POL SCI 71A Lecture 5: Lecture 5

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University of California - Irvine
Political Science

Lecture 5 Pol Sci 71A th April 18 2017 I. Schechter Poultry v. US (1935) a. Parties i. Plaintiff: U.S. Government (criminal charges) ii. Defendant: Schechter Corp. II. Relevant facts a. NYC live poultry market b. 1933 National Industrial Recovery Act (NIRA) passed by Congress i. 1934 executive order: Live Poultry Code 1. 8 articles: standard for wages, hours. Reporting, methods of conducting business c. Def. Schechter violated these standards (18 counts. . .) d. Schechter convicted in District Court e. Argues constitutionality of NIRA on appeal III. Issue for Decision a. 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 b. Yes IV. Legal Reasoning a. Standard: congress has legislative function (Art. 1) b. Interpretationcaselaw: i. Must use clear standards when delegating to president c. Facts i. NIRA does not give clear guidance as to what the codes of fair conduct should contain ii. President has unfettered discretion to make those choices d. Conclusion i. Therefore, NIRA is unconstitutional (void) V. Precedent for the future a. Use clear standards (IN MIDTERM) when delegating to the executive b. No general executive emergency power i. 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. VI. Concurrence a. This is delegation running riot
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