President Franklin Roosevelt failed in his effort to pack the Court in 1937, but in the midst of that battle the Court significantly altered its constitutional doctrine in a way that served to placate its opponents.

I've often started off with a lawyer joke, a complete caricature of a lawyer who's been nasty, greedy, and unethical. But I've stopped that practice. I gradually realized that the lawyers in the audience didn't think the jokes were funny and the non-lawyers didn't know they were jokes.

The New Deal Court was now in place. It had already sounded the death knell for such doctrines of the old Court as “freedom of contract,” and a limiting view of congressional authority under the Commerce Clause.

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When you are young and impecunious, society conditions you to exchange time for money, and this is quite as it should be. Very few people are hurt by having to work for a living. But as you become more affluent, it somehow is very, very difficult to reverse that process and begin trading money for time.

All of these factors are subsumed to a greater or lesser extent by observing that the Supreme Court is an institution far more dominated by centrifugal forces, pushing toward individuality and independence, than it is by centripetal forces pulling for hierarchical ordering and institutional unity. The well-known checks and balances provided by the framers of the Constitution have supplied the necessary centrifugal force to make the Court independent of Congress and the president.

But there is no reason to doubt that it will continue as a vital and uniquely American institutional participant in the everlasting search of civilized society for the proper balance between liberty and authority, between the state and the individual.

Inadequate compensation seriously compromises the judicial independence fostered by life tenure. That low salaries might force judges to return to the private sector rather than stay on the bench risks affecting judicial performance. . . Every time an experienced judge leaves the bench, the nation suffers temporary loss in judicial productivity. Diminishing judicial salaries affects not only those who have become judges but also the pool of those willing to be considered for a position on the federal bench.

But no serious student of the subject would claim that the constitutional grant of authority to Congress to regulate “commerce among the several states” was limited to the regulation of sailing ships and stagecoaches to the exclusion of steamboats, railroads, automobiles, and airplanes.