“Not a Lawyer’s Contract:” Reflections on FDR’s Constitution Day Address

Abstract

Franklin Roosevelt’s oration marking the sesquicentennial of the Constitution’s proposal is the most profound discussion of our founding document by a modern president. Delivered in the immediate aftermath of the Court-packing crisis and against the backdrop of the global rise in fascism and communism, the Constitution Day Address is a time capsule from a pivotal moment and a source of insights into timeless questions. The Address is also the most thoughtful defense of the New Deal ever offered up by its leader, as there is no equivalent of The Federalist for the 1930s. Nevertheless, there is little scholarly or judicial commentary on FDR’s remarks, perhaps because he attacked the legal profession in the speech; a sentiment captured best by his line that the Constitution is “a layman’s document, not a lawyer’s contract.” This Article provides the first comprehensive account of President Roosevelt’s Constitution Day Address and explains that his remarks speak to the modern problem of “democratic backsliding.”