In most cases, Congress passed it. H.L. Mencken, a satirist, recognized the unconstitutionality of what went on, even though he was a socialist himself. He added this to his mock “A Constitution for the New Deal”:
The Legislature of the United States shall consist of a Senate and a House of Representatives. Every bill shall be prepared under the direction of the President and transmitted to the two Houses at his order…No member shall propose any amendment to a bill without permission in writing from the President… In case any member shall doubt the wisdom of a bill he may apply to the President for light upon it, and thereafter he shall be counted as voting aye. In all cases a majority of members shall be counted as voting aye.
Though that is a little exaggerated, it paints the picture fairly well. Congress passed the first act of the New Deal by 73 to7.
The legislation of the New Deal was full of presidential “discretionary” authority that was not granted by any stretch of the imagination in the Constitution. The National Industrial Recovery Act contained many such phrases:
Upon application to the President…After the President shall have approved any such code, the provisions of such code shall be standards…The President may…prescribe and approve a code…The President may suspend or revoke any such license…etc.
FDR made the Presidential branch much too powerful in his time. He did it in relation to foreign and domestic affairs, the economy and the lives of his countrymen, as well as governmental and social issues.
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