PSC 324 Lecture Notes - Lecture 20: Commerce Clause, National Labor Relations Act, Fireside Chats
12 Sep 2018
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The new deal realignment and constitutional conflict: partisan realignment and the supreme court. The hughes court and the fdr administration: schechter v. u. s. (1935, more on the commerce power, more on the non-delegation doctrine, further examples of judicial activism. Fdr"s response: criticizing the court, packing the court, partisan realignment and the supreme court. In the midst of the great depression. All fdr"s attempts get struck down as unconstitutional in a great crisis economically. Law was challenged in schechter v. u. s. (1935) Plaintiff = poultry company that doesn"t agree with the regulation. Commerce clause (interstate); chickens can only be regulated by state government, not congress. Non-delegation doctrine: balance of power between congress and. (clean water act > epa: supreme court said it was unconstitutional; congress can"t give that power to someone else. 1935: court struck down 10 recently enacted laws. Railroad retirement board v. alton: federal retirement and pension system.
