The Judiciary & the Welfare State 1900-1942 Economic Regulation.

Slides:

Advertisements

Similar presentations

Major Principles of the Constitution

Advertisements

The Supreme Court in the Progressive Era

Marbury v. Madison (1803): Outline of Marshall’s Argument Marbury has a right to the commission because all the legally discretionary steps in his appointment.

The Judiciary & the Welfare State Economic Regulation.

The Burger Court Membership, 1969 & 1986 Burger (1969) R-MN Black (1937) D-AL Douglas (1939) D-WA Harlan (1955) R-NY Brennan (1956) D-NJ.

Supreme Court Jeopardy Ms. Clarke StudentsTeachers Game BoardGeneral Warren Court Minorities Civil Liberties Grab Bag Let’s Play.

I. Proliferation of Government Regulation. II. State Regulation A. State power 1. To regulate intrastate commerce 2. limited by the federal gov'ts power.

By: Shayan Rahman, B8 AP GOV EXAM REVIEW. Implied Powers Powers that are not expressed in the Constitution but reasonably suggested (by the expressed.

Federalism and the Courts Jonathan Lagerquist The Supreme Court building in Washington D.C. The building was completed in

THE LEGAL ENVIRONMENT OF BUSINESS © 2006 Prentice Hall Ch. 5-1 A Critical Thinking Approach Fourth Edition Nancy K. Kubasek Bartley A. Brennan M. Neil.

Constitutional Law for Business and Online Commerce.

Timeline to s- Era of President Ronald Reagan, America recovers from Vietnam and the country began to boom again. 1990s- America enters the Gulf.

The Judiciary & the Welfare State Economic Regulation.

The Constitution.  Independence Hall (Philadelphia, 1787)  55 Delegates ◦ Goal: To Improve our National Government  Benjamin Franklin, James Madison,

3.3 Amending and Interpreting the Constitution Mrs. Shadoin Mrs. Shadoin Civics and Economics.

Business Law and the Regulation of Business Chapter 4: Constitutional Law By Richard A. Mann & Barry S. Roberts.

Copyright © 2006 by Pearson Prentice-Hall. All rights reserved Slides developed by Les Wiletzky PowerPoint Slides to Accompany ESSENTIALS OF BUSINESS AND.

COMPARATIVE CONSTITUTIONAL LAW CLASS 3 AUGUST

CONSTITUTIONAL LAW CLASS 7 January 23, 2007 The Commerce Clause I History of Interpretation Up to 1995.

What is the basic structure of the United States government? What is the basic structure of the United States government? What constitutional clause gives.

TOPIC 1 PRINCIPLES AND FOUNDATION OF GOVERNMENT. THE FUNCTIONS OF GOVERNMENT Government is an institution in which leaders use power to make and enforce.

What is the structure of the U. S. Constitution?

CHAPTER 5: CONSTITUTIONAL GROUNDS FOR REGULATING BUSINESS.

CONSTITUTIONAL LAW CLASS 29 Economic Substantive Due Process Part II March 19, 2008.

1 Class Name Instructor Name Date, Semester Constitutional Law: Governmental Powers and Individual Freedoms Second edition Daniel E. Hall and John P. Feldmeier.

Jeopardy The Game of Knowledge

CONSTITUTION – 10 FACTS YOU SHOULD KNOW Mr. Doolittle November Describe the principles of federalism, dual sovereignty, separation of powers,

Federalism & the Separation of Powers Copyright © by W.W. Norton and Company 2003.

Civics-1.2 Seven Major Principles. Popular Sovereignty The Declaration of Independence says that governments get their powers from the people. "We the.

7 Principles of the Constitution. Popular Sovereignty The natural rights concept that ultimate political authority rests with the people (we vote)

CONSTITUTIONAL LAW SPRING 2008 PROF. FISCHER CLASS 10 January 30, 2008 The Commerce Clause II Interpretation: 1937-present.

Constitutional Concerns: Functions Enumerated Powers -- Specific Grants of Authority to Federal Government Limits on Government Action -- Bill of Rights.

Aim #17: What are the KEY Constitutional principles?

The Paralegal Professional ESSENTIALS, 2/e By Cheeseman and Goldman PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ Chapter 5:

The Articles of Confederation failed because… The Central Government was too weak.

Can you name all the states of America?  You have 5 minutes to name as many American states as you can!

Constitutional Law I Spring 2004Con Law I Federal Power III “Dual Federalism” Feb. 17, 2004.

Democracy and Constitutions Texas Constitutions p

12:3 Roosevelt’s Second Term – Huge political shift African-Americans begin supporting Democrats – First woman appointed to a cabinet post Frances Perkins.

Federalism November 1, U.S. v. Lopez (1995)

A NEW Framework for Government The Constitution. STRUGGLE FOR RATIFICATION Anti-Federalists Did not want the Constitution to replace the Articles of Confederation.

Ch 3 section 3. Informal Amendments Passage of basic legislation by Congress Actions taken by President Supreme Court decisions Political Party Actions.

© 2015 The McGraw-Hill Companies, Inc. All rights reserved. Chapter 3.

The Constitution

The Constitution contains 3 parts: the Preamble, the Articles, and the Amendments The Constitution contains 3 parts: the Preamble, the Articles, and.

FDR, Saving Capitalism and Packing the Court The Supreme Court and the challenge to FDR’s New Deal Schechter Poultry Corp v United States (1935); West.

Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. and the Legal Environment, 10 th edition by Richard.

Commerce Power Champion v. Ames (1903) Shreveport Rate Case (1914) Hammer v. Dagenhart (1918) Stafford v. Wallace (1922) NLRB v. Jones & Laughlin Steel.

Constitutional Law Jody Blanke Professor of Computer Information Systems and Law.

Chapter 14 The Development of the Judiciary. Judicial Review Right of federal courts to declare laws of Congress and acts of the executive branch unconstitutional.

3.3 Amending and Interpreting the Constitution Ms. Civics and Economics Ms. Civics and Economics.

Chapter 2 Constitutional Law for Business and E-Commerce

The Texas Government.

The Principles of the Constitution

Chapter 8 Review Mr. Klein.

A SHORT GUIDE TO THE AMERICAN POLITICAL SYSTEM

7 Principles and 3 Branches of Govt.

THE CONSTITUTION AND GOVERNMENT

COMMERCE CLAUSE Test Review

Federalism, the Commerce Clause and the 10th Amendment

Jody Blanke Professor of Computer Information Systems and Law

Lecture 46 Economic Substantive Due Process

Three Branches of Government

Lecture 42 Economic Substantive Due Process

The Texas Government.

Lecture 28 The Commerce Power

The United States Constitution

Lecture 24 The Commerce Power

Lecture 27 The Commerce Power

The Constitution.

Presentation transcript:

The Judiciary & the Welfare State Economic Regulation

THE SUPREME COURT'S RESPONSE TO ECONOMIC REGULATIONBEFORE AND AFTER THE SWITCH IN TIME THAT SAVED NINE [Cases won by the government, i.e., where regulation was sustained, are printed in bold blue type.] NATIONAL REGULATIONSTATE REGULATION pre-switch U.S. v. E.C. Knight (1895) Champion v. Ames (1903) McCray v. U.S. (1904) Shreveport Rate Case (1914) Hammer v. Dagenhart (1918) Stafford v. Wallace (1922) Bailey v. Drexel Furniture (1922) Carter v. Carter Coal (1936) U.S. v. Butler (1936) Slaughterhouse Cases (1873) Munn v. Illinois (1877) Allgeyer v. Louisiana (1897) Jacobson v. Massachusetts (1905) Lochner v. New York (1905) Muller v. Oregon (1908) Burns Baking Company v. Bryan (1924) Home Building & Loan v. Blaisdell (1934) post-switch Steward Machine Co. v. Davis (1937) N.L.R.B. v. Jones & Laughlin (1937) U.S. v. Darby (1941) Wickard v. Filburn (1942) West Coast Hotel v. Parrish (1937) Edwards v. California (1941) [state lost, but strong view of national commerce power prevailed]

Dual Federalism The Constitution is a compact among sovereign states, which having ceded a portion of their sovereignty to the national government, have retained the rest. To the powers of the national government and of the states are mutually exclusive, conflicting, and antagonistic. What belongs to the nation is forbidden to the states and vice versa. The layer cake metaphor for federalism. Narrow interpretation enumerated powers including Necessary and Proper. Broad interpretation of the Tenth Amendment (Taney Court), Modest revival in 1970s and 1990s.

MEMBERSHIP OF THE U.S. SUPREME COURT Conservative*SwingLiberal Van DeVanter (R) McReynolds (D) Sutherland (R) Butler (D) Hughes, C.J. (R) Roberts (R) Brandeis (R) Stone (R) Cardozo (D) *The fearsome foursome of substantive due process–a remarkably consistent voting bloc: Willis Van DeVanter (Republican, Wyoming, Chair of Republican National Committee, Taft) James C. McReynolds (Democrat, Tennessee, U.S. Attorney General, Wilson) George Sutherland (Republican, Utah, state senator, Harding) Pierce Butler (Democrat, Minnesota, railroad attorney, Harding)

THE SUPREME COURT'S RESPONSE TO ECONOMIC REGULATIONBEFORE AND AFTER THE SWITCH IN TIME THAT SAVED NINE [Cases won by the government, i.e., where regulation was sustained, are printed in bold blue type.] NATIONAL REGULATIONSTATE REGULATION pre-switch U.S. v. E.C. Knight (1895) Champion v. Ames (1903) McCray v. U.S. (1904) Shreveport Rate Case (1914) Hammer v. Dagenhart (1918) Stafford v. Wallace (1922) Bailey v. Drexel Furniture (1922) Carter v. Carter Coal (1936) U.S. v. Butler (1936) Slaughterhouse Cases (1873) Munn v. Illinois (1877) Allgeyer v. Louisiana (1897) Jacobson v. Massachusetts (1905) Lochner v. New York (1905) Muller v. Oregon (1908) Burns Baking Company v. Bryan (1924) Home Building & Loan v. Blaisdell (1934) post-switch Steward Machine Co. v. Davis (1937) N.L.R.B. v. Jones & Laughlin (1937) U.S. v. Darby (1941) Wickard v. Filburn (1942) West Coast Hotel v. Parrish (1937) Edwards v. California (1941) [state lost, but strong view of national commerce power prevailed]

Rise & Fall of the Warren Court

Preferred Freedoms All constitutional rights are not equal. Rights of speech, press, association, and assembly are so fundamental to democratic processes that any legislation infringing them must be accorded strict scrutiny [judicial activism]. Preference for the individual over the government when government action intrudes on fundamental rights. Particular solicitude toward (a) individual political rights, (b) the processes of democratic government, or (c) the well-being of persistent minorities. Fundamental rights don't include the economic rights, which were the darlings of the Lochner Court.