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Old October 14, 2008, 10:22 AM   #23
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,319
Mike, while I might agree with some of what you reported, the fact remains that the "Drama" did exactly what it was supposed to do. The Court backed off and explicitly approved the New Deal packages.
Quote:
Originally Posted by Mike Irwin
Ultimately, the court packing plan did a LOT of damage to Roosevelt. Opposition to new New Deal programs increased markedly, and virtually no New Deal legislation (certainly none of any importance) passed after 1936.
Not exactly as this time line shows:
  • 1935 Jan 7: Panama Refining Co. v. Ryan, 293 U.S. 388 (1935) Held, 8-1: National Industrial Recovery Act Sect. 9(c) unconstitutional
  • 1935 May 6: Railroad Retirement Bd. v. Alton R. Co., 295 U.S. 330 (1935) Held, 5-4: Railroad Retirement Act unconstitutional
  • 1935 May 27: Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935) Held, 9-0: National Industrial Recovery Act unconstitutional
  • 1935 May 27: Humphrey's Executor v. U.S., 295 U.S. 602 (1935) Held, 9-0: President may not remove FTC commissioner without cause.
  • 1936 Jan 6: United States v. Butler, 297 U.S. 1 (1936) Held, 9-0: Agricultural Adjustment Act unconstitutional
  • 1936 May 18: Carter v. Carter Coal Company, 298 U.S. 238 (1936) Held, 6-3: Bituminous Coal Conservation Act of 1935 unconstitutional
  • 1936 Nov 3: Roosevelt electoral landslide
  • 1936 Unk: Justice Owen Roberts switches sides creating a liberal majority which upheld all New Deal packages
  • 1936 Dec 16: West Coast Hotel Co. v. Parrish argued
  • 1937 Feb 5: Conference vote on West Coast Hotel
  • 1937 Feb 5: Judiciary Reorganization Bill of 1937 ("JRB37") announced.
  • 1937 Feb 10: NLRB v. Jones & Laughlin Steel Corp. argued
  • 1937 Mar 9: "fireside chat" regarding national reaction to JRB37
  • 1937 Mar 29: West Coast Hotel Co. v. Parrish, 300 U.S. 379 (1937) Held, 5-4: State of WA minimum wage law constitutional
  • 1937 Mar 29: SONZINSKY V. UNITED STATES , 300 U.S. 506 (1937) Held, 9-0: National Firearms Act a constitutional tax
  • 1937 Apr 12: NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1 (1937) Held, 5-4: NLRA constitutional
  • 1937 May 24: Steward Machine Company v. Davis, 301 U.S. 548 (1937) Held, 5-4: Social Security tax constitutional
  • 1937 Jul 22: JRB37 referred back to committee by a vote of 70-20 to strip "court packing" provisions.
  • 1938 Feb 16: [Second] Agricultural Adjustment Act of 1938
  • 1939 May 15: U.S. v. Miller, 307 U.S. 174 (1939) Held, 8-0: National Firearms Act constitutional and not a usurpation of State police powers, No second amendment violation.
  • 1941 May 26: Agricultural Adjustment Act of 1938, amended
  • 1942 Nov 9: Wickard v. Filburn, 317 U.S. 111 (1942) Held, 9-0: Agricultural Adjustment Act upheld
The obvious point I was trying to make, was that during this era, our country took a decided turn away from what and how the government operates (via the constitutional powers). The Checks and Balances failed. Miserably.
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