The New Deal, Warren Court, and Liberal Expansions

Much of the change in how the Supreme Court approached federalism was driven by two defining moments: (1) the election of Franklin Roosevelt and the gradual implementation of the New Deal; and (2) the proposed Court-packing scheme proposed by Roosevelt that led to the "switch in time that saved nine" and the retirement of Justice Van Devanter. 

While the progressive era presented challenges to the Court, many of those challengers were blunted by internal divisions within the movement itself. The New Deal and subsequent Roosevelt reforms were unique in that Roosevelt had secured huge majorities in the United States Congress and for the most part, the New Deal received vocal public support. While the Court initially ruled against several New Deal programs, ultimately, when confronted with forced institutional reform - the Court itself capitulated. The end result was that more conservative rulings from the more conservative post-war and gilded age eras were eventually overturned.

As time progressed, the liberal majority increased in size and zeal. By the time the 1950s, under the leadership of Chief Justice Warren, the Court was committed to the Roosevelt expansionist view of federal authority. Rarely did the Court side against the federal government in federalism-related conflicts until the conservative resurgence of the 1980s.