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> It's informative to ask: Was FDR a dictator? He had an unprecedented scope of power, illegally enlarged the executive branch multiple times, engaged in extral

> It's informative to ask: Was FDR a dictator? He had an unprecedented scope of power, illegally enlarged the executive branch multiple times, engaged in extralegal economic redistribution, defied informal term limits, and was beloved by the masses. Drawing an equivalency between FDR, who was repeatedly reelected by huge majorities after his terms expired, and did comply with the rulings of a hostile Supreme Court after failing to outmaneuver them, to Caesar, who had himself declared dictator for life by the Senate (itself hardly a democratic institution), and removed multiple Tribunes from office who had more electoral legitimacy than he did, is a bit of a reach.

californiadreem 4y ago
In May 1937, Associate Justice Owen Roberts, who had previously been a reliable conservative vote on the Court, voted with the liberal wing of the Court in upholding a state minimum wage law. This unexpected switch gave the Court a 5-4 majority in favor of upholding the New Deal legislation, and effectively ended Roosevelt's plans to expand the Court. It's absolutely ludicrous to say he outmaneuvered them. Roberts conceded and FDR abandoned his plans to pack the court.
- calgarymicro 4y ago
  FDR did not abandon his plans because of a change in the court's jurisprudence. He abandoned them because he ran into insurmountable opposition from his own party that killed the plan. The House Judiciary chairman called it unconstitutional, for example, and it repeatedly failed votes in the Senate Judiciary committee. It had been made abundantly clear by mid-year that the bill had no chance of passing, hence its failure; otherwise, he would have pushed for it regardless of what the court ruled in West Coast Hotel. Even still, he complied with prior court rulings that had struck down parts of the New Deal after his efforts failed.
  - californiadreem 4y ago
    Do you think that Caesar was unlimited de facto in what he could put forth whereas FDR was circumscribed?
    - calgarymicro 4y ago
      I think Caesar had carte blanche control over his soldiers, and FDR didn't (which I, and I think even he, would agree was a good thing). I think FDR was elected to a preexisting constitutional office for a predefined term by the people of the nation, while Caesar had himself ad-hoc declared 'Dictator for life' by an undemocratic Senate he effectively held at sword point. I think that that FDR operated under restrictions (which he did at times try to loosen, with varying degrees of success), while Caesar had virtually none (save for factors that motivated some of his policymaking, such as keeping those soldiers happy). Obviously you believe in populism, economic and/or otherwise, so I suppose you think it is a good thing that someone like Caesar was able to act largely without restrictions in implementing his plans; I don't think a lack of checks is a good thing, even if I believe the policy being implemented is itself good (though Caesar did do things I think were wrong, particularly on the military front, Gaul, etc.). I guess that's just a difference of opinion that we have.
      - californiadreem 4y ago
        I disagree that Caesar had total control over his soldiers. Labienus and Antony alone among his legates shows that loyalty to Caesar had very real limits that could either turn into antipathy or debauchery. The diadem incident showed that whatever the intent was, Caesar was limited in what he could do. I don't believe that violation of precedent leads to positive outcomes and that each violation destroys its own foundation, but I also believe that slavish adherence to a stultified and failing system of precedence leads to outcomes that mimic the proverb "the strong do what they can and the weak suffer what they must." Lawfare is another kind of civic death, as Cato demonstrated multiple times. So if you want to call opposition to terminal ossification "populism" then sure, you've got me.
        calgarymicro 4y ago

californiadreem 4y ago

In May 1937, Associate Justice Owen Roberts, who had previously been a reliable conservative vote on the Court, voted with the liberal wing of the Court in upholding a state minimum wage law. This unexpected switch gave the Court a 5-4 majority in favor of upholding the New Deal legislation, and effectively ended Roosevelt's plans to expand the Court. It's absolutely ludicrous to say he outmaneuvered them. Roberts conceded and FDR abandoned his plans to pack the court.

calgarymicro 4y ago
FDR did not abandon his plans because of a change in the court's jurisprudence. He abandoned them because he ran into insurmountable opposition from his own party that killed the plan. The House Judiciary chairman called it unconstitutional, for example, and it repeatedly failed votes in the Senate Judiciary committee. It had been made abundantly clear by mid-year that the bill had no chance of passing, hence its failure; otherwise, he would have pushed for it regardless of what the court ruled in West Coast Hotel. Even still, he complied with prior court rulings that had struck down parts of the New Deal after his efforts failed.
- californiadreem 4y ago
  Do you think that Caesar was unlimited de facto in what he could put forth whereas FDR was circumscribed?
  - calgarymicro 4y ago
    I think Caesar had carte blanche control over his soldiers, and FDR didn't (which I, and I think even he, would agree was a good thing). I think FDR was elected to a preexisting constitutional office for a predefined term by the people of the nation, while Caesar had himself ad-hoc declared 'Dictator for life' by an undemocratic Senate he effectively held at sword point. I think that that FDR operated under restrictions (which he did at times try to loosen, with varying degrees of success), while Caesar had virtually none (save for factors that motivated some of his policymaking, such as keeping those soldiers happy). Obviously you believe in populism, economic and/or otherwise, so I suppose you think it is a good thing that someone like Caesar was able to act largely without restrictions in implementing his plans; I don't think a lack of checks is a good thing, even if I believe the policy being implemented is itself good (though Caesar did do things I think were wrong, particularly on the military front, Gaul, etc.). I guess that's just a difference of opinion that we have.
    - californiadreem 4y ago
      I disagree that Caesar had total control over his soldiers. Labienus and Antony alone among his legates shows that loyalty to Caesar had very real limits that could either turn into antipathy or debauchery. The diadem incident showed that whatever the intent was, Caesar was limited in what he could do. I don't believe that violation of precedent leads to positive outcomes and that each violation destroys its own foundation, but I also believe that slavish adherence to a stultified and failing system of precedence leads to outcomes that mimic the proverb "the strong do what they can and the weak suffer what they must." Lawfare is another kind of civic death, as Cato demonstrated multiple times. So if you want to call opposition to terminal ossification "populism" then sure, you've got me.
      - calgarymicro 4y ago