Restriction of Powers of Federal Courts

Report Outline
Legislative Powers vs. Judicial Powers
Congressional Powers Over Judicial Branch
Requirement of Larger Majorities for Invalidation
Special Focus

Legislative Powers vs. Judicial Powers

Invalidation of Cardinal New Deal Measures

Two Leading Measures of public policy, proposed by President Roosevelt during the early months of his administration and approved in Congress by overwhelming majorities, have been set aside by the Supreme Court of the United States as passing beyond the boundaries to federal power fixed by the Constitution.

The National Industrial Recovery Act, the principal measure of the administration for restoring business activity and promoting reemployment, was declared unconstitutional, May 26, 1935, in the Schechter case. The act had been approved by the House, May 26, 1933, by a vote of 325 to 76; and by the Senate, June 9, 1933, by a vote of 58 to 24.

The Agricultural Adjustment Act, the principal measure of the administration for restoring farm purchasing power and relieving agricultural distress, was declared unconstitutional, January 6, 1036, in the Hoosac Mills case. The act had been approved by the House, March 22, 1933, by a vote of 315 to 98; and by the Senate, April 28, 1933, by a vote of 64 to 20.