Analysis · Speech on a bill · beta

Andy Biggs

705 words · 40 sentences · 53 clauses

Statement grade
A–
Average 89 / 100
A score under 50 is red. Choose a measurement to see where it lost points and why; choose it again to clear.
Procedure 10%Positioning 10%Claims 64%Reasoning 9%Thanks 2%Aside 1%Promise 3%

This view breaks the statement into its steps and names what each one does.

Mr. Speaker, Procedure · 9 wordsI yield myself such time as I may consume.Procedure Positioning · 22 wordsI get it, that the gentleman does not like Donald J. Trump and that this is an ideological position he is taking, PositioningClaims · 15 wordswhich is kind of what the scholars have said is the definition of Court packing. Reasoning · 25 wordsWhen you want to increase the number of people on the Supreme Court so you can effectuate your ideological bent, yes, that is Court packing. Procedure · 10 wordsThis isn’t new, this position that we are taking today.Procedure Claims · 57 wordsThis was introduced in the 116th, 1which was under Donald Trump.2 It was introduced in the 118th, 3which was under Joe Biden.4 By the way, it was Joe Biden’s own special commission that said it would be wrong to actually increase the number of people on the Supreme Court.5 Now, we have introduced this in the 119th.6 Thanks · 14 wordsI do appreciate the gentleman talking about Arizona needs representation on the Supreme Court.Thanks Claims · 86 wordsI also think we need representation in the Ninth Circuit--it would be nice if you could help us along there--the circuit, a court that actually goes from the equator to the Arctic Circle. You can’t even get an en banc there because they have 29 justices, appellate judges.7 You can’t get an en banc in the Ninth because it is all random.Off point Anyway, back to the point here, my colleagues on the other side tell us that the Supreme Court has changed before. They are right. Procedure · 12 wordsHowever, there is an important piece of history that they leave out.Procedure Claims · 73 wordsFor much of the 19th century, the size of the Supreme Court was tied to the size of the Federal judiciary.8 As the country expanded and Congress created new judicial circuits, Congress added Justices to help carry those responsibilities, 9but that changed in 1869.10 Congress fixed the Court at nine Justices, 11and for more than half of the length of this country, it has been nine Justices, regardless of the number of circuits.12 Procedure · 14 wordsThere is one historical example that matters most to the question before us today, ProcedureClaims · 28 wordsand that is Franklin Roosevelt who, in 1937, after winning reelection, was furious that the Supreme Court had repeatedly struck down parts of his New Deal as unconstitutional.1314 Positioning · 13 wordsThat was the birth, perhaps, of the attempt to have an imperial executive.Positioning Claims · 27 wordsInstead of changing laws to comply with the Constitution, he proposed changing the Court.15 His plans would have allowed him to add up to six new Justices, 16Reasoning · 19 wordsand who would appoint those Justices? The President of the United States would. Who was the President? Franklin Roosevelt. Positioning · 37 wordsEveryone understood what was happening.Unearned certainty It wasn’t about building a better courthouse. It wasn’t about adding circuits. It wasn’t about helping manage expanding judicial caseload. It was about changing the composition of the Court for ideological purposes.Positioning Procedure · 4 wordsHere is what happened: ProcedureClaims · 25 wordsThe plan faced fierce opposition, including from members of Roosevelt’s own party.17 Chief Justice Charles Evans Hughes pushed back.18 The Senate ultimately rejected the plan, 19Procedure · 11 wordsand this is what they said--this is from the records today: ProcedureClaims · 18 words``We recommend the rejection of this bill as a needless, futile, 20and utterly dangerous abandonment of constitutional principle.’’ Aside · 10 wordsNot holding firm at nine, but because you wanted--not you, AsideClaims · 121 wordsbut the Democratic Party at that time--not even the Democratic Party, excuse me, let’s be very clear, one individual, Franklin Delano Roosevelt. ``It is a proposal without precedent and without justification,’’ they said. ``It would subjugate the courts to the will of Congress and the President and thereby destroy the independence of the judiciary, the only certain shield of individual rights.’’ ``It points the way to the evasion of the Constitution and establishes the method whereby the people may be deprived of their right to pass upon all amendments of the fundamental law.’’ ``It is a measure which should be so emphatically rejected that its parallel will never again be presented to the free representatives of the free people of America.’’21 Reasoning · 22 wordsDo you know what ``it’’ was, the measure that they were so offended by? It was an attempt to pack the Court. Promise · 21 wordsNext time, I will probably start reading all the folks on the other side who want to do that very thing.Off point Mr. Speaker, Procedure · 12 wordsI yield 2 minutes to the gentleman from North Carolina (Mr. Harris).Procedure

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