Executive Order authorizing the Department of Commerce to seize much-needed steel factories to support Korean War effort.
Unconstitutional.
Overstepping executive authority. Separation of powers-checks and balances.
Saturday, April 11, 2009
Korematsu v United States (1944)
Executive Order 9066- subsequent exclusion order of Japanese persons
Majority Opinon: Black, joined by Stone, Reed, Douglas, Rutledge, Frankfurter.
Dissent: Roberts, Murphy, Jackson
Constitutional
Valid exercise of war power and commander-in-chief power in concert with necessary and proper clause.
Dissenting Opinion- Murphy dismissed the decision as stepping into "the ugly abyss of racism."
Majority Opinon: Black, joined by Stone, Reed, Douglas, Rutledge, Frankfurter.
Dissent: Roberts, Murphy, Jackson
Constitutional
Valid exercise of war power and commander-in-chief power in concert with necessary and proper clause.
Dissenting Opinion- Murphy dismissed the decision as stepping into "the ugly abyss of racism."
Wickard v Filburn (1942)
Agricultural Adjustment Act of 1938 mandated acreage quotas for wheat production
Constitutional.
Congress can regulate agriculture and mining in addition to other industries' market systems to regulate interstate commerce. Deference to legislature. If there's any national economic link to commerce, it can be regulated by Congress.
Justice Jackson
Constitutional.
Congress can regulate agriculture and mining in addition to other industries' market systems to regulate interstate commerce. Deference to legislature. If there's any national economic link to commerce, it can be regulated by Congress.
Justice Jackson
U.S. v. Darby Lumber Co. (1941)
The Beginning of the Roosevelt Court- from Darby Lumber, Wickard v Filburn, Korematsu v. U.S., to Youngstown Sheet and Tube Co. v. Sawyer
Fair Labor Standards Act of 1938-- Sweeping new legislation that prohibited shipment of goods made in substandard conditions interstate and fixed minimum wages and maximum hours for interstate-related work.
Unanimous Majority: Stone, Black, Douglas, Frankfurter, McReynolds, Murphy, Reed, Roberts, Stone
Majority Opinion: Justice Stone
Justice Stone concludes the prohibition is constitutional exercise of commerce power while the regulation of labor was constitutional action authorized by the commerce clause AND necessary and proper clause
Fair Labor Standards Act of 1938-- Sweeping new legislation that prohibited shipment of goods made in substandard conditions interstate and fixed minimum wages and maximum hours for interstate-related work.
Unanimous Majority: Stone, Black, Douglas, Frankfurter, McReynolds, Murphy, Reed, Roberts, Stone
Majority Opinion: Justice Stone
Justice Stone concludes the prohibition is constitutional exercise of commerce power while the regulation of labor was constitutional action authorized by the commerce clause AND necessary and proper clause
West Coast Hotel Co. v. Parrish
1913 Minimum Wage Law (Washington State)
Constitutional
Majority: Hughes, Brandeis, Cardozo, Roberts, Stone.
Dissenting- The Four Horsemen: Sutherland, Butler, McReynolds, Van Devanter.
Majority Opinion: Chief Justice Hughes.
Constitution does not explicitly protect "freedom of contract." The liberty in question is subject to the restraints of due process. Valid exercise of state's police power. The decision in Adkins v. Children's Hospital striking down a similar minimum wage law was overruled.
Constitutional
Majority: Hughes, Brandeis, Cardozo, Roberts, Stone.
Dissenting- The Four Horsemen: Sutherland, Butler, McReynolds, Van Devanter.
Majority Opinion: Chief Justice Hughes.
Constitution does not explicitly protect "freedom of contract." The liberty in question is subject to the restraints of due process. Valid exercise of state's police power. The decision in Adkins v. Children's Hospital striking down a similar minimum wage law was overruled.
NLRB v. Jones-Laughlin Steel Corp.
(1937)
National Labor Relations Act (Wagner Act)- National Labor Relations Board order
Constitutional
Commerce Clause (Marshall interpretation); deference to legislature
Chief Justice Hughes
National Labor Relations Act (Wagner Act)- National Labor Relations Board order
Constitutional
Commerce Clause (Marshall interpretation); deference to legislature
Chief Justice Hughes
Carter v. Carter Coal Co. (1936)
Challenged Law-- Bituminous Coal Conservation Act
Unconsitutional
Commerce Clause
Justice Sutherland
Unconsitutional
Commerce Clause
Justice Sutherland
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