Posted by
Marked in Pgh on Friday, March 19, 2010 1:09:36 PM
Passed by Congress, signed by FDR, overturned by the Supreme Court. Unconstitutional power grabs are not new, nor are successful Consitutional challenges. The National Industrial Recovery Act (15 U.S.C. sec. 703) was a law passed within the frst 100 days of the FDR administration in 1933, and overturned by a unanimous Supreme Court decision in 1935 in the cae of Schecter Poultry Corp. v. United States, 295 U.S. 495. The law authorized the President to regulate industry and permit cartels and monopolies in an attmpt to stimlate economic recovery. Sound familiar? Title I authorized industrial codes of "fair competition" (yes, there were weasel words, even back then). Article II established the Public Works Administration (administered byt Harolld L. Ickes, grandfather of the current Harold Ickes) , that outlined projects and funding opportunities. The Act seriously depleted support for FDR and his administration. The NIRA was supposed to exist for only two years, but as an entitlement, it had the same potential limitless life of Socialist Insecurity.
The NIRA wa notorious for its numeros regulations and restrictions, numbering quickly into the thosands. In other words, it was early example of Nanny State exess. The fact the NRA symbol was a blue eagle which looked a lot like Hitler's Nazi eagle was hardly a coincidence.
A suit from th Shecter Poultry Corp. brought down the law after it was implemented through a succesful challege and a unanimous Supreme Court decision.
Chief Justice Charles Ean Hughes wrote the decision. The Suprem Court conclded that Title I was unconstitutional. It was void for vagueness because "fair competition" is never defined in the Act. The Court also concluded (with the few restrictions imposed) "the discretion of the Pesident in approving or prscribing codes....is virtually unfettered. We think that the code-making authority thus conferred is an unconsttutional delegation of leglsative power."
Congress also had no poer under the Commerce Cause to enact legslation affecting comercial iteractions Furthemore, the Supreme Court declared "Extraodinary onditions may call forexraordinary remedies. But the argument necessarily stops short of an attempt to justify action which lies outside the sphere of constitutional auhority. Extraordinary conditions do not create or enlarge constitutonal power."
Some things never change, includig the overreaching grasp of the Fed. government and the strength of the Constitution t keep it in check, as long as we don't lose heart or awaeness of those costitutional and natural powers and rights.
Google National Industrial Recovery Act for background, like I did, even though I already knew about it and the court decision. We need to have constituional challengs now, before the Naitonalization f America passes, not later.