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o surmountable legal obstacles tn keep justices to the court. The proposal. o Mr. Giuliani from staying on. “De­ labeled court-packing by opponents, o c mocracy has some play in its joints,” was even denounced by Roosevelt’s 3 Mr. Tribe said. “If he were looking supporters. CD 3 for some underhanded or tricky way “The main point is that it was Im of extending his term, that would be defeated,” Mr. Foner said. “And this disturbing. It’s a matter of taking was right after F. D. R. won re-elec­ tion. He was, like Giuliani, at the

I' height of his popularity. Congress didn’t pass tlie law for the basic reason that you don’t change demo­ ‘People are critical of rewriting the cratic process to accommodate a particular view or outcome.” Richard Briffault, a law professor tt'pAb for by at Columbia University and an ex­ rules in the middle pert on election law and local govern­ CITIZENS OF ment, offered another analogy. Until of a process.’ the Depression, he said, the official start of term for the president of the United States was March 4. But after MH, YORK CITY 't ■ ’ "V. •>

, , , , , Roosevelt’s election in November * I Agence France-Presse advantage of and acting in light of inn, „ Constitutional amendment . ... the fact that he is so widely valued in was passed, making the date Jan. 20, mayor’s leadership in a hard time has increased his popularity. maintaining calm and order in the partly, Mr.’ Briffault said, because “j city in a time of terror,” “people were troubled by the fact usually able to write rules for the should step down and they should But other scholars said the legal that Hoover remained in office five future, not for the present.” make him ruler of Afghanistan,”, Mr. precedents were not encouraging, months after being soundly defeat- |Sean Wilentz, a professor of histo- Wilentz said. “He’ll need a job, and. Some cited the unsuccessful attempt ed.” But the amendment did not go ry at Princeton University, said that God willing, the job will soon be open. by President Franklin Delano Roose- into effect until after Roosevelt’s re- he was not in principle opposed to the He’ll bring law and order to the:peo- velt to stack a hostile Supreme Court election four years later. idea of Mr. Giuliani’s remaining in pie. If he can make it happen in New with justices favorable to his New “in general, people are critical of office for a few months, but he joked York, he can make It happen any- Deal policies. In 1937, at the begin- rewriting the rules in the middle of a tliat he had a better Idea for how to where.” ning of his second term, he proposed process,” Mr. Briffault said. “You’re use the mayor’s time. “Giuliani :

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