Franklin D. Roosevelt enters his second term at the height of his political power. Despite the Literary Digest’s famously disastrous prediction that Republican Alf Landon would win the 1936 election, Roosevelt carries every state except Maine and Vermont, winning 523 electoral votes to Landon’s eight. But even after that landslide, one institution still threatens the future of the New Deal: the Supreme Court.

In Part 5 of our New Deal series, Judge Stephen J. Sfekas traces the constitutional showdown that follows the Court’s repeated rejection of economic reforms. With major achievements of the Second New Deal, including Social Security and the National Labor Relations Act, still potentially vulnerable, Roosevelt turns to a dramatic solution. His Judicial Procedures Reform Bill of 1937 would allow the president to appoint additional federal judges when judges over 70 declined to retire, potentially expanding the Supreme Court from nine justices to fifteen.

What Roosevelt sees as a way to protect his agenda quickly becomes a major political battle. Democrats including Montana Senator Burton K. Wheeler join the opposition, Chief Justice Charles Evans Hughes challenges the administration’s claim that an aging Court is overwhelmed by its workload, and Roosevelt takes his case directly to the American people in a fireside chat. As Senate Majority Leader Joseph T. Robinson tries to rescue the proposal, the fight becomes much larger than the size of the Court itself. At stake are judicial independence, presidential power, the future of the New Deal, and the balance between an elected government and a Supreme Court willing to strike its laws down.

Franklin Roosevelt enters office with a mandate to confront the Great Depression, and at first, the Supreme Court appears willing to give reform room to work. In Nebbia v. New York, Home Building & Loan Association v. Blaisdell, and Perry v. United States, the justices uphold emergency economic measures and loosen constitutional restrictions that had long protected contracts and property rights.

That cooperation proves to be a false dawn. Challenges involving oil production, railroad pensions, farm mortgage relief, independent agencies, and New York’s now-famous “sick chickens” produce a devastating series of defeats for the administration. The crisis culminates in Schechter Poultry, when a unanimous Court strikes down the National Industrial Recovery Act, the signature program of the First New Deal. Roosevelt condemns a “horse-and-buggy court,” while labor unrest grows and the Court’s legitimacy comes under increasing attack.

Judge Stephen Sfekas traces the constitutional showdown into the Second New Deal, the rise of sit-down strikes, and the passage of the Wagner Act and Social Security Act. With Frances Perkins helping shape a new generation of carefully drafted reforms, the administration prepares for the next battle over whether the Constitution can accommodate the demands of a modern national government.

Part 3 of our New Deal series begins with the 1929 stock market crash and the government decisions that helped turn an economic downturn into the Great Depression. From the Federal Reserve’s tight-money response and the Smoot-Hawley tariffs to Herbert Hoover’s spending cuts and the collapse of thousands of banks, Judge Stephen Sfekas explains how deflation, unemployment and financial panic devastated Americans who had no deposit insurance, unemployment benefits or national relief system.

Bing Crosby’s 1932 recording of “Brother, Can You Spare a Dime?” captures the desperation of the era through the voice of a man who worked, served his country and helped build America, only to find himself unemployed and waiting for bread.

Then the focus shifts to the Supreme Court of 1933: Chief Justice Charles Evans Hughes, the liberal “Three Musketeers,” the conservative “Four Horsemen” and unpredictable swing vote Owen Roberts. Their backgrounds, rivalries, prejudices and sharply different views of the law set the stage for the coming constitutional battle over the New Deal.

By the 1920s, reformers were trying to limit punishing work hours, establish minimum wages, break up monopolies, and curb child labor—and the Supreme Court was increasingly prepared to stop them.

In Part 2 of our New Deal series, we enter the Lochner era through New York City’s filthy tenement bakeries and the Supreme Court’s decision in Lochner v. New York. From the Court’s expansive “freedom of contract” doctrine to Justice Oliver Wendell Holmes Jr.’s famous dissent and the rise of legal realism, this episode explores a growing battle over whether judges or legislatures should decide how the law responds to industrial America.

We also trace the Court’s rejection of a minimum wage for women in Adkins v. Children’s Hospital and its narrow, sometimes shifting interpretation of the Interstate Commerce Clause in United States v. E. C. Knight Co., Swift & Co. v. United States, and the child-labor cases. With former President William Howard Taft now serving as chief justice, the Court becomes increasingly aggressive in striking down social legislation—bringing the nation closer to its historic confrontation with the New Deal.

Before the New Deal could transform American government, the Supreme Court had spent decades defining—and defending—a very different vision of freedom.

In Part 1 of our New Deal series, we explore the legal and political ideas that shaped the Court before the Constitutional Revolution of 1937. From laissez-faire economics and Social Darwinism to the Contract Clause, substantive due process, and the emerging “freedom of contract,” this episode explains how judges came to view economic regulation and social reform with deep suspicion.

We also trace the rise of corporate personhood, the beginning of the Lochner era, the economic crisis of 1893, the Populist movement, and William Jennings Bryan’s effort to remake the Democratic Party. Together, these developments set the stage for an extraordinary confrontation between the Supreme Court, the New Deal, and the changing demands of American society.

After the Butler Act became law, the question was whether anyone in Tennessee would actually enforce it — and whether anyone would be willing to test it.

In Part 4 of Religion in the Courts: Galileo, Scopes and Dover, Judge Stephen J. Sfekas turns to the famous trial of State of Tennessee v. Thomas Scopes. What began as a challenge organized by the ACLU quickly became something much bigger, as Dayton businessman George Rappleyea saw a chance to put his struggling town on the map, Thomas Scopes agreed to serve as the defendant, and William Jennings Bryan and Clarence Darrow entered the case.

But the real Scopes trial was far stranger, messier, and more complicated than its later legend. Scopes was not a biology teacher. The textbook at the center of the case, Hunter’s Civic Biology, embraced racist and eugenic ideas that would be unacceptable today. The ACLU wanted a constitutional challenge, not an attack on religion. Darrow ignored that strategy, Bryan’s famous testimony happened outside the jury’s presence, and the defense ultimately asked for a guilty verdict in order to appeal.

This episode follows the carnival atmosphere in Dayton, the clash between Bryan and Darrow, the nine-minute jury verdict, the anticlimactic appeal, and the unresolved question at the heart of the case: who really won?

In Part 3 of Religion in the Courts: Galileo, Scopes and Dover, Judge Stephen J. Sfekas turns from Galileo to the origins of the Scopes case. The episode begins with Genesis and the creation of mankind, then traces the rise of Charles Darwin’s theory of evolution, the publication of On the Origin of Species and The Descent of Man, and the broader social ideas that came to be associated with Darwinism — from social Darwinism and eugenics to scientific racism, imperialism, and materialism.

But this is also the story of William Jennings Bryan. Remembered today largely through Inherit the Wind, Bryan was far more complicated than the caricature of a simple anti-science crusader. A progressive, a pacifist, a champion of labor and women’s suffrage, and a deeply religious public figure, Bryan came to oppose the teaching of Darwinian evolution largely because of what he saw as its dangerous social implications after World War I.

This episode sets the stage for State of Tennessee v. Thomas Scopes by showing how Darwin, fundamentalism, Bryan, and the Butler Act converged in Tennessee — creating one of the most famous trials in American history, and one of the most misunderstood.

After centuries of debate over Earth’s place in the cosmos, Galileo Galilei pointed a telescope at the night sky — and saw a universe that no longer fit the old order.

In Part 2 of Religion in the Courts: Galileo, Scopes and Dover, Judge Stephen J. Sfekas follows Galileo from respected mathematician to scientific celebrity. With his telescope, Galileo discovered mountains and valleys on the moon, countless stars invisible to the naked eye, and moons orbiting Jupiter. Those observations did not prove Copernicus right, but they made the old Aristotelian and Ptolemaic cosmos much harder to defend.

But Galileo’s brilliance came with a talent for making enemies. As he challenged old ideas, clashed with scholars, alienated former supporters, and pushed the limits of what Church authorities would permit, his scientific discoveries became entangled with theology, politics, personal rivalry, and war.

This episode traces Galileo’s rise, his two encounters with the Inquisition, the publication of Dialogue on the Two Great World Systems, and the decision that left him under house arrest for the rest of his life — a case remembered ever since as one of history’s defining conflicts over science, authority, and truth.