Studied by 35 people
what did the SC do on Black Monday that FDR really disliked 1935
released Schechter Poultry v. US and two other cases which struck down 3 initiatives
black monday: Roosevelt responds 1935
press conference: national issue that the SC ruled on, when the executive and legislative were working to the solve the issues
SC has a horse and buggy definition of interstate commerce
judicial review
interpretation of the Constitution
political decision to limit congress’ power
Morehead v. New York
5-4 court struck down NY minimum wage law on due process
state powers are general police powers (general health, safety , welfare )
is huge issue of controversy its a political discussion in 1936 elections
is overturned less than a year later
SC rule 10
why writ of certiorari is granted
important federal question
creates a major conflict w/ other court decisions
conflicts w/ prior court decision
case has no procedural defects
what did FDR announce to the Democratic Congressional leaders at the white house on 2/5/1937
the president called for a reorganization of the Judicial Branch
the bill said that for each member of the SC how was over 70 and did not retire, the Pres would be empowered to appoint an additional justice to the court up to 15 members @ once
what would have happened if the bill was passed
6 justices over 70 on the current court (Butler, McReynolds, Sutherland, Devanter) (Brandeis) (Hughes)
FDR would get 6 automatic appointments
what reaction did the House Judiciary Committee Chairman have to the reorganized plan
where would the bill go first?
Hatton Sumners “boys, here’s where i cash in my chips“
→ everyone else is stunned
orginally FDR wanted to have the bill pass in the House first bc of short terms so they are more vulnerable to pressures from the Pres
due to the House Chairman reaction, the issue went to the Senate
the four horseman
who and what
Bulter, McReynolds, Sutherland, Devanter
oppose new deal measures
3 musketeers
who and what
Brandeis, Cardozo, Stone
support New Deal measures
swing - who
Chief Hughes, Robers
who led the reorganization plan in the Senate
Joe Robinson from Arkansas, Democratic majority leader
w/ the ambition for a seat a court
what did Chief Justice Hughe’s letter say
Congestion of the SC docket: there is none
How additional justices would affect efficiency: there would be more justices to hear, confer, discuss, to be convinced and to decide
NLRB v. Jones & Laugnlin
what did it decide
upheld the Wagner Act
→ expanded on the court’s definitions of the scope of congressional authority to regulate commerce among the states
impact of NLRB v. Jones & Laugnlin and West Coast Hotel Company v. Parrish
since the court upheld two pieces of new deal legislation, the bounds that Congress had wanted seemed in reach
→ wavering members of the Senate believed that the Pres’ plan was no longer necessary and to count them as a no
nails in the coffin
Failure in the House first
Hughes’ letter in the Senate
2 cases upholding new deal legislation
death of Robinson (many pp were voting yes out of loyalty to him)
Fireside Chat 3/9/1937
agrees the SC has the power of judicial review, they are assuming the power to pass on the wisdom of the acts of Congress, approving and disapproving of the laws
claims the Court is acting as a third house of congress, super-legislature, interpreting the Constitution in ways it was not intended
government of laws not men, the SC is going too far in their interpretation
fireside chat 3/9/1937
independent judiciary
believes it is in the Constitution, written in by the Framers
the judiciary should not be so independent that it can deny facts of existence which are universally recognized
which justice planned their retirement to defeat the Court packing plan?
Van Devanter- horseman, over 70
FDR’s bill did not pass but did he leave an impact of the court
Yes, he appointed 8 men to the Court and elevated Stone to Chief Justice
who replaced who (the ones w/ unusual ability)
late new deal justices
Devanter = Black
Brandis = Douglas
Cardozo = Frankfuther
Hughes = Jackson
why was black so influential to the court
what are the tea about him?
able and forceful writing, strong consistent views about constitutional interpretation, longevity
KKK member
what was the difference of the early new deal justices and the late new deal justices
new justices vote in favor for federal gov power every time
Why did FDR appoint Stone rather than Attorney General Jackson to be Chief
he would be able to reinforce a bipartisan administration and Stone in his 60s could soon be replaced with Jackson
Wickard v. Filburn (1942)
What did Fiburn do?
he was fined by the Secretary of Agriculture for growing more wheat then the quota imposed that the Agricultural adjustment Act allowed
Wickard v. Filburn (1942)
what the court found
the his wheat did not have to have a “substantial effect“ on interstate commerce
he was found guilty on the large affects of not following the quota, which was intented to keep the price high
Wickard v. Filburn (1942) and US v Darby (1941) are examples of?
expansion of the commerce clause
1942-Lopez case the SC doesn’t strike down a commerce clause case (60 yrs)
US v Darby (1941)
what did it do?
Overturned Hammer v. Dagenhart (1918)
said that the commerce clause did not allow Congress to regulate commerce made with child labor
9/0 upheld Fair Labor Standards Act
Fair Labor Standards Act
regulated the wages, hours, and minimum working age of local lumber workers
congress can regulate intrastate activities where they have a substantial affect on interstate commerce
Warren Court (1962-69) the “golden years“
who replaced who and when
1953- Warren becomes Chief
1971- Black retired
1975- Douglas retired
1956 Minton = Brennan
1965 Clark = Thurgood Marshall
1965 Goldberg = Abe Fortas
Hear of Atlanta Motel v. US (1964)
9/0
commerce clause gives congress the power to pass the civil right act of 1964 and prohibit a hotel from discriminating on the basis of race
Katzenbach v. McClung (1964)
9/0
commerce clause gives congress the power to pass the civil right act of 1964 and prohibit a restaurant from discriminating on the basis of race
Note 
Flashcard (255)