199:, Section 9(c), in which Congress had delegated to the President authority "to prohibit the transportation in interstate and foreign commerce of petroleum ... produced or withdrawn from storage in excess of the amount permitted ... by any State law". The NIRA passed in June 1933, and Roosevelt moved quickly to file executive orders to regulate the oil industry. Two small, independent oil producers, Panama Refining Co. and Amazon Petroleum Co. filed suit seeking an injunction to halt enforcement, arguing that the law exceeded Congress's interstate commerce power and improperly delegated authority to the President. The Supreme Court, by an 8-1 margin, agreed with the oil companies, finding that Congress had inappropriately delegated its regulatory power without both a clear statement of policy and the establishment of a specific set of standards by which the President was empowered to act. Although a loss for the Roosevelt administration and New Deal supporters, it was mitigated by the narrowness of the court's opinion, which did not deny Congress's authority to regulate interstate oil commerce. Chief Justice Hughes, who wrote the majority opinion, indicated that the policy which Section 9(c) enacted was not unconstitutional and that it was only ruled unconstitutional because it was poorly worded and did not convey specific powers. The Court's opinion indicated that Congress could resolve the unconstitutional provisions of the Act by simply adding procedural safeguards, hence the
427:, which revisited the National Industrial Recovery Act, invalidating the NIRA in its entirety. Under Section 3 of the NIRA, the President had promulgated the Live Poultry Code to regulate the New York poultry market. The Schechter brothers had been charged with criminal violations of the code and were convicted, whereupon they appealed on grounds that the NIRA was an unconstitutional delegation of legislative power to the executive, the NIRA sought to regulate business which was not engaged in interstate commerce, and that certain sections violated the Fifth Amendment Due Process Clause. Chief Justice Hughes delivered the opinion of the unanimous court, holding that Congress had delegated too much lawmaking authority to the President without any clear guidelines or standards. Section 3 granted either trade associations or the President authority to draft "codes of fair competition", which amounted to a capitulation of congressional legislative authority. The arrangement presented the danger that private entities, and not government officials, could engage in creating codes of law enforceable upon the public. Justice Benjamin Cardozo, who had been the lone dissent in the similar
370:, which specified that the President was only authorized to remove a FTC commissioner "for inefficiency, neglect of duty, or malfeasance in office". Humphrey died on February 14, 1934, and his suit was carried on by his wife — as executor of his estate — for backpay up to the date of his death (with interest). Associate Justice George Sutherland read the court's opinion, holding that Roosevelt had indeed acted outside of his authority when he fired Humphrey from the FTC, stating that Congress had intended regulatory commissions such as the FTC to be independent of executive influence.
315:. On May 6, 1935, Justice Roberts's 5–4 opinion for the Court rejected the government's position, dismissing the purported effect on railway safety as "without support in reason or common sense". Further, Roberts took issue with a provision of the act which awarded pension computation credit to former rail workers, regardless of when they had last worked in the industry. Roberts characterized the provision as "a naked appropriation of private property" — taking the belongings "of one and bestowing it upon another" — and a violation of the
366:(FTC) in 1931, was at odds with the administration's New Deal initiatives. Writing to request Humphrey's resignation from the FTC in August 1933, Roosevelt openly admitted his reason for seeking his removal: "I did not feel that your mind and my mind go along together." This proved to be a blunder on Roosevelt's part. When Humphrey could not be persuaded to resign, Roosevelt dismissed him from office on October 7. Humphrey promptly filed suit to return to his appointed office and to collect backpay. The basis for his suit was the 1914
507:, announced January 6, 1936. The AAA had created an agricultural regulatory program with a supporting processing tax; the revenue raised was then specifically used to pay farmers to reduce their acreage and production, which would in turn reduce surplus harvest yields and increase prices. Officials of the Hoosac Mills Corp. argued that the AAA was as unconstitutional as the National Industrial Recovery Act, attempting to regulate activity not in interstate commerce. Specifically attacked was the use of Congress's
925:, finding the minimum wage statute constitutional, would stand. The eight voting justices anticipated Justice Stone—absent due to illness—would be the fifth vote necessary for a majority opinion affirming the constitutionality of the minimum wage law. As Chief Justice Hughes desired a clear and strong 5–4 affirmation of the Washington Supreme Court's judgment, rather than a 4–4 default affirmation, he convinced the other justices to wait until Stone's return before both deciding and announcing the case.
600:
1357:, 432 (1935) ("If the citizen is to be punished for the crime of violating a legislative order of an executive officer, or of a board or commission, due process of law requires that it shall appear that the order is within the authority of the officer, board, or commission, and, if that authority depends on determinations of fact, those determinations must be shown.").
442:. Hughes determined the poultry at issue in the case, though purchased for slaughter interstate, were not intended for any further interstate transactions after Schecter slaughtered them. Thus, the poultry were outside of Congress's authoritative reach unless Schechter's business had a direct and logical connection to interstate commerce, per the
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significant portion of the tax for those adhering to the legislation's dictates. James Carter, shareholder and president of the Carter Coal Co., filed suit against the board of directors when they voted to pay the tax. On May 18, 1936, the
Supreme Court ruled the act unconstitutional by a 5–4 margin. Associate Justice Sutherland read the
239:, confiscating all gold coins, bullion, and certificates, requiring they be surrendered to the government by May 1, 1933, in exchange for currency. Congress also passed a joint resolution cancelling all gold clauses in public and private contracts, stating such clauses interfered with its power to regulate U.S. currency.
2129:, 604-05 (1936) ("The petition for the writ sought review upon the ground that this case is distinguishable from that one . No application has been made for reconsideration of the constitutional question there decided. ... He is not entitled, and does not ask, to be heard upon the question whether the
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legal and judicial papers. As a result, there is no significant collection of
Roberts' manuscript papers, as there is for most other modern Justices. Roberts did prepare a short memorandum discussing his alleged change of stance around the time of the court-packing effort, which he left in the hands of Justice
101:
also holds a particular significance: it was the one case in which the Court abandoned its jurisprudential distinction between the "public" and "private" spheres of economic activity, an essential distinction in the court's analysis of state police power. The effect of this decision radiated outward,
262:
On
February 18, 1935, the Justices' decisions in all three cases were announced; all supported the government's position by a narrow 5–4 majority. Chief Justice Hughes wrote the opinion for each case, finding the government had plenary power to regulate money. As such, the abrogation of both private
480:
decision had "relegated to a horse and buggy definition of interstate commerce". The comment lit a fire under the media and indignated the public. Scorned for the perceived attack on the court, Roosevelt assumed a diplomatic silence toward the court and waited for a better opportunity to press his
306:
meant the test of the railroad pension regime would serve as an indicator of whether
Roosevelt's ambitious retirement program would be found constitutional. The railroad pension was designed to encourage older rail workers to retire, thereby creating jobs for younger railroaders desperately in need
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In one of his notes from 1936, Hughes wrote that
Roosevelt's re-election forced the court to depart from "its fortress in public opinion" and severely weakened its capability to base its rulings on personal or political beliefs. Shortly after leaving the Court, Roberts reportedly burned all of his
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grounds. The court found the act stripped the creditor of property which was held before the passage of the act, without any form of compensation, and bestowed the property upon the debtor. Further, the act allowed the debtor to remain on the mortgaged property for up to five years after declaring
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was designed to give aid to debt-ridden farmers, allowing them to reacquire farms they had lost from foreclosure, or to petition the
Bankruptcy Court within their district to suspend foreclosure proceedings. The legislation's ultimate goal was to help those farmers scale down their mortgages. The
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Chief
Justice Hughes wrote in his autobiographical notes that Roosevelt's court reform proposal "had not the slightest effect on our decision", but due to the delayed announcement of its decision, the Court was characterized as retreating under fire. Roosevelt also believed that because of the
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undergirding the program. On
January 6, 1936, the Supreme Court ruled the AAA unconstitutional by a 6–3 margin. Associate Justice Roberts again delivered the opinion of a divided court, agreeing with those challenging the tax. Regarding agriculture as an essentially local activity, the court
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It seems to be very clear, as a result of this decision and former decisions, using this question of minimum wage as an example, that the "no man's land" where no government—state or federal—can function is being more clearly defined. A state cannot do it and the federal government cannot do
697:
and permitted any municipality or other political subdivision of any state to obtain a voluntary readjustment of its debts through proceedings in
Federal Court. Texas's Cameron County Water Improvement Dist. No. 1, which claimed to be insolvent and unable to meets its debts in the long run,
556:
ruling, declared a public interest in coal production and found it so integrated into interstate commerce as to warrant federal regulation. The code subjected the coal industry to labor, price, and practice regulations, levying a 15 percent tax on all producers with a provision to refund a
85:
on milk, in accordance with the state's police power. While not tests of New Deal legislation themselves, the cases gave cause for relief of administration concerns about
Associate Justice Owen Roberts, who voted with the majority in both cases. Roberts's opinion for the court in
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bankruptcy, giving the creditor no opportunity to foreclose immediately. While the states could not impair contract obligations, the federal government could—but it could not take property in such a manner without compensating the creditor.
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overwhelming support that had been shown for the New Deal in his re-election, Hughes was able to persuade Roberts to no longer base his votes on his own political beliefs and side with him during future votes on New Deal-related policies.
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petitioned the local Federal District Court for readjustments granted under the Municipal Bankruptcy Act. The case eventually reached the Supreme Court, which found that the law violated Tenth Amendment rights of state sovereignty.
33:
Roosevelt was wary of the Supreme Court early in his first term, and his administration was slow to bring constitutional challenges of New Deal legislation before the court. However, early wins for New Deal supporters came in
1519:, 354 (1935) ("The action is for breach of contract. As a remedy for breach, plaintiff can recover no more than the loss he has suffered and of which he may rightfully complain. He is not entitled to be enriched.").
242:
While the Roosevelt administration waited for the court to return its judgment, contingency plans were made for an unfavorable ruling. Ideas circulated within the White House to narrowly exercise the government's power of
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case, agreed with the majority. In his concurring opinion, Cardozo described Section 3 as "delegation run riot". Hughes also renewed an old method of jurisprudence concerning the "current of commerce" theory of the
311:, and injunctions were issued on the grounds that the law was an unconstitutional regulation of an activity not connected to interstate commerce. The Supreme Court took the case without waiting for an appeal to the
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on February 5, 1937, the day of the first conference vote after Stone's February 1, 1937, return to the bench. Roosevelt later made his justifications for the bill to the public on March 9, 1937, during his 9th
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by withdrawing the right to sue the government to enforce gold clauses. Attorney General Cummings suggested the court should be immediately packed to ensure a favorable ruling. Roosevelt himself ordered the
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Further, the decision worked to hinder Roosevelt's push for the court reform bill, further reducing what little public support there was for change in the Supreme Court. Roberts had voted to grant
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733:, who had led the earlier unsuccessful arguments before the Supreme Court, worked carefully to craft the law for the New York legislature so it would stand up to challenges based upon the
308:
797:
case thus hung in the balance of Justice Roberts's vote. Roberts could find no distinction in the two minimum wage laws, but appears to have been inclined to support an overturning of
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and public contractual gold clauses was within congressional reach when such clauses represented a threat to Congress's control of the monetary system. Speaking for the Court in the
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Upon learning of the unanimity of the three court decisions, Roosevelt became distressed and irritable, regarding the opinions as personal attacks. The Supreme Court's decision in
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arranged for the decisions announced from the bench that day to be read in order of increasing importance. The Supreme Court ruled unanimously against Roosevelt in three cases:
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immediately after oral arguments on December 17, 1936. The initial conference vote on December 19, 1936, was split 4–4; with this even division on the Court, the holding of the
472:. Roosevelt and his entourage viewed Sutherland's particularly vicious criticism as an attempt to publicly shame the President and paint him as having purposefully violated the
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of work, although ostensibly Congress passed the act on the grounds that it would increase safety on the country's railways. Numerous challenges to the law were filed in the
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Just three weeks after its defeat in the railroad pension case, the Roosevelt administration suffered its most severe setback, on May 27, 1935: "Black Monday". Chief Justice
745:($ 12.40 per week), but had further hidden his transgression by falsifying his books. Tipaldo contested the law under which he was charged as unconstitutional and filed for
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case upheld labor regulations for the railroad industry, and is particularly notable for its foreshadowing of how the Wagner Act cases would be decided as the
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120:(AAA). However, New Deal supporters still wondered how the AAA would fare against Chief Justice Hughes's restrictive view of the Commerce Clause from the
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of individuals, and statements of what constituted an appropriate delegation of legislative powers to the President, Congress quickly revised the
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231:, acting from fears that gold hoarding and international speculation posed a danger to the national monetary system. He based his actions on the
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273:, Hughes chided Congress for an act which, while legal, was regarded as clearly immoral. However, Hughes ultimately found the plaintiff had no
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While not itself a part of the New Deal, the Roosevelt administration kept a close eye on the challenge to the 1934 Railroad Retirement Act,
902:. Oral arguments occurred on December 16 and 17, 1936, with counsel for Parrish specifically asking the court to reconsider its decision in
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446:. Hughes used a direct/indirect effect analysis to determine the Schechters' business was not within the reach of congressional regulation.
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of the Four Horsemen of Reaction announced his retirement in 1937 after 26 years as a Justice. His seat was filled by Hugo Black.
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affecting other doctrinal methods of analysis in wage regulation, labor, and the power of the U.S. Congress to regulate commerce.
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case should be overruled. He maintains that it may be distinguished on the ground that the statutes are vitally dissimilar.").
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decision, Congress attempted to salvage the coal industry code promulgated under the National Industrial Recovery Act in the
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was incorrectly decided and wanted to overturn it. Chief Justice Hughes believed the New York law differed from the law in
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The final provocation for New Deal supporters came in the overturning of a New York minimum wage statute on June 1, 1936.
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refused. Roosevelt also drew up executive orders to close all stock exchanges and prepared a radio address to the public.
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found itself in agreement with Tipaldo, being unable to find any substantial difference between the New York law and the
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decision. Most surprising in the opinion was reliance on 19th-century cases legal scholars had thought long repudiated:
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and wanted to uphold the New York statute. Hughes and the Three Musketeers formed the four members of the minority.
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235:. Congress quickly ratified Roosevelt's action with the Emergency Banking Act. A month later, the President issued
131:, on March 29, 1937, the court handed down three decisions upholding New Deal legislation, two of them unanimous:
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for employment taxes for old-age people labeled as "Old-Age, Survivors, and Disability Insurance (OASDI) program"
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535:
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1972:
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was an important attempt among New Deal supporters to overturn a prior Supreme Court decision prohibiting wage
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his court from the early days affirmed that the power to promote the general welfare is inherent in government.
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990:. Each of these men served on the Supreme Court for over 20 years; they formed a new majority upholding
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877:" narrative of conventional history. In the case, the court divided along the same lines it had in the
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List of federal judges appointed by Franklin D. Roosevelt § United States Supreme Court justices
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693:(also known as the Sumners-Wilcox Bill) was unconstitutional in a 5–4 decision. The law amended the
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Starting 1937, a slew of Supreme Court cases affirmed the constitutionally of the New Deal laws:
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laundry owner John Tipaldo, who not only had failed to pay his female employees the required
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at the start of 1934. At issue in each case were state laws relating to economic regulation.
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precedent as the case brief specifically asked the court to reconsider its prior decision.
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476:. After the decisions came down, Roosevelt remarked at a May 31 press conference that the
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The New Deal often encountered heavy criticism, and had many constitutional challenges.
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With several cases laying forth the criteria necessary to respect the due process and
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Franklin Roosevelt and the Great Constitutional War: The Court-packing Crisis of 1937
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Franklin Roosevelt and the Great Constitutional War: The Court-packing Crisis of 1937
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2176:(1). Bloomington, IN: Association for Public Policy Analysis and Management: 53–71.
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case, Hughes's opinion was remarkable: in a judicial tongue-lashing not seen since
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invalidated the AAA as a violation of the powers reserved to the states under the
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Black, Forrest Revere (1937). "Has Congress Circumvented the Ashton Decision?".
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Roosevelt broke his year-long silence on Supreme Court issues to comment on the
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The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt
524:, holding Congress possessed a power to tax and spend for the general welfare.
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How the court split its vote in this case is supportive of challenges to the "
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1980:
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opinion of the court, read by Justice Louis Brandeis, struck down the act on
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case received the most attention, and later became an integral part of the "
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69:, finding that temporal relief did not, in fact, impair the obligation of a
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Rethinking the New Deal Court: The Structure of a Constitutional Revolution
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Levinson, Sanford V. (1973). "The Democratic Faith of Felix Frankfurter".
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The Power "to Coin" Money: The Exercise of Monetary Powers by the Congress
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was not published until March 29, 1937, after Roosevelt's radio address.
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The final blow for the President on Black Monday fell with the reading of
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1996:
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and the Four Horsemen formed the five majority who were guided by the
2479:. Vol. 2 (2nd ed.). New York, NY: Oxford University Press.
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particularly stunned the administration. Only nine years earlier, in
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to manipulate the market to give the impression of turmoil, although
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Economic regulation again appeared before the Supreme Court in the
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A March of Liberty: A Constitutional History of the United States
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had held the President's power to remove executive officials was
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case upheld the minimum wage law for women in Washington state.
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opinion, striking down the coal act in its entirety, citing the
516:. The court also used the occasion to settle a dispute over the
354:. After taking office, President Roosevelt came to believe that
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which had been redrafted to meet the Court's objections in the
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Three New Deal justices that favored Roosevelts policies were
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195:, announced January 7, 1935. Contested in this case was the
2263:. New York, NY: Fordham University Press. pp. 422–23.
1048:" has been called the “Constitutional Revolution” of 1937.
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Justices Van Devanter, McReynolds, Sutherland, and Butler (
2166:"The Minimum Wage and the Poor: The End of a Relationship"
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case, only this time around Roberts voted to overrule the
906:, which had been the basis for striking down a New York
770:" narrative. Justices Brandeis, Stone, and Cardozo (the
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590:
Ashton v. Cameron County Water Improvement Dist. No. 1
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Ashton v. Cameron County Water Improvement Dist. No. 1
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for allowing Congress to regulate interstate commerce
838:
struck down the law that set minimum wage for women.
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The first major test of New Deal legislation came in
2164:
Burkhauser, Richard V.; Finegan, T. Aldrich (1989).
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2008:
2006:
1885:. Oyez. Chicago-Kent College of Law at Illinois Tech
1313:. National Archives and Records Administration. 1933
813:" legs upon which to stand, Roberts deferred to the
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opinion. The case resulted from the indictment of a
917:Roberts, however, indicated his desire to overturn
227:. In his first week after taking office, Roosevelt
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2407:
1180:"Pol Sci 3103 Constitutional Politics in the U.S."
809:precedent and failed to challenge it. Having no "
552:. The act, closely following the criteria of the
37:Home Building & Loan Association v. Blaisdell
2340:"Inside the "Constitutional Revolution" of 1937"
789:) found no distinctions and voted to uphold the
847:
424:A.L.A. Schechter Poultry Corp. v. United States
417:A.L.A. Schechter Poultry Corp. v. United States
286:Railroad Retirement Board v. Alton Railroad Co.
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18:Railroad Retirement Board v. Alton Railroad Co.
2307:Roberts, Justice Owen J. (November 9, 1945).
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689:On May 25, 1936, the Supreme Court ruled the
436:as expounded by Oliver Wendell Holmes Jr. in
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2471:Urofsky, Melvin I.; Finkelman, Paul (2002).
1381:: CS1 maint: multiple names: authors list (
626:introducing citations to additional sources
90:was also encouraging for the administration:
2456:. Cambridge, MA: Harvard University Press.
1396:Norman v. Baltimore & Ohio Railroad Co.
637:"Constitutional challenges to the New Deal"
389:Louisville Joint Stock Land Bank v. Radford
382:Louisville Joint Stock Land Bank v. Radford
375:Louisville Joint Stock Land Bank v. Radford
2391:. New York, NY: Fordham University Press.
2514:Constitutional challenges to the New Deal
2437:. New York, NY: Oxford University Press.
2414:. New York, NY: Oxford University Press.
2170:Journal of Policy Analysis and Management
331:
309:Supreme Court of the District of Columbia
2350:. University of Chicago Press: 367–409.
1455:. Armonk, NY: M.E. Sharpe. p. 209.
1342:
1340:
1009:NLRB v. Jones & Laughlin Steel Corp.
616:Relevant discussion may be found on the
550:Bituminous Coal Conservation Act of 1935
410:Schechter Poultry Corp. v. United States
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1367:E., JASINSKI, LAURIE (June 12, 2010).
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1037:United States v. Carolene Products Co.
994:of the New Deal and similar policies.
801:anyway. However, Roberts believed the
50:concerned the temporary suspension of
2286:"Government Lawyers and the New Deal"
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313:District of Columbia Court of Appeals
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2122:Morehead v. New York ex rel. Tipaldo
912:Morehead v. New York ex rel. Tipaldo
717:Morehead v. New York ex rel. Tipaldo
711:Morehead v. New York ex rel. Tipaldo
362:appointed to a six-year term on the
351:Humphrey's Executor v. United States
340:Humphrey's Executor v. United States
333:Humphrey's Executor v. United States
1835:"New Deal Timeline (text version)"
1311:"National Industrial Recovery Act"
1046:The switch in time that saved nine
928:President Roosevelt announced his
501:received its trial in the case of
233:Trading with the Enemy Act of 1917
25:
2454:The Constitution and the New Deal
2406:Leuchtenburg, William E. (1995).
1449:Wilson, Thomas Frederick (1992).
576:United States v. E. C. Knight Co.
394:Frazier-Lemke Farm Bankruptcy Act
1964:American Bar Association Journal
609:relies largely or entirely on a
598:
542:National Recovery Administration
197:National Industrial Recovery Act
2504:1930s in United States case law
2288:. William & Mary Law School
1883:"Carter v. Carter Coal Company"
930:Judicial Procedures Reform Bill
863:West Coast Hotel Co. v. Parrish
134:West Coast Hotel Co. v. Parrish
1369:"CONNALLY HOT OIL ACT OF 1935"
167:National Labor Relations Board
146:Virginia Railway v. Federation
1:
904:Adkins v. Children's Hospital
805:had not taken issue with the
793:petition. The outcome of the
726:Adkins v. Children's Hospital
691:1934 Municipal Bankruptcy Act
560:Carter v. Carter Coal Company
540:Following the undoing of the
1017:Steward Machine Co. v. Davis
914:in the late spring of 1936.
368:Federal Trade Commission Act
344:The first of three cases on
201:Connally Hot Oil Act of 1935
2387:McKenna, Marian C. (2002).
2259:McKenna, Marian C. (2002).
2093:McKenna, at 209–13, 408–12.
1349:Panama Refining Co. v. Ryan
856:West Coast Hotel v. Parrish
499:Agricultural Adjustment Act
192:Panama Refining Co. v. Ryan
185:Panama Refining Co. v. Ryan
178:Panama Refining Co. v. Ryan
118:Agricultural Adjustment Act
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302:. Its similarity with the
210:
182:
2452:White, G. Edward (2000).
937:. The Court's opinion in
787:Four Horsemen of Reaction
753:New York Court of Appeals
536:Carter v. Carter Coal Co.
529:Carter v. Carter Coal Co.
509:Taxing and Spending power
294:Railroad Retirement Board
229:closed the nation's banks
2344:The Supreme Court Review
1973:American Bar Association
964:New Justices after 1937
923:Washington Supreme Court
364:Federal Trade Commission
127:On what became known as
2429:Cushman, Barry (1998).
2338:Cushman, Barry (2017).
1765:Leuchtenburg, at 78–81.
1603:Leuchtenburg, at 61–62.
1554:Leuchtenburg, at 27–39.
504:United States v. Butler
493:United States v. Butler
486:United States v. Butler
481:cause with the public.
281:to sue the government.
173:contested in the case.
140:Wright v. Vinton Branch
1511:Perry v. United States
1426:Perry v. United States
1411:Nortz v. United States
852:
695:Federal Bankruptcy Act
518:General Welfare Clause
461:Myers v. United States
439:Swift v. United States
96:
2284:Devins, Neal (1996).
2154:Leuchtenburg, at 106.
1024:for unemployed people
213:Emergency Banking Act
203:was passed into law.
2309:"Roberts Memorandum"
2127:298 U.S. 587
1612:Leuchtenburg, at 69.
1594:Leuchtenburg, at 60.
1517:294 U.S. 330
1355:293 U.S. 388
1131:291 U.S. 502
1113:Leuchtenburg, at 26.
1066:Leuchtenburg, at 84.
867:The decision in the
759:, law overturned in
703:Morehead v. New York
622:improve this article
444:Shreveport Rate Case
237:Executive Order 6102
2214:McKenna, at 412-13.
2145:Cushman, at 92–104.
2056:Stanford Law Review
1872:McKenna, at 202–03.
1863:McKenna, at 197–98.
1854:Urofsky, at 683–84.
1805:McKenna, at 114–15.
1753:McKenna, at 104–05.
1659:McKenna, at 100–01.
1628:Urofsky, at 678–81.
1334:Urofsky, at 676–78.
1281:McKenna, at 420–22.
1210:Urofsky, at 681–83.
1166:McKenna, at 96–103.
1012:for workers' unions
998:Willis Van Devanter
992:economic regulation
811:case or controversy
386:Next announced was
304:Social Security Act
169:was modeled on the
62:in order to combat
2196:on January 5, 2013
1563:McKenna, at 66–73.
1480:McKenna, at 56–66.
1125:Nebbia v. New York
1029:Helvering v. Davis
1022:unemployment taxes
984:William O. Douglas
317:Due Process Clause
270:Marbury v. Madison
254:Treasury Secretary
245:sovereign immunity
153:case upheld a new
43:Nebbia v. New York
2486:978-0-19-512637-2
2463:978-0-674-00831-1
2444:978-0-19-511532-1
2421:978-0-19-511131-6
2398:978-0-8232-2154-7
2270:978-0-8232-2154-7
1841:on April 4, 2003.
1694:White, at 111–14.
1462:978-0-87332-795-4
1145:White, at 203–04.
1133:, 524 (1934).
988:Felix Frankfurter
951:Felix Frankfurter
731:Felix Frankfurter
687:
686:
672:
522:George Washington
224:Gold Clause Cases
217:Gold Clause Cases
207:Gold Clause Cases
171:Railway Labor Act
161:case; similarly,
155:Frazier-Lemke Act
16:(Redirected from
2521:
2490:
2478:
2467:
2448:
2436:
2425:
2413:
2402:
2375:
2374:
2372:
2370:
2335:
2329:
2328:
2326:
2324:
2319:on April 4, 2012
2315:. Archived from
2313:New Deal Network
2304:
2298:
2297:
2295:
2293:
2281:
2275:
2274:
2256:
2250:
2249:McKenna, at 419.
2247:
2241:
2240:McKenna, at 414.
2238:
2227:
2226:McKenna, at 413.
2224:
2215:
2212:
2206:
2205:
2203:
2201:
2192:. Archived from
2161:
2155:
2152:
2146:
2143:
2134:
2124:
2118:
2112:
2111:Urofsky, at 694.
2109:
2103:
2100:
2094:
2091:
2080:
2079:
2051:
2045:
2032:
2023:
2010:
2001:
2000:
1975:: 683–684, 692.
1958:
1952:
1939:
1933:
1920:
1914:
1901:
1895:
1894:
1892:
1890:
1879:
1873:
1870:
1864:
1861:
1855:
1852:
1843:
1842:
1837:. Archived from
1831:
1825:
1812:
1806:
1803:
1794:
1793:McKenna, at 113.
1791:
1785:
1772:
1766:
1763:
1754:
1751:
1745:
1732:
1726:
1725:Urofsky, at 679.
1723:
1714:
1701:
1695:
1692:
1679:
1666:
1660:
1657:
1648:
1635:
1629:
1626:
1613:
1610:
1604:
1601:
1595:
1592:
1583:
1570:
1564:
1561:
1555:
1552:
1539:
1526:
1520:
1514:
1506:
1500:
1487:
1481:
1478:
1467:
1466:
1446:
1440:
1393:
1387:
1386:
1380:
1372:
1364:
1358:
1352:
1344:
1335:
1332:
1323:
1322:
1320:
1318:
1307:
1301:
1288:
1282:
1279:
1268:
1255:
1249:
1236:
1230:
1217:
1211:
1208:
1195:
1194:
1192:
1191:
1186:on July 20, 2011
1176:
1167:
1164:
1155:
1154:Cushman, at 5–7.
1152:
1146:
1143:
1134:
1128:
1120:
1114:
1111:
1105:
1092:
1086:
1073:
1067:
1064:
908:minimum wage law
900:election of 1936
898:case before the
827:doctrine of the
772:Three Musketeers
757:Washington, D.C.
682:
679:
673:
671:
630:
602:
594:
450:Roosevelt reacts
356:William Humphrey
257:Henry Morgenthau
163:Virginia Railway
81:could implement
21:
2529:
2528:
2524:
2523:
2522:
2520:
2519:
2518:
2494:
2493:
2487:
2470:
2464:
2451:
2445:
2428:
2422:
2405:
2399:
2386:
2383:
2378:
2368:
2366:
2337:
2336:
2332:
2322:
2320:
2306:
2305:
2301:
2291:
2289:
2283:
2282:
2278:
2271:
2258:
2257:
2253:
2248:
2244:
2239:
2230:
2225:
2218:
2213:
2209:
2199:
2197:
2182:10.2307/3324424
2163:
2162:
2158:
2153:
2149:
2144:
2137:
2120:
2119:
2115:
2110:
2106:
2102:White, 220-222.
2101:
2097:
2092:
2083:
2068:10.2307/1227769
2062:(3): 430–448 .
2053:
2052:
2048:
2033:
2026:
2011:
2004:
1960:
1959:
1955:
1940:
1936:
1921:
1917:
1902:
1898:
1888:
1886:
1881:
1880:
1876:
1871:
1867:
1862:
1858:
1853:
1846:
1833:
1832:
1828:
1813:
1809:
1804:
1797:
1792:
1788:
1773:
1769:
1764:
1757:
1752:
1748:
1733:
1729:
1724:
1717:
1702:
1698:
1693:
1682:
1667:
1663:
1658:
1651:
1636:
1632:
1627:
1616:
1611:
1607:
1602:
1598:
1593:
1586:
1571:
1567:
1562:
1558:
1553:
1542:
1527:
1523:
1508:
1507:
1503:
1488:
1484:
1479:
1470:
1463:
1448:
1447:
1443:
1394:
1390:
1373:
1366:
1365:
1361:
1346:
1345:
1338:
1333:
1326:
1316:
1314:
1309:
1308:
1304:
1289:
1285:
1280:
1271:
1256:
1252:
1237:
1233:
1218:
1214:
1209:
1198:
1189:
1187:
1178:
1177:
1170:
1165:
1158:
1153:
1149:
1144:
1137:
1122:
1121:
1117:
1112:
1108:
1093:
1089:
1074:
1070:
1065:
1058:
1054:
976:
970:
865:
859:
774:) each thought
713:
707:
705:ex rel. Tipaldo
683:
677:
674:
631:
629:
615:
603:
592:
586:
570:Kidd v. Pearson
538:
532:
514:Tenth Amendment
495:
489:
452:
434:Commerce Clause
419:
413:
399:Fifth Amendment
384:
378:
342:
336:
329:
321:Fifth Amendment
289:
275:cause of action
219:
211:Main articles:
209:
187:
181:
114:property rights
30:
23:
22:
15:
12:
11:
5:
2527:
2525:
2517:
2516:
2511:
2506:
2496:
2495:
2492:
2491:
2485:
2468:
2462:
2449:
2443:
2426:
2420:
2403:
2397:
2382:
2379:
2377:
2376:
2356:10.1086/690690
2330:
2299:
2276:
2269:
2251:
2242:
2228:
2216:
2207:
2156:
2147:
2135:
2113:
2104:
2095:
2081:
2046:
2024:
2002:
1953:
1934:
1915:
1896:
1874:
1865:
1856:
1844:
1826:
1807:
1795:
1786:
1767:
1755:
1746:
1727:
1715:
1696:
1680:
1661:
1649:
1630:
1614:
1605:
1596:
1584:
1565:
1556:
1540:
1521:
1501:
1482:
1468:
1461:
1441:
1388:
1359:
1336:
1324:
1302:
1283:
1269:
1250:
1231:
1212:
1196:
1182:Archived from
1168:
1156:
1147:
1135:
1115:
1106:
1087:
1068:
1055:
1053:
1050:
1042:
1041:
1033:
1025:
1013:
969:
962:
956:In short, the
875:switch in time
861:Main article:
858:
853:
768:switch in time
743:minimum salary
721:price controls
709:Main article:
706:
700:
685:
684:
620:. Please help
607:This section
606:
604:
597:
588:Main article:
585:
580:
534:Main article:
531:
526:
491:Main article:
488:
483:
456:Humphrey's Ex.
451:
448:
415:Main article:
412:
407:
402:Takings Clause
380:Main article:
377:
372:
338:Main article:
335:
330:
328:
325:
298:Alton Railroad
288:
283:
277:, and thus no
208:
205:
183:Main article:
180:
175:
83:price controls
24:
14:
13:
10:
9:
6:
4:
3:
2:
2526:
2515:
2512:
2510:
2507:
2505:
2502:
2501:
2499:
2488:
2482:
2477:
2476:
2469:
2465:
2459:
2455:
2450:
2446:
2440:
2435:
2434:
2427:
2423:
2417:
2412:
2411:
2404:
2400:
2394:
2390:
2385:
2384:
2380:
2365:
2361:
2357:
2353:
2349:
2345:
2341:
2334:
2331:
2318:
2314:
2310:
2303:
2300:
2287:
2280:
2277:
2272:
2266:
2262:
2255:
2252:
2246:
2243:
2237:
2235:
2233:
2229:
2223:
2221:
2217:
2211:
2208:
2195:
2191:
2187:
2183:
2179:
2175:
2171:
2167:
2160:
2157:
2151:
2148:
2142:
2140:
2136:
2132:
2128:
2123:
2117:
2114:
2108:
2105:
2099:
2096:
2090:
2088:
2086:
2082:
2077:
2073:
2069:
2065:
2061:
2057:
2050:
2047:
2043:
2040:
2036:
2031:
2029:
2025:
2021:
2018:
2014:
2009:
2007:
2003:
1998:
1994:
1990:
1986:
1982:
1978:
1974:
1970:
1966:
1965:
1957:
1954:
1950:
1947:
1943:
1938:
1935:
1931:
1928:
1924:
1919:
1916:
1912:
1909:
1905:
1900:
1897:
1884:
1878:
1875:
1869:
1866:
1860:
1857:
1851:
1849:
1845:
1840:
1836:
1830:
1827:
1823:
1820:
1816:
1811:
1808:
1802:
1800:
1796:
1790:
1787:
1783:
1780:
1776:
1771:
1768:
1762:
1760:
1756:
1750:
1747:
1743:
1740:
1736:
1731:
1728:
1722:
1720:
1716:
1712:
1709:
1705:
1700:
1697:
1691:
1689:
1687:
1685:
1681:
1677:
1674:
1670:
1665:
1662:
1656:
1654:
1650:
1646:
1643:
1639:
1634:
1631:
1625:
1623:
1621:
1619:
1615:
1609:
1606:
1600:
1597:
1591:
1589:
1585:
1581:
1578:
1574:
1569:
1566:
1560:
1557:
1551:
1549:
1547:
1545:
1541:
1537:
1534:
1530:
1525:
1522:
1518:
1513:
1512:
1505:
1502:
1498:
1495:
1491:
1486:
1483:
1477:
1475:
1473:
1469:
1464:
1458:
1454:
1453:
1445:
1442:
1438:
1435:
1431:
1427:
1424: (1935);
1423:
1420:
1416:
1412:
1409: (1935);
1408:
1405:
1401:
1397:
1392:
1389:
1384:
1378:
1370:
1363:
1360:
1356:
1351:
1350:
1343:
1341:
1337:
1331:
1329:
1325:
1312:
1306:
1303:
1299:
1296:
1292:
1287:
1284:
1278:
1276:
1274:
1270:
1266:
1263:
1259:
1254:
1251:
1247:
1244:
1240:
1235:
1232:
1228:
1225:
1221:
1216:
1213:
1207:
1205:
1203:
1201:
1197:
1185:
1181:
1175:
1173:
1169:
1163:
1161:
1157:
1151:
1148:
1142:
1140:
1136:
1132:
1127:
1126:
1119:
1116:
1110:
1107:
1103:
1100:
1096:
1091:
1088:
1084:
1081:
1077:
1072:
1069:
1063:
1061:
1057:
1051:
1049:
1047:
1039:
1038:
1034:
1031:
1030:
1026:
1023:
1019:
1018:
1014:
1011:
1010:
1006:
1005:
1004:
1001:
999:
995:
993:
989:
985:
981:
975:
967:
963:
961:
959:
954:
952:
946:
942:
940:
936:
935:Fireside Chat
931:
926:
924:
920:
915:
913:
909:
905:
901:
897:
893:
892:
886:
884:
880:
876:
872:
871:
864:
857:
854:
851:
846:
844:
839:
837:
832:
830:
826:
825:
824:laissez-faire
820:
816:
812:
808:
804:
800:
796:
792:
791:habeas corpus
788:
783:
781:
777:
773:
769:
764:
762:
758:
754:
750:
749:
748:habeas corpus
744:
740:
736:
732:
728:
727:
722:
718:
712:
704:
701:
699:
696:
692:
681:
670:
667:
663:
660:
656:
653:
649:
646:
642:
639: –
638:
634:
633:Find sources:
627:
623:
619:
613:
612:
611:single source
605:
601:
596:
595:
591:
584:
581:
579:
578:
577:
572:
571:
566:
562:
561:
555:
551:
547:
543:
537:
530:
527:
525:
523:
519:
515:
510:
506:
505:
500:
494:
487:
484:
482:
479:
475:
471:
467:
463:
462:
457:
449:
447:
445:
441:
440:
435:
430:
426:
425:
418:
411:
408:
406:
403:
400:
395:
391:
390:
383:
376:
373:
371:
369:
365:
361:
357:
353:
352:
348:read out was
347:
341:
334:
326:
324:
322:
318:
314:
310:
305:
301:
299:
295:
287:
284:
282:
280:
276:
272:
271:
266:
260:
258:
255:
251:
246:
240:
238:
234:
230:
226:
225:
218:
214:
206:
204:
202:
198:
194:
193:
186:
179:
176:
174:
172:
168:
164:
160:
156:
152:
148:
147:
142:
141:
136:
135:
130:
125:
123:
119:
115:
110:
108:
103:
100:
95:
91:
89:
84:
80:
76:
72:
68:
65:
61:
57:
53:
49:
45:
44:
39:
38:
31:
28:
19:
2474:
2453:
2432:
2409:
2388:
2381:Bibliography
2367:. Retrieved
2347:
2343:
2333:
2321:. Retrieved
2317:the original
2302:
2290:. Retrieved
2279:
2260:
2254:
2245:
2210:
2198:. Retrieved
2194:the original
2173:
2169:
2159:
2150:
2130:
2121:
2116:
2107:
2098:
2059:
2055:
2049:
1968:
1962:
1956:
1937:
1918:
1899:
1887:. Retrieved
1877:
1868:
1859:
1839:the original
1829:
1810:
1789:
1770:
1749:
1730:
1699:
1664:
1633:
1608:
1599:
1568:
1559:
1524:
1509:
1504:
1485:
1451:
1444:
1439: (1935).
1425:
1410:
1395:
1391:
1362:
1347:
1317:December 28,
1315:. Retrieved
1305:
1286:
1253:
1234:
1215:
1188:. Retrieved
1184:the original
1150:
1123:
1118:
1109:
1090:
1071:
1043:
1035:
1027:
1015:
1007:
1002:
996:
977:
965:
957:
955:
947:
943:
938:
927:
918:
916:
911:
903:
895:
894:to hear the
890:
887:
882:
878:
868:
866:
855:
848:
842:
840:
835:
833:
822:
814:
806:
798:
794:
790:
784:
779:
775:
765:
760:
751:relief. The
746:
734:
724:
716:
714:
702:
688:
675:
665:
658:
651:
644:
632:
608:
582:
574:
568:
564:
558:
553:
545:
539:
528:
502:
496:
485:
477:
474:Constitution
459:
455:
453:
437:
428:
422:
420:
409:
387:
385:
374:
349:
346:Black Monday
343:
332:
327:Black Monday
292:
290:
285:
268:
264:
261:
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2022: (1936)
1951: (1895)
1932: (1888)
1913: (1936)
1824: (1936)
1784: (1926)
1744: (1914)
1713: (1905)
1678: (1935)
1647: (1935)
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1538: (1935)
1499: (1803)
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829:Lochner era
817:precedent.
392:. The 1934
2498:Categories
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1889:August 23,
1190:2011-02-05
1052:References
980:Hugo Black
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678:April 2022
648:newspapers
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2509:New Deal
1997:25713385
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