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Chapter 8 - Black Monday, May 27, 1935

from Section C: Crisis

Published online by Cambridge University Press:  13 January 2022

Mark V. Tushnet
Mark V. Tushnet
Affiliation:
Harvard Law School, Massachusetts
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Summary

The chapter describes the drafting of New Deal statutes and the Roosevelt administration’s legal strategies to defend them against conservative attacks. The “Black Monday” decisions of 1936 showed that the Court’s earlier decisions had not in fact shown that the Court’s majority was ready to acquiesce in everything done in the name of economic recovery. The Schechter decision was not in itself a serious blow to the New Deal, involving as it did a program that had lost political support within the administration, but it was rightly seen as resting upon premises that did threaten New Deal programs.

Keywords

American Liberty LeagueNational Industrial Recovery ActPanama Oil Co. v. Ryannondelegation doctrineFrazier-Lemle ActA.L.A. Schechter Poultry Corp. v. United States
Type
Chapter
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The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
 , pp. 167 - 200
Publisher: Cambridge University Press
Print publication year: 2022

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