pos 13

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