Eleanor Finch
The New Deal, implemented by Franklin D. Roosevelt between 1933 and 1939, was a series of programs and agencies created by the Roosevelt administration and Congress to address the Great Depression. It aimed to increase the role of the federal government in the economy and bring about immediate economic relief through reforms in industry, agriculture, finance, waterpower, labour, and housing. The New Deal faced several constitutional challenges and was often scrutinized for departing from traditional American political philosophy by embracing a government-regulated economy. Roosevelt was cautious of the U.S. Supreme Court during his first term, and his administration faced setbacks in 1935, with the Supreme Court ruling against him in three cases. However, the New Deal gained support through measures such as the legalization of alcohol and the creation of jobs through relief programs. The New Deal's impact on the Constitution and the role of the federal government in economic regulation remain subjects of debate.
| Characteristics | Values |
|---|---|
| Economic regulation | The New Deal favoured a government-regulated economy, which was opposed to the traditional American political philosophy of laissez-faire. |
| Roosevelt's re-election | Roosevelt's re-election weakened the Supreme Court's ability to base its rulings on personal or political beliefs. |
| Constitutional challenges | The New Deal faced many constitutional challenges, with the Supreme Court ruling against Roosevelt in several cases, including Black Monday in 1935. |
| Expansion of federal government | The New Deal vastly increased the scope of the federal government's activities, including in industry, agriculture, finance, waterpower, labour, and housing. |
| Welfare state | The New Deal included relief programs to provide temporary help to unemployed Americans and build infrastructure, but some argue it did not mark a commitment to a welfare state due to America's individualistic culture. |
| Government spending | The New Deal involved government spending to stimulate the economy, which was rejected by most economists of the era who favoured balanced budgets. |
| Corporatism | The National Recovery Act within the New Deal was criticised as containing "every fault of socialism ... without one of its virtues," indicating a departure from traditional constitutional principles. |
| Delegation of authority | The New Deal involved the delegation of authority to the President, allowing them to enforce precise regulations, which some argued was a perversion of political power and a departure from the American Constitution. |
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What You'll Learn
- Roosevelt's re-election weakened the Supreme Court's ability to base rulings on personal beliefs
- The New Deal was subjected to many constitutional challenges and scrutiny
- Roosevelt's administration was slow to bring constitutional challenges to the Court
- The New Deal's corporatist schemes were criticised as corrupt and beyond the Constitution
- Roosevelt's ambitious retirement program was deemed unconstitutional
Roosevelt's re-election weakened the Supreme Court's ability to base rulings on personal beliefs
The New Deal was a series of economic programmes implemented by Franklin D. Roosevelt (FDR) between 1933 and 1939, aimed at providing economic relief and reform in industry, agriculture, finance, waterpower, labour, and housing. The New Deal vastly increased the scope of the federal government's activities and was opposed to the traditional American political philosophy of laissez-faire.
Roosevelt's re-election in 1936 weakened the Supreme Court's ability to base rulings on personal beliefs in several ways. Firstly, the re-election signalled that Roosevelt's initiatives had popular support, and he interpreted it as a mandate for federal court reform. On February 5, 1937, Roosevelt asked Congress for the authority to reform the Supreme Court, proposing to appoint additional Justices to help with its caseload. While Roosevelt claimed this was due to the ageing court being "slow and infirm", his true agenda was clear: to dilute the power of the conservative bloc of Justices, known as the "Four Horsemen", who consistently held that governmental regulation of commerce and labour infringed on personal liberties.
Secondly, Roosevelt's re-election and the subsequent support for his New Deal initiatives weakened the Supreme Court's ability to base rulings on personal beliefs as it led to a shift in the Court's composition. Two Justices, impressed by the landslide victory and the large Democratic majority in Congress, unexpectedly voted to uphold New Deal initiatives, providing a slim majority for key pieces of New Deal legislation. This shift was referred to as "the switch in time that saved nine", as it weakened the argument that younger, more liberal justices were needed on the Supreme Court.
Additionally, Roosevelt's re-election may have influenced the decision of Justice Owen Roberts to switch sides in certain cases, further undermining the conservative bloc. Roberts voted with the majority in early New Deal victories, such as Home Building & Loan Association v. Blaisdell and Nebbia v. New York, and later voted to uphold New Deal initiatives, providing crucial votes in favour of Roosevelt's policies.
The re-election also led to Roosevelt's first opportunity to make a Supreme Court appointment, as one of the conservative justices announced their retirement. This allowed Roosevelt to begin shaping the Court to be more favourable towards his policies and less influenced by personal beliefs that conflicted with his agenda.
Overall, Roosevelt's re-election weakened the Supreme Court's ability to base rulings on personal beliefs by demonstrating popular support for his initiatives, leading to proposed and actual changes in the Court's composition, and influencing key Justices to vote in favour of New Deal legislation.
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The New Deal was subjected to many constitutional challenges and scrutiny
The Roosevelt administration closely monitored the challenge to the 1934 Railroad Retirement Act, Railroad Retirement Board v. Alton Railroad Co., as its similarity with the Social Security Act meant that it would serve as a test of whether Roosevelt's retirement program was constitutional. The Roosevelt administration suffered a severe setback on May 27, 1935, later known as Black Monday, when the Supreme Court ruled unanimously against Roosevelt in three cases, with several laying forth the criteria necessary to respect due process and property rights.
The New Deal was also criticized for its corporatist elements, with Huey Long complaining that the schemes produced contained "every fault of socialism [...] without one of its virtues". The New Deal's expansion of the federal government's activities and embrace of a government-regulated economy also marked a departure from the traditional American political philosophy of laissez-faire.
The Supreme Court's decision in Humphrey's Ex. stunned the Roosevelt administration, as it was perceived as an attempt to publicly shame the President for violating the Constitution. Roosevelt himself viewed the decision as an attack on his administration and chose to remain diplomatically silent, waiting for a better opportunity to press his cause with the public.
Despite these challenges, the New Deal involved the creation of dozens of programs and agencies by the Roosevelt Administration and Congress, some of which came into being by law and others by executive order. These included the Wagner-Peyser Act of 1933, which established a national system of public employment offices, and the Taylor Grazing Act of 1935, which ended free grazing on federal lands and created regulated grazing districts. The New Deal also led to the establishment of the Federal Communications Commission (FCC) and important civil rights initiatives, such as the Civil Rights Section, Department of Justice, which investigated civil rights and civil liberties violations.
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Roosevelt's administration was slow to bring constitutional challenges to the Court
The New Deal was a series of policies enacted by Franklin D. Roosevelt between 1933 and 1939 to address the Great Depression and reform industry, agriculture, finance, waterpower, labour, and housing. The New Deal vastly increased the scope of the federal government's activities and was opposed to the traditional American political philosophy of laissez-faire.
During Roosevelt's first term, the Supreme Court struck down several New Deal measures as unconstitutional. Roosevelt was wary of the U.S. Supreme Court early in his first term, and his administration was slow to bring constitutional challenges to the Court. Roosevelt sought to reverse this by changing the makeup of the court through the appointment of new additional justices, a strategy known as the "court-packing plan". He hoped that these new justices would rule that his legislative initiatives did not exceed the constitutional authority of the government.
Roosevelt's administration suffered a major setback on May 27, 1935, known as Black Monday, when the Supreme Court ruled unanimously against Roosevelt in three cases. These cases laid forth the criteria necessary to respect the due process and property rights of individuals and defined the appropriate delegation of legislative powers to the President. Despite these setbacks, Roosevelt's administration won three court cases in 1934 involving minimum wage, social security, and the National Labor Relations Act.
Roosevelt's re-election in 1936 forced the Court to depart from its political stances and weakened its ability to base rulings on personal beliefs. Roosevelt's plan to reform the court was developed in secrecy, working with his attorney general, Homer Cummings, to ensure favourable rulings on upcoming cases. Roosevelt used his famous "fireside chats" to assert that his plan was not an attack on the court but an attempt to restore it to its rightful place in constitutional government.
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The New Deal's corporatist schemes were criticised as corrupt and beyond the Constitution
The New Deal, an amalgam of dozens of programs and agencies, was created by the Roosevelt Administration and Congress to bring about immediate economic relief and reforms in industry, agriculture, finance, waterpower, labour, and housing. It vastly increased the scope of the federal government's activities, embracing the concept of a government-regulated economy.
The New Deal faced many constitutional challenges and was criticised as an overreach of federal power. The National Recovery Act, for example, was seen as an experiment in corporatism, with Huey Long complaining that it produced schemes containing "every fault of socialism... without one of its virtues". Critics argued that political power, which should serve the public, was being used to serve the private interests of rulers, which, according to Aristotle's Politics, constituted corruption.
The New Deal was also criticised by the American Liberty League, which saw it as a drift towards state socialism and unchecked presidential power. They branded the Agricultural Adjustment Act as "a trend toward Fascist control of agriculture" and argued that the proposed Social Security bill of 1935 would "mark the end of democracy". The League's leaders used pamphlets, bulletins, and press releases to spread their message, finding a broad audience concerned about the growth of the federal government.
The Roosevelt administration suffered a major setback on May 27, 1935, when the Supreme Court ruled against Roosevelt in three cases, with the Court unanimously upholding restrictive views of due process, property rights, and the delegation of legislative powers to the President. Roosevelt was distressed by the decisions, perceiving them as personal attacks. However, the administration did see early wins in Home Building & Loan Association v. Blaisdell and Nebbia v. New York, which dealt with state laws related to economic regulation.
The New Deal's expansion of the federal government's role in the economy and its challenges to traditional concepts of states' rights and separation of powers sparked intense debate and scrutiny during the 1930s.
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Roosevelt's ambitious retirement program was deemed unconstitutional
Franklin D. Roosevelt's New Deal was a response to the Great Depression, and aimed to bring about immediate economic relief and reforms in industry, agriculture, finance, waterpower, labour, and housing. The New Deal vastly increased the scope of the federal government's activities, embracing the concept of a government-regulated economy.
Roosevelt's ambitious retirement program, the Social Security Act, was passed into law in 1935. It was designed to address the permanent problem of economic security for the elderly, creating a work-related, contributory system in which workers would provide for their own future economic security through taxes paid while employed. This was an alternative to both welfare and radical changes to the capitalist system.
However, the New Deal faced many constitutional challenges, and Roosevelt was wary of the U.S. Supreme Court early in his first term. On May 27, 1935, the Roosevelt administration suffered a severe setback when the Supreme Court ruled against Roosevelt in three cases, with several laying forth the criteria necessary to respect the due process and property rights of individuals. The Agricultural Adjustment Act (AAA) was revised by Congress as a result.
While not a direct part of the New Deal, the Roosevelt administration closely monitored the challenge to the 1934 Railroad Retirement Act, which was similar to the Social Security Act. The pension scheme was designed to encourage older rail workers to retire, creating jobs for younger workers. However, numerous challenges were filed in the Supreme Court of the District of Columbia, and injunctions were issued on the grounds that the law was an unconstitutional regulation of an activity not connected to interstate commerce.
Despite these setbacks, Roosevelt's re-election in 1936 forced the Court to depart from "its fortress in public opinion", and several Supreme Court cases in 1937 affirmed the constitutionality of New Deal laws.
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Frequently asked questions
The New Deal was a series of programs and agencies created by the Roosevelt Administration and Congress between 1933 and 1939. It aimed to bring about immediate economic relief and reforms in industry, agriculture, finance, waterpower, labour, and housing, increasing the scope of the federal government's activities.
The New Deal faced many constitutional challenges and was often scrutinised. It was seen as an experiment in corporatism, with critics arguing that it served private interests and was an attempt to publicly shame the President. The New Deal also expanded the role of the federal government, with Roosevelt utilising executive orders to implement his agenda.
One example is the Railroad Retirement Act case, where the Supreme Court of the District of Columbia ruled against the Roosevelt administration, arguing that the law was an unconstitutional regulation of activity not connected to interstate commerce. Another case was Humphrey's Ex., where the Supreme Court unanimously ruled against Roosevelt, with Justice Sutherland's criticism perceived as a personal attack on the President.
The constitutional challenges to the New Deal had mixed outcomes. While Roosevelt faced setbacks, such as Black Monday in 1935 where the Supreme Court ruled against him in three cases, he also achieved early wins in 1934 with Home Building & Loan Association v. Blaisdell and Nebbia v. New York, which involved state laws related to economic regulation.
Roosevelt's re-election weakened the Supreme Court's ability to base its rulings on personal or political beliefs. The New Deal also shifted the ideological composition of the Court, with three justices who favoured Roosevelt's policies—Hugo Black, William O. Douglas, and Felix Frankfurter—serving for over 20 years and upholding economic regulation.
