PS 3150 Lecture Notes - Lecture 8: Commerce Clause, Schecter Guitar Research, Rein
8 Dec 2016
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Asked congress, to approve one seat on the court for every current justice over the age of 70. At the time, 6 justices were over the age of 70; fdr"s plan would have added 6 more justices, bringing the total to 15. However, in 1937, this become moot when a conservative justice switched sides and began voting with the liberal bloc ( switch in time that saved nine ) This was followed by the retirement of another conservative justice in 1940, 2 more retired and 2 more died. This allowed fdr to put justices in the bench that favored his policies: because of this, what was considered commerce changed dramatically. Knight, hammer, schecter, and other cases began to get overruled or severely limited. Created a more sweeping and more open view of the commerce clause: wickard v. filburn (1942) Filburn owned a small farm, he planted his allotted acres for sale, and then a little for home consumption.
