Is Court Packing Constitutional? Based on how they want to use it – no, and it’s not even close. Expanding the size of the court for logistical reasons is authorized by the Constitution and has been done in the past, but doing so in order to drive political outcomes is neither necessary nor proper, and should be soundly rejected.
Path to Liberty: July 21, 2021
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Keith Whittington – Court expansion history
James Madison – Report of 1800
Randy Barnett – Court Packing is Unconstitutional
Michael Rappaport – Is Court Packing Unconstitutional?
Congressional Research Service
Episode – https://blog.tenthamendmentcenter.com/2019/07/necessary-and-proper-not-anything-and-everything/
Senate Judiciary Report on the packing plan (June 7, 1937)
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