[flaja]

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Indeed. Most of the important supreme court decisions handed down in the 30s were unconstitutional. FDR literally threatened to destroy the court if it didn't do what he said.

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If the only choices the Court had in the 1930s was to:

1. Submit to FDR and rule his way, thus destroying the Constitution (as you libertarians erroneously claim it would have been doing)

or

2. Refuse to submit to FDR and thus have the court “destroyed” by his Court Packing Plan

what did the Court have to lose by ruling against FDR? At least ruling against FDR (and thus maintaining the Constitution as you libs say it would have been doing) would have been a symbolic victory.