pos 14

released Schechter Poultry v. US and two other cases which struck down 3 initiatives

press conference: national issue that the SC ruled on, when the executive and legislative were working to the solve the issues

SC has a horse and buggy definition of interstate commerce

interpretation of the Constitution

political decision to limit congress’ power

5-4 court struck down NY minimum wage law on due process

• state powers are general police powers (general health, safety , welfare )

• is huge issue of controversy its a political discussion in 1936 elections

  • is overturned less than a year later

why writ of certiorari is granted

• important federal question

• creates a major conflict w/ other court decisions

• conflicts w/ prior court decision

• case has no procedural defects

the president called for a reorganization of the Judicial Branch

• the bill said that for each member of the SC how was over 70 and did not retire, the Pres would be empowered to appoint an additional justice to the court up to 15 members @ once

6 justices over 70 on the current court (Butler, McReynolds, Sutherland, Devanter) (Brandeis) (Hughes)

• FDR would get 6 automatic appointments

Hatton Sumners “boys, here’s where i cash in my chips“

→ everyone else is stunned

• orginally FDR wanted to have the bill pass in the House first bc of short terms so they are more vulnerable to pressures from the Pres

  • due to the House Chairman reaction, the issue went to the Senate

Bulter, McReynolds, Sutherland, Devanter

• oppose new deal measures

Brandeis, Cardozo, Stone

• support New Deal measures

Chief Hughes, Robers

Joe Robinson from Arkansas, Democratic majority leader

w/ the ambition for a seat a court

Congestion of the SC docket: there is none

How additional justices would affect efficiency: there would be more justices to hear, confer, discuss, to be convinced and to decide

upheld the Wagner Act

→ expanded on the court’s definitions of the scope of congressional authority to regulate commerce among the states

since the court upheld two pieces of new deal legislation, the bounds that Congress had wanted seemed in reach

→ wavering members of the Senate believed that the Pres’ plan was no longer necessary and to count them as a no

Failure in the House first

1. Hughes’ letter in the Senate

2. 2 cases upholding new deal legislation

3. death of Robinson (many pp were voting yes out of loyalty to him)

• agrees the SC has the power of judicial review, they are assuming the power to pass on the wisdom of the acts of Congress, approving and disapproving of the laws

• claims the Court is acting as a third house of congress, super-legislature, interpreting the Constitution in ways it was not intended

• government of laws not men, the SC is going too far in their interpretation

believes it is in the Constitution, written in by the Framers

• the judiciary should not be so independent that it can deny facts of existence which are universally recognized

Van Devanter- horseman, over 70

Yes, he appointed 8 men to the Court and elevated Stone to Chief Justice

Devanter = Black

Brandis = Douglas

Cardozo = Frankfuther

Hughes = Jackson

able and forceful writing, strong consistent views about constitutional interpretation, longevity

• KKK member

new justices vote in favor for federal gov power every time

he would be able to reinforce a bipartisan administration and Stone in his 60s could soon be replaced with Jackson

he was fined by the Secretary of Agriculture for growing more wheat then the quota imposed that the Agricultural adjustment Act allowed

the his wheat did not have to have a “substantial effect“ on interstate commerce

• he was found guilty on the large affects of not following the quota, which was intented to keep the price high

expansion of the commerce clause

• 1942-Lopez case the SC doesn’t strike down a commerce clause case (60 yrs)

Overturned Hammer v. Dagenhart (1918)

• said that the commerce clause did not allow Congress to regulate commerce made with child labor

9/0 upheld Fair Labor Standards Act

regulated the wages, hours, and minimum working age of local lumber workers

• congress can regulate intrastate activities where they have a substantial affect on interstate commerce

1953- Warren becomes Chief

1971- Black retired

1975- Douglas retired

• 1956 Minton = Brennan

• 1965 Clark = Thurgood Marshall

• 1965 Goldberg = Abe Fortas

commerce clause gives congress the power to pass the civil right act of 1964 and prohibit a hotel from discriminating on the basis of race

commerce clause gives congress the power to pass the civil right act of 1964 and prohibit a restaurant from discriminating on the basis of race