FDR needed a Supreme Court that would "defer" to the will of Congress and allow it a liberal interpretation of the Commerce Clause, Interstate Commerce Clause, and Necessary the Proper Clause in order to create responsive New Deal legislation.
Example of the PRE- New Deal Supreme Court -In this case, the Supreme Court analyzed the constitutionality of a federal law banning the shipment across state lines of goods made in factories which employed children under the age of fourteen. In a decision overturned decades later, the Court held that Congress had overstepped its constitutional power in attempting to regulate the production of goods.
US v. Butler (1936) - Example of the PRE- New Deal Supreme Court - declared the Agricultural Adjustment Act of 1933 unconstitutional because it attempted to regulate and control agricultural production, an arena reserved to the states.
US v. Darby- (1941) Cooperative Federalism- the Supreme Court "flips." The unanimous Court upholds the Constitutional power of the Congress to "regulate interstate commerce."
Wickard v. Filburn (1942) Cooperative Federalism- A case in which the Court held that Congress can regulate any activity that has a substantial economic effect on interstate commerce
Wickard v. Fiburn (1942)
A case in which the Court held that Congress can regulate any activity that has a substantial economic effect on interstate commerce
NLRB v. Jones
Panama Refining v. Ryan
US v. Darby
United States v. Butler
Humphrey's Executor Executive Appointment and Removal
159954839909/07/202011:59pm
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