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Lecture 20

Complete Lecture 20 Notes

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Department
Political Science
Course
POLI 2327
Professor
All Professors
Semester
Fall

Description
11/12/13 Lecture 20 • In depth of economic crisis o Wave of ambition to restructure American government and meet needs of crisis • Old lockner court is still there,though o No judges appointed by Roosevelt  “Four Horsemen of the Apocolypse” – president doesn’t have power under constitutuion • Skeptics of Roosevelt • Voted as a block  Also had some confirmed liberals • Holmes, brandeis • Some felt that progressives shouldn’t be appointed because they can never be unbiased • Cardoso – considered the best judge/lawyer, from NY  2 in the middle • Hughes and Owen Roberts • Had to be won over for FDR to win and weren’t won over for quite a while • “counting to four” – how you get case INTO supreme court o Four justices need to want to hear the case • “Counting to five” – how you win a court case • Argue about whether horsemen or liberal interpreted constitution correctly • Sick Chicken Case o Takes on National Industrial Recovery Act – major pillar of FDR’s new deal  All agreed NIRA was unconstitutional o Involves 2 issues: commerce power and nondelegation power o FDR – what do you do to get country out of deep depression?  Conservatives thought the things would correct themselves  FDR felt that something NEEDED to be done though – it is obligation of the federal government to solve that problem o FDR set up cartels and industries to get prices up  For each industry, FDR set up cartels involving agreements to limit production and regulate the quality of product as well as prices of labor so cartel wouldn’t collapse • Massive government involvement o How do you set a complex code for different industries? Government didn’t know enough so they decided to let the businesses within the particular industries write the codes themselves  FDR would sign codes into law o If you agreed to follow the code, you’d display a Blue Eagle in the store window  Codes were enforced o There was an allegation that the chicken market was collapsing because there was cheating  Schechter Brothers Poultry had Kosher chickens and a federal inspector said that they were not providing chickens to market that were not up to quality enforced by codes • Prosecuted for violating the code, and the brothers said that the law that provided for the code was unconstitutional according to commerce
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