POL SCI 71A Lecture Notes - Lecture 5: National Industrial Recovery Act
17 May 2017
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Schechter poultry v. us (1935: parties, plaintiff: u. s. government (criminal charges, defendant: schechter corp. Relevant facts: nyc live poultry market, 1933 national industrial recovery act (nira) passed by congress, 1934 executive order: live poultry code , 8 articles: standard for wages, hours. Schechter violated these standards (18 counts: schechter convicted in district court, argues constitutionality of nira on appeal. Issue for decision: did the nira congressional authorization for the president to decree codes of. Fair competition in certain industries violate the constitutional separation of powers through unlawful delegation of legislative functions: yes. Legal reasoning: standard: congress has legislative function (art. Precedent for the future: use clear standards (in midterm) when delegating to the executive, no general executive emergency power, extraordinary conditions may call for extraordinary remedies. But the argument necessarily stops short of an attempt to justify action which lies outside the sphere of constitutional authority. Extraordinary conditions do not create or enlarge constitutional power.
