Studied by 31 people
SC Schechter Poultry decision
interpreted the Constitution’s commerce clause
it considered whether the national industrial recovery act violated the Constitution
it considered whether Congress improperly delegated its power to the executive branch
Hammer v. Dagenhart
dagenhart sued bc he wanted his son to have the freedom to engage in child labor
the case required the SC to interpret the commerce clause
Congress’ Enumerated Powers
Art 1 Section 8
to lay and collect taxes (McCulloch)
to regulate commerce between foreign nations and several states (Gibbons)
to make all laws which shall be necessary and proper (McCulloch)
background provisions
supremacy clause: the constitution is the supreme law of the land
tenth amendment: powers not delegated to the US by the constitution, or prohibited by it to the states are reserved to the states respectively or to the people
McCulloch v. Maryland 1819
what tax did maryland legislature pass in 1818
all banks or bank branches operating in the state that were not chartered by the legislature
tax was a % of the value of notes issues by the bank
McCulloch v. Maryland 1819
who was James McCulloch
cashier of Baltimore branch of the Bank of the US, issued notes that hadn’t been state taxes
maryland sued when the US did not pay the taxes on the notes
McCulloch v. Maryland 1819
legal issue
did the constitution empower Congress to create a national bank
in the powers delegated to Congress in the Constitution
can Maryland tax this bank?
state could not impose takes without violating the supremacy clause
McCulloch v. Maryland 1819
law
taxing power: Art 1 Section 8
power to lay and collect taxes
Necessary and Proper clause: Art 1 sec 8
make all laws which shall be necessary and proper for carrying into execution the forgoing powers
Supremacy Clause
the constitution is the supreme law of the land
McCulloch v. Maryland 1819
holding
The US can establish a national bank
Maryland can not tax this bank
maryland loses
what qualities essential to Marshall’s success as Chief Justice
ability to explain clearly and forcefully why the Court reached the conclusions it did
the power of clear statement in spades and his opinions reflect it
possessed great ability to persuade his colleagues
Gibbons v. Ogden 1824
who issued whose license
Ogden: issued by NY, an exclusive license to operate in Hudson river
Gibbons: issued by feds, license to operate in Hudson river
Gibbons v. Ogden 1824
what happened
Ogden sued bc Gibbons was operating in his river, NY stopped Gibbons then Gibbon appealed
Gibbons v. Ogden 1824
legal issue
does the commerce clause give the feds power to regulate transportation between states?
who represented Gibbons
Daniel Webster
William Writ: Attorney General of the US
Gibbons v. Ogden 1824
Law
Commerce Clause: Art 1 Sec 8
congress has the power to regulate commerce among several states
define commerce
and why it includes transportation
buying and selling good
Transportation: how can it be commercial intercourse w/out transportation? you need the means to get the goods to the consumer
Gibbons v. Ogden 1824
who won
Gibbons
The gov has the power to regulate transportation
Hammer v. Dagenhart 1918
facts
1916 congress prohibited interstate shipment of goods produced with child labor
Dagenhart sued bc he wanted his kid to work
hammer
attorney general
Hammer v. Dagenhart 1918
legal issue
does the commerce clause give the federal government the power to regulate goods produced in child labor
Hammer v. Dagenhart 1918
law
Commerce Clause: Article 1 Sec 8
“to regulate commerce among the several sates“
Hammer v. Dagenhart 1918
holding
NO- the feds can not regulate good produced in child labor
Interstate Commerce Clause: allows states to regulate the age limits
dagenhart wins
reaction to Hammer v. Dagenhart 1918
Congress proposed Child Labor Amendment which would give congress the power to limit and regulate labor of people under 18
by 1937 not enough states ratified it
Fair Labor Standards Act 1938
prohibited child labor
1941: SC upheld this Congressional power to regulate employment conditions under the commerce clause
early new deal justices
4 horseman (conservative)
Bulter
McReynolds
Sutherland
Devanter
early new deal justices
3 musketeers (progressive)
Cardozo
Stone
Brandeis
early new deal justices
swing votes
Chief Hughes
Owen Roberts
Schechter Poultry v US “Sick chicken”
the brothers’ crimes
60 charges of violating the “live poultry code“, including unfit chickens for sale and not offering minimum way to workers
found guilty of 20 counts
the new deal legislation: National Industrial Recovery Act (NIRA)
created the National Recovery Agency and authorized FDR to create codes for fair competition
establish live poultry code for NYC
Schechter Poultry v US
issues
Does this act go beyond Congress’s Commerce Clause: to regulation commerce among the states?
Does this Act improperly delegate the Congress’s legislative power to the President?
Schecter Poultry v US
holdings
9/0
the chickens were only sold with NY
The NIRA was struck down bc it was an unconstitutional delegation of Congressional powers to the Pres
too much power to control the economy through the use of fair practice codes
too much power to regulate local activities
Black Monday
May 19, 1935
Hughes Court struck down three FDR/ Congressional initiatives
Schechter Poultry v US
Note 
Flashcard (32)