Roosevelt selected a running mate who now ranks among the best

A pencil portrait of Franklin Roosevelt by E.A. Burbank, dated 1939 and signed by both, sold for $2,270 at a June 2008 auction.

“I hardly know Truman.” – Franklin Delano Roosevelt (1944)

By Jim O’Neal

President Franklin Roosevelt was a tired and worn out man. The worry aroused by his appearance was more than justified. Unbeknown to all but a few, he was suffering from a progressive, debilitating cardiovascular disease. Several elite cardiologists agreed he would be dead within a year, especially if he decided to run for a fourth term. But FDR was determined, and told a few close confidants that he would resign as soon as WWII was concluded satisfactorily.

He had ventured into national politics when his name, youth and political strength in populous New York led to his nomination for vice president in 1920. The DNC had met in June in San Francisco and picked James Cox for the president slot. However, the Republican ticket of Warren Harding and Calvin Coolidge won easily.

The following year, the 39-year-old Roosevelt contracted poliomyelitis while vacationing at the family’s summer home on Campobello Island in Canada. He was crippled in both legs, permanently. In a show of intestinal fortitude, he mastered the use of leg braces, crutches and a wheelchair; he built his upper-body strength by swimming. He demonstrated his new skills in dramatic fashion in June 1924 at the National Democratic Convention.

He rose from a wheelchair and, unassisted, walked to the speaker’s rostrum and nominated Al Smith for president. The crowd went wild after Roosevelt crowned Smith “the Happy Warrior of the political battlefield.” Smith ultimately lost the nomination that year; four years later in 1928 he won the nomination but lost the election to Herbert Hoover. The economic good times favored the better-known Hoover, but there was also the lingering issue of Smith’s Catholicism. This would remain an issue until 1960 when Jack Kennedy would vanquish it permanently.

In 1930, FDR was re-elected governor of New York. In the wake of the stock market crash, he convinced the legislature to provide $20 million to the unemployed. This was the first direct unemployment aid by any state and was a harbinger of bigger government programs. It was also a springboard to the 1932 Democratic nomination for president. FDR was so energized that he flew to Chicago to accept – the first time a nominee accepted in person.

No one was surprised at the results of the 1932 election, when FDR defeated Hoover in a landslide. The country had turned on Hoover and the Republicans and was eager and impatient to have the new president installed. This led directly to the 20th Amendment of the Constitution, which advanced the presidential inauguration to Jan. 20 and Congress to Jan. 3. Alas, it didn’t go into effect until 1933. Hoover was full of ideas on how to help the new president, but Roosevelt was less willing to accept any advice, since he had his own plans.

And so it began. With a soothing voice and supreme self-confidence, Roosevelt rallied a fear-ridden country to overcome the Great Depression. With a New Deal, he provided social justice; security to the aged; relief to the unemployed; and higher wages to the working man. He revamped the federal government, adding scores of new agencies and reshaping the Democratic Party from states’ rights into a Hamiltonian model of a strong central government.

Twelve years went by fast, and the last days of the Second World War required a series of critical decisions and it started with a decision on a fourth term. His trusted advisers saw defeat unless something was done about VP Henry Wallace. A plant geneticist by profession, he had become very popular as an author, lecturer and social thinker. To the “wise men,” he seemed pathetically out of place and painfully lacking in political talent. But there was more concern over the president’s declining health, which could no longer be ignored. All realized that the man nominated to run with Roosevelt would probably be the next president.

That man turned out to be Senator Harry Truman from Missouri. Together, they would win the 1944 election; 82 days after taking office, Truman would become president when FDR died on April 12, 1945. He would end the war as expected, win re-election in 1948 and become embroiled in another war, this time with Korea. However, with each passing year, Truman continues to gain in stature and now often polls among the top 10 best presidents.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Yes, Presidential Elections Have Consequences

Chief Justice of the Supreme Court John Marshall is featured on this Fr. 375 Serial Number One $20 1891 Treasury Note, which sold for $114,000 at an April 2018 Heritage auction.

By Jim O’Neal

In theory, there is no mystery or debate regarding the intention of the Founding Fathers in the selection of members to serve on the Supreme Court.

The Constitution crisply explains, in the second paragraph of Article II, Section 2, that the president shall nominate, and by and with the advice and consent of the Senate, shall appoint judges of the Supreme Court. This provision means exactly what it says and is unchanged by any modifications since its adoption. That includes a simple majority vote of the Senate to grant such consent, to reject or refuse to take action on the presidential nominee.

One idea discussed, but not acted upon, was Benjamin Franklin’s explanation of the Scottish mode of appointment “in which the nomination proceeded from the lawyers, who always selected the ablest of the profession in order to get rid of him, and share his practice among themselves” – a uniquely clever way to eliminate superior competition.

What has changed is the adoption of the “nuclear option” in 2017, which invoked cloture to end filibustering in the Judicial Committee and forced a vote of the committee either up or down on making their recommendation to the full Senate. House Majority Leader Harry Reid had used it to great effect for all legislation that he allowed to the floor while the Democrats were in the majority. Republicans expanded it to include Supreme Court nominees after they regained the majority in 2016. Neil Gorsuch was elected to the Supreme Court under this new rule with a 54-45 Senate vote, picking up three anxious Democrat votes in the process. It’s widely assumed that current nominee Judge Brent Kavanaugh will be elected to the Supreme Court following a similar path since his opponents appear helpless to stop him.

As President Obama once explained, in not too subtle fashion, “Elections have consequences.”

It now seems clear that the Founding Fathers did not foresee that political parties would gradually increase their influence and that partisan considerations of the Senate would become more prominent than experience, wisdom and merit. This was magnified in the current effort to stymie a nomination when the opposition announced they would oppose any candidate the Chief Executive chose. Period. It may not seem reasonable on a literal basis, but it has gradually become routine and will only get worse (if that’s still possible).

It may astonish some to learn that no legal or constitutional requirements for a federal judgeship exist. President Roosevelt appointed James F. Byrnes as an associate justice in 1941 and his admission to practice was by “reading law.” This is an obsolete custom now – Byrnes was the last to benefit – that proceeded modern institutions that specialize in law exclusively. In Byrnes’ case, it’s not clear that he even had a high school diploma. But he was a governor and member of Congress. He resigned 15 months later (the second shortest tenure) in order to become head of the Office of Economic Stabilization and was a trusted FDR advisor who many assumed would replace Vice President Henry Wallace as FDR’s running mate in 1944. That honor went to the little-known, high-school educated Harry Truman, who would assume the presidency the following year when FDR died suddenly.

Thomas Jefferson never dreamed the Supreme Court would become more than just a necessary evil to help balance the government in minor legal proceedings and would be more than astonished that they now are the final arbiter of what is or isn’t constitutional. The idea that six judges (who didn’t even have a dedicated building) would be considered equal to the president and Congress would have been anathema to him.

However, that was before he met ex-Secretary of State John Marshall when he became Chief Justice of the Supreme Court and started the court’s long journey to final arbiter of the Constitution when he ruled on Marbury v. Madison in 1803. There was a new sheriff in town and the next 40 years witnessed the transformation of the court to the pinnacle of legal power. They even have their own building thanks to President William Howard Taft, who died two years before it was complete. Someday, Netflix will persuade them to livestream their public discussions for all of us to watch, although I personally prefer C-SPAN to eliminate the mindless talking heads that pollute cable television.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].