Decisions of the Supreme Court, 1935-36

June 1, 1936

Report Outline
The Supreme Court and Major New Deal Legislation
Decisions Invalidating A. A. A. and Guffey Coal Acts
Decisions on T. V. A. and Municipal Bankruptcy Acts
State Regulatory Power and the Commerce Clause
Cases Involving Rights Guaranteed by Constitution
Decisions in Securities Act and Anti-Trust Cases
Criminal Cases and Cases Concerning Tax Laws
Special Focus

The Supreme Court and Major New Deal Legislation

Five more cases involving important New Deal legislation were decided by the Supreme Court during the term that ended June 1, bringing to ten the total number of major measures of the Roosevelt administration so far subjected to final court review. This year, as last year, the government won only one case. Its sole victory, in the Tennessee Valley Authority case, came midway of the term on February 17, 1936, a year lacking one day after its earlier victory in the gold-clause cases. It was on May 27, 1935, that the Supreme Court invalidated the Frazier-Lemke mortgage-moratorium act and handed down the famous Schechter decision outlawing the N. R. A. Similarly, as the 1935–36 term drew toward a close, the government again suffered defeat at the hands of the high court. On May 18 the Guffey act establishing a “little N. R. A.” for the bituminous coal industry was declared unconstitutional, and a week later the Municipal Bankruptcy Act was overthrown.

In the gold-clause cases? the administration won a partial victory by the narrow margin of 5 to 4. The Court divided 8 to 1 in sustaining the validity of certain operations of the Tennessee Valley Authority. The votes in the eight principal cases decided against the government in the 1934–35 and 1935–36 terms are tabulated below.

The Court did not pass on the constitutionality of the Bankhead cotton control act during the recent term, but that measure was repealed on recommendation of President Roosevelt early in February as a direct consequence of the Court's decision in the A. A. A. case.

ISSUE TRACKER for Related Reports
Supreme Court
Dec. 16, 2022  The Supreme Court
Sep. 28, 2012  Supreme Court Controversies
May 13, 2011  Class Action Lawsuits
Jan. 28, 2005  Supreme Court's Future
Sep. 17, 1993  Supreme Court Preview
Aug. 14, 1987  Supreme Court Nomination
Sep. 26, 1986  The Rehnquist Court
Oct. 26, 1979  Supreme Court and the Press
Sep. 22, 1978  Burger Court's Tenth Year
Jun. 24, 1977  Politics and the Federal Courts
Oct. 09, 1968  Challenging of Supreme Court
Sep. 28, 1966  Supreme Court: Legal Storm Center
Jan. 22, 1958  Criminal Prosecution and the Supreme Court
Jan. 23, 1952  Judges in Politics
Jun. 05, 1939  Supreme Court Decisions, 1938–39
Nov. 17, 1938  Supreme Court Appointments
May 31, 1938  Supreme Court Decisions, 1937–38
Jun. 01, 1937  Supreme Court Decisions, 1936–37
Jun. 01, 1936  Decisions of the Supreme Court, 1935-36
Jun. 05, 1933  Decisions of the Supreme Court, 1932-33
Jun. 04, 1932  Decisions of the Supreme Court, 1931–32
Jun. 06, 1931  Decisions of the Supreme Court, 1930–31
Jun. 09, 1930  Decisions of the Supreme Court, 1929–30
Jun. 10, 1929  Decisions of the Supreme Court, 1928-29
Jun. 09, 1928  Decisions of the Supreme Court 1927–28
Sep. 27, 1924  The Supreme Court Issue
Supreme Court History and Decisions