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NEW DEAL LAWS UNCONSTITUTIONAL

Page history last edited by Mr. Hengsterman 11 years ago

 

 

 

 

 

 

 

Background: Schecther Poultry Company bought, slaughtered, and sold chickens only in NYS and was charged with failing to observe minimum wage and hour provisions.

Issue: Does the NIRA (and the President) have the power to regulate certain aspects of commerce during the Depression?

Opinion: Congress, not the President has the power to regulate commerce

 

PBS: The Summary Court and the Schecther Case

 

 


 

 

 

Background:  The 1933 AAA implemented a tax on the processing of agricultural commodities.


Issue:  Does the U.S. Congress exceed its power to tax and spend in order to provide  for the general welfare of the US?

 

Opinion:  The problem, at least according to the Supreme Court, was that the subsidies were exclusively funded by taxes levied against agricultural processors (i.e. the ones purchasing the crops from the farmers). The AAA is unconstitutional because it attempted to regulate and control agricultural production, an area reserved to the states

 

 

 

 

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