How FDR beat the courts
Overriding the courts should be done as a last resort and not a first resort.
Let’s remember how Franklin D. Roosevelt did it.
1. He urged that Congress not worry about constitutionality when creating new statutes. Just do what’s right.
2. Supreme Court packing legislation. It wasn’t actually passed by Congress. But the precedent is there and so it’s the logical next step for Trump, as he can point out that such a maneuver was previously done by a Democratic president. Historians believe that the threat of packing legislation scared the Supreme Court into being less confrontational.
3. FDR ultimately beat the Supreme Court by being president for longer than a majority of them had any life in them. Over the course of his four terms in office, he appointed seven justices, and unlike some of the crappy appointments by recent Republican presidents, every single one of FDR’s appointees agreed with him on the issue that was important back then, the power of the federal government to create economic regulations.