When a rogue president defied the Supreme Court

I think that we can all agree that our democracy would be at an end if a president were to defy the Supreme Court. Has it ever happened? I asked ChatGPT. Here are some snippets:

In the early 1930s, FDR removed the U.S. from the gold standard and invalidated gold clauses in both public and private contracts. These clauses had allowed creditors to demand payment in gold, insulating them from inflation.

The Supreme Court heard several consolidated cases, the most famous being Perry v. United States, which challenged the government’s abrogation of gold clauses in government bonds.

There was press speculation that FDR might defy the Court if it ruled against him, especially since the stakes were so high for the administration’s economic agenda.

In a narrow 5-4 ruling, the Court upheld the government’s position, essentially avoiding a constitutional crisis.

Chief Justice Charles Evans Hughes wrote the majority opinion in Perry v. United States, holding that while the government’s action was technically unconstitutional, the plaintiff had not suffered a legally redressable loss.

Yes, Franklin D. Roosevelt did prepare a contingency speech in the event that the Supreme Court ruled against him in the 1935 gold clause cases, particularly Perry v. United States.

The speech was drafted in anticipation of the Supreme Court potentially striking down his policies on invalidating gold clauses.

In this prepared address, FDR was ready to assure the public that he would not allow the economic system to collapse, even if it meant ignoring the Court’s ruling. The draft included language that strongly implied he would defy the decision.

According to historical sources, including William Leuchtenburg’s writings and Henry Morgenthau’s diaries, the speech essentially framed any contrary Court ruling as a threat to national survival, and FDR positioned himself as the defender of the people’s economic security over rigid constitutional formalism.

Here’s a paraphrase of the key idea from that draft speech:

If the Supreme Court were to rule that the government must repay debts in gold, then the administration would have no choice but to protect the nation’s economy by refusing to comply—suggesting a potential constitutional crisis.

Henry Morgenthau Jr., FDR’s Treasury Secretary, kept detailed diaries. In entries from January 1935, he discusses FDR’s draft speech and concerns about the Supreme Court decision. These diaries are held at the Franklin D. Roosevelt Presidential Library and are available digitally. Look for entries in January–February 1935 regarding the gold clause litigation.

Secondary source: Franklin D. Roosevelt and the New Deal, 1932–1940 by William E. Leuchtenburg:

“[FDR] had even prepared a radio address for the evening of the day the Supreme Court ruled, asserting that the government would defy the Court if it invalidated the gold policy. But the Court, by a narrow margin, spared him the necessity.”