pos 14

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


1. Hughes’ letter in the Senate
2. 2 cases upholding new deal legislation
3. 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