Answer one question from one section only. Section B: American option The Great Crash, the Great Depression and the New Deal policies, 1920-41 2 Read the sources and then answer both parts of the question. Source A [Figure A] A cartoon published in a newspaper, February 1937. Source B What the President's plan amounts to is this. The Supreme Court has ruled that many of the New Deal proposals were unconstitutional. He now proposes to make changes to it by 'packing' the Supreme Court with his supporters. This will subordinate the Court to the personal power of the Executive, of which he is the head. I am not just criticising the plans because I am a member of another political party, but because this is an attack on our form of government. This is an attack on our fundamental liberties. In the fourteen public welfare cases where the President tried to increase his personal power, the Court has found that he had violated the Constitution in eight of them. Former Republican President Hoover, writing in March 1937. Source C My reasons for wishing to change the number of members of the Supreme Court are simple. The Court has set aside yet another piece of important Congressional legislation. There can be no minimum wages set. Women cannot be protected from oppressive wages or bad working conditions. Those opposing my changes fail to understand that those who wrote the Constitution wished it to be a flexible document. They are using an incorrect interpretation of the Constitution for political and personal reasons and aim to destroy the New Deal. The Schechter case shows why the Court needs to change to meet the needs of the times. The Court has not interpreted the Constitution in the interests of all Americans, just in the interests of those who oppose the New Deal. This case suggests the judges are aiming to give the Court a position of influence in our system of government, which was never intended. The National Recovery Act (NRA) was approved by Congress. It had every right to prosecute this business. Schechter had broken the law; it sold diseased meat. The public was being protected by the NRA, yet it was declared unconstitutional. President Roosevelt speaking at a Democratic Party rally, 4 March 1937. Source D The Democratic Party is divided over the President's wish to increase the membership of the Supreme Court. Some oppose as they fear that it will offend conservative interests and give too much ammunition to their political opponents. The majority are broadly in favour. They argue that it is strange that in our democracy, where the popular will should be supreme, our Constitution has become what nine elderly judges say it is. They agree with the President over the 'Sick Chicken' case. They know the current judges, all bar one having been commercial lawyers, will interpret our Constitution narrowly in the interests of property and business. The judges support the political opponents of the New Deal in their wish to declare unconstitutional any legislation that displeases men of property. Schechter had been convicted for breaches of NRA rules not only for dishonesty, but also for selling diseased chickens to their unsuspecting customers. The Court felt that the actions of the NRA were unconstitutional, and that Congress had no right to grant such powers to the NRA. From the 'Los Angeles Times', 7 April 1937. Answer both parts of the question with reference to the sources.

Mark scheme

Marking points from the official mark scheme (May/June 2024). The mark or mark type is shown in brackets.

1. [15] Indicative content: Similarities: The sources agree on the details of the Schechter case: Schechter had broken the law, had been dishonest, and had been guilty of selling diseased chickens to their customers. 'Schechter had broken the law; it sold diseased meat.' (Source C), 'Schechter had been convicted for breaches of NRA rules not only for dishonesty, but also for selling diseased chickens to their unsuspecting customers.' (Source D)
2. [15] Similarities: The sources agree that the Supreme Court declared the NRA unconstitutional in the Schechter case. From Source C, 'it was declared unconstitutional.' 'The Court felt that the actions of the NRA were unconstitutional' in Source D.
3. [15] Similarities: The sources agree that the Schechter case was damaging to the New Deal and benefitted its opponents. 'The Court has not interpreted the Constitution in the interests of all Americans, just in the interests of those who oppose the New Deal.', 'The judges support the political opponents of the New Deal in their wish to declare unconstitutional any legislation that displeases men of property.'
4. [15] Differences: The sources disagree on the reasons why the Supreme Court declared the NIRA unconstitutional in the Schechter case. Source C says the Court struck down the NIRA in Schechter because: The Supreme Court decided the case on purely political grounds to benefit the New Deal's opponents 'in the interests of those who oppose the New Deal.' The Supreme Court aimed to increase the power of the Court 'suggests the judges are aiming to give the Court a position of influence in our system of government, which was never intended.'
5. [15] Differences: Source D says the Court struck down the NIRA in Schechter because: the Supreme Court acted on constitutional grounds – Congress had no right to grant such powers to the NRA. 'The Court felt that the actions of the NRA were unconstitutional, and that Congress had no right to grant such powers to the NRA.' The background of the judges affected their decision in the case '. . . the current judges, all bar one having been commercial lawyers, will interpret our Constitution narrowly. . . .' The Supreme Court also acted to defend the wealthy – 'will interpret our Constitution narrowly in the interests of property and business.'
6. [15] Explanation: The question is focused on the Schechter case. Therefore, answers must focus on the details of the case and the reasons for its outcome.
7. [15] Explanation: The similarities between the sources' views can be explained by the fact that they both represent Democratic points of view on the Schechter case. Source C is a speech by FDR at a Democratic rally. The NRA had been a core part of Roosevelt's recovery plan during the First New Deal and when the Court declared it unconstitutional in Schechter this undermined the New Deal. It is therefore to be expected that Roosevelt would be critical of the decision. Source D is a report on how Democrats responded to FDR's Court packing plan. Most Democrats supported the NIRA and NRA and were angered by the Court's decision in Schechter, which they viewed as too conservative.
8. [15] Explanation: The differences between the sources can be explained by the nature of the sources. Source C is a speech by FDR in which he is attempting to justify his Court packing plan. He therefore aims to present the Court's decision in Schechter as politically motivated and as against the interests of the American people as this would strengthen the case for reform of the Court. Source D is a journalist's report on how Democrats responded to FDR's Court packing plan. The journalist is not aiming to justify the Court packing plan or discredit the Schechter case, and therefore attributes a wider range of motives to the judges rather than explaining Schechter as the result of party politics.
9. [15] Accept any other valid responses.
10. [25] Indicative content: Support: Source A supports the view. It makes it clear that the President [FDR on the left of the cartoon] is moving on from his reorganisation of the government to implement the New Deal – then onto the 'revision' of the Supreme Court and ultimately ending up as a dictator sitting on a throne.
11. [25] Support: Source B also supports the assertion. Hoover maintains that the plan will subordinate the Court to the 'personal power of the Executive' of which the President is the Head. He does stress that his opposition is not just that he is a member of another Party, but also goes on to say that he opposes it as he sees it as an attack on 'fundamental liberties'. The final sentence also supports the point made in Source A that in various welfare cases where the President was trying to 'increase his personal power.'
12. [25] Challenge: Source C does not support this assertion. Roosevelt suggests other reasons for the opposition. One is that the Judges fail to understand the intentions of the writers of the Constitution. Then he becomes more critical of the opposition, suggesting that they are doing it for 'political and personal' reasons and are simply trying to destroy the New Deal.
13. [25] Challenge: Source D does not support the assertion, but for different reasons. Some Democrats feel, quite understandably, that the plan will offend conservatives, (understandably as many Democrats were in fact quite conservative), and also give 'ammunition to their political opponents.' Their opposition is for political reasons, and not constitutional ones.
14. [25] Evaluation: Source A is an obviously one-sided cartoon, aiming to make a specific point. There is no indication anywhere that Roosevelt may have wished to revise the membership of the Supreme Court in order to deliver legislation which Congress had passed, and he clearly had a mandate for.
15. [25] Evaluation: Source B comes from an opponent of all that Roosevelt stood for and did from March 1933 onwards. Hoover was angry about the way Roosevelt had deflected any responsibility for the economic crisis away from himself and his Party and ensured that it fell largely on Hoover and the Republican administrations he had been involved in since 1921.
16. [25] Evaluation: Source C comes from a speech made by Roosevelt to Democratic supporters in defence of his increasingly unpopular ‘Court Packing' plan. He had been surprised by the degree of opposition to it within his own party and was doing his best to justify his actions.
17. [25] Evaluation: Source D is a newspaper report which is quite balanced and contextual knowledge suggests that it is accurate and reflects the feelings within the Democratic Party at the time.
18. [25] Accept any other valid responses.