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Complete Lecture 21 Notes

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Political Science
POLI 2327
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11/14/13 Lecture 21 • FDR vs. Supreme Court o It is the duty of congress and the president to protect the people of the united states to the best of its ability  Essentially, they have to save the country from the Supreme Court • FDR wins landslide election o Add one justice to the court for every justice over 70 years of age (5)  These justices were old, tired, couldn’t keep up with their business • Everyone hates this idea o Republicans don’t have to oppose because the people in his own party are appalled by this  Liberal justices on the hill are appalled by this and testify against it • Attack of judicial independence • Have a professional obligation and view themselves as stewards of the law o See this as immensely dangerous to the law and come to the defense of the court • Newspapers editorialize against it • Senate condemns FDR’s proposal • FDR dropped the old age argument o Problem isn’t the age, it’s these particular justices  Trying to impose a horse and buggy constitution on a modern world • Justice Roberts votes to change his mind in the middle – “the switch in time that saved nine” o Court starts voting 5-4 in the opposite direction  Almost every major precedent goes in the OPPOSITE direction!!! • All the tests, distinctions, analyses were thrown away • All of these conservative justices start to retire o Then the other justices retire  By 1941 the only remaining justice was Justice Roberts, other than that, there’s a whole new court! • Liberal Supreme Court • Liberals not only have the court, they have the same strong empowered court that conservatives had in Lochner o Able to use it for liberal ends  Sets the stage for cases like Brown v. Board of Ed and Roe v. Wade • Conservatives allege that they’re being like the old court • “Switch in Time Cases” o Core issues = liberty of contract and commerce clause  Moorhead v. Dipaldo • Everything is connected - Hughes o If workers aren’t pay adequately, taxpayers are called upon to bear the burden  To strike this down is to subsidize cheap and irresponsible employers • State has right to organize workers in a way that would benefit everyone • PRIVATE EMPLOYMENT HAS PUBLIC EFFECTS o Staunch dissent from 4 horsemen  NLRB v. Jones and Lockman Steel • Commerce clause case o Are these codes passed by the federal government a regulation of interstate commerce or local manufacture? • Jones and Lockman Steel company is in Pittsburg o Got coal from WV  Steel went to Detroit • Throw out the old commerce clause test of the conservative justices (local manufacture and production vs commerce  separate those out. Forme
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