Ava. Baghaevaji 1) Name of the Case: Schechter Poultry Corporation v. United States 295 U.S. 495, 55 S. CT. 837 (1935) 2) Facts of the Case: The Schechter brothers ran a slaughterhouse in New York City which would kill and supply chickens to local stores. The brothers were convicted and tried by a federal district for violating standards set by the National Recovery Administration. This act was created under the Industrial Recovery Act of 1933 as part of President Delano Roosevelt's New Deal and it was met to set fair standards for businesses when it came to wages, hours and working conditions. Once convicted the Schechter brothers went on to appeal to the Supreme Court. 3) Legal Question Presented: Did the National Industrial Recovery Act give unconstitutional powers to the Executive Branch? Yes. 4)Holding: …show more content…
Every Justice agreed that Congress had unconstitutionally granted the President certain powers which lead to the wrongful conviction of the Schechter brothers. The Supreme Court ruled in the favor of the Schechter brothers on two grounds. The first being that the Schechter brothers were outside of the scope of Congress's regulatory power when it came to interstate commerce. The court justified this by stating that the Schechters were involved with intrastate commerce that only had an indirect effect on interstate commerce. The second ground in which the Court ruled in favor of the brothers was delivered in the opinion of the Court by Chief Justice Hughes. Justice Hughes stating that the portion of the National Industrial Recovery Act which included the Live Poultry Code gave unconstitutional power to the Executive
The second trial I attended was a personal injury civil jury trial with Judge Carrier. This was a rather interesting case of Jennifer Wolfe VS D & W LLC. Within this case, Jennifer Wolfe attended a bachelorette party eight years ago with her now sister-in-law, who was the maid of honor. The story started out with everyone meeting at a house and the maid of honor was mad that the designated person to bring alcohol, forgot to bring the alcohol. The alcohol drank at this house was whatever was there, which was a few beers and a box of wine.
The case of wickard v filburn was about a was a small farmer in the state of Ohio who decides to grow extra wheat for his personal use and to feed his livestock. He got in trouble with the law because he grew too much wheat now can you believe that. Mr.filburn decides to take the situation to the supreme court wondering why or what did he do to get in trouble for harvested nearly 12 acres of wheat, the supreme court penalized him although he argued for his rights along with asking what he did wrong.
Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.
Key Facts: (Who are the parties? What are they fighting about? Who is suing whom for what?) Susan Kirkpatrick, Appellant; John Zitz and Transamerica Insurance Company, Appelles; Kirkpatrick originally filed a complaint in trial court for a skunk bite she received while in a pet store owned by John Zitz.
According to the Tenth Amendment of the constitution, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”. There have been moments in history where Congress has implemented laws that states felt were unconstitutional. The Constitution gave states the ability to counter the federal government’s power through the Judiciary branch of government, when they feel a law is unconstitutional. The Founders of our nation gave Congress enumerated powers to pass legislation that needs to be abided by all states and citizens. At times Congress will overstep its powers by enacting laws that are unconstitutional and the states have the right to challenge those powers.
United States v. Lopez was the first United States Supreme Court case since the New Deal to set limits to Congress's power under the Commerce Clause of the United States Constitution. The issue of the case was that It exceeded to the power of Congress which had no say over it because the case had nothing to do with commerce or any sort of economic activity. The case United States v. Lopez involved Alfonzo Lopez Jr., Supreme Court Justice William H. Rehnquist, and Congress. Unites States v. Lopez was about a 12th grader named
FDR, an aristocrat who never saw poverty first-hand as LBJ did make the National Industrial Recovery Act the center point of his New Deal programs for relief, recovery, and reform. It was the first comprehensive national attempt to set production levels, prices, minimum wages, maximum hours, and other conditions of employment. Although the NIRA was ruled unconstitutional, many of the reform laws remain in effect today: National Labor Relations Act [1935] and Fair Labor Standards Act [1938]. Americans gained a social safety net in the Social Security Act [1935], albeit well behind France [1848] and Germany [1883]. Through the Banking Act [1933], creating the FDIC, bank deposits became insured.
The Roosevelt administration passed the National Industries Recovery Act to secure workers’ rights. However, in the case Schechter V. United States the Supreme Court used Marshall Review to declare this act unconstitutional due to the employees not being involved in interstate commerce. (Doc F) Instead of abandoning its cause, the Administration passed the Wagner Act which reestablished the right to collectively bargain, protected workers’ rights to join unions, and prohibited unfair labor practices. (Doc G) Additionally, programs such as the PWA and CCC employed the public through building infrastructure such as roads and bridges, ultimately reducing unemployment by more than 15% in 5 years.
Passed on June 16, 1933, the NIRA aimed to also stabilize the economy by sanctioning, supporting, and enforcing an alliance of industries. It also suspended antitrust laws and required companies to write industry wide “codes of fair competition” that fixed prices and wages, established production quotas, and imposed restrictions on the entry of other companies into the alliances. The NIRA act also established the National Recovery Administration, which was tasked with implementing the provisions of the act. Since the establishment of the NIRA and NRA, they faced major criticism because they did little to help with the recovery of the economy. In my opinion, I agree in that they both did very little to help, and even made the problems worse, and are also unconstitutional because they give legislative power to the executive
Incorporation Doctrine and McDonald v. Chicago The McDonald v. Chicago case was a crucial decision by the Supreme Court regarding the 2nd Amendment and state law. This case is interesting for a couple of reasons in my opinion. Firstly, the case revolves around legislation of the 2nd Amendment which is a right held dear to myself and many other Americans. Secondly, the case gives an example of the incorporation doctrine being fully applied.
Andrew Jackson’s Effect on the Cherokee Indians and the Trail of Tears In March of 1832, the case of Worcester v. Georgia was ruled in the U.S. Supreme Court. This case nullified a Georgia law that was contrived to control the way that the U.S. citizens accessed the Cherokee country. Chief Justice John Marshall believed that only the federal government should be allowed to do that.
In order to encourage the growth of trade unions he passed this bills that did more than intended. As the book Who built America details,"The Wagner Act guaranteed workers the right to freely organize their own unions and to strike, boycott, and picket their employers(Rosenzweigh 454).This was exactly what all Middle and working class Americans needed to push them over. It had the stern language that the NIRA lacked and the backing of the National Labor Relation board to hear complaints. Because people thought there jobs were safer due to Roosevelt 's policies, they were more willing to join unions, leading to hike in
Seamons vs. Snow Theodore W Brown SPT 610: Sport Law May 31, 2015 Dr. Brent Estes Seamons vs. Snow CASE CITATION: Sherwin SEAMONS and Jane Seamons, v. Douglas SNOW, Nos. 98-4152, 98-4155.
In 1945, the High Court of Australia heard the case of Gratwick v Johnson and ultimately decided to dismiss the appeal in a unanimous decision by the Judges. While different reasoning was employed, all five judges drew the conclusion that the appeal should be dismissed as the statute the defendant was charged under was inconsistent with s.92 of the Australian Constitution. To provide some context for this case in 1944, Dulcie Johnson was charged with an offence against the National Security Act 1939-1943 in that she did contravene par.3 of the Restriction of Interstate Passenger Transport Order by travelling from South Australia to Western Australia by rail. In brief terms par.3 of the Restriction of Interstate Passenger Transport Order provided that no person shall, without a valid permit, travel from state to state or territory.
Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.