Anonymous
Anonymous asked in Politics & GovernmentElections · 1 decade ago

Will there be more programs declared Unconstitutional during Obama's than during FDR's presidency?

During FDR's presidency the Conservative took action to block the following "changes":

In Louisville Bank v. Radford, the Court declared unconstitutional an act that provided mortgage relief to farmers.

In Humphrey's Executor v. United States, the Court denied the president the power to replace members of independent regulatory agencies, thus thwarting his ability to bring the agencies in line with administration regulatory policies (see Appointment and Removal Power).

And in Schechter Poultry Corporation v. United States the Court struck down the National Industrial Recovery Act, holding that Congress could not delegate such sweeping powers to an executive body (see Delegation of Powers). The Court also held that the Schechters' poultry business was intrastate commerce and thus not subject to federal commerce power.

the Court invalidated several more New Deal programs, including the Agricultural Adjustment Act and the National Bituminous Coal Act and a popular New York minimum‐wage statute (U.S. v. Butler, 1936; Carter v. Carter Coal Co., 1936; Morehead v. New York ex rel. Tipaldo, 1936).

Update:

Before you post that Obama will be able to add 2 or 3 justices please remember that none of these 2 or 3 are part of the Conservative majority.

So your 2 or 3 will make no difference on the majority 5-4 decisions.

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  • Best Answer

    In Louisville Bank v. Radford the court only said that "private property shall not be thus taken even for a wholly public use without just compensation" not that mortgage relief to farmers couldn't be granted by Congress.

    http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?c...

    Schechter Poultry Corporation v. United States dealt with price and wage fixing etc.

    I see where you are going and don't see the same problems going on today...

  • 1 decade ago

    He would have to make proposals first. Those proposals would have to be passed by the Senate and the House of Representatives and signed into law before the Supreme Court would even have something to do with them. Someone or some entity would have to bring the matter before the court as well. This entire [process takes many years, so no I doubt that the Supreme Court would strike down more programs under Obama than it did under Roosevelt.

  • 1 decade ago

    And when FDR didn't get his way he wanted to increase the size of the supreme court to add people who agreed with him. I think the founding fathers would never imagine that a U.S. president would want to completely manipulate the court by adding justices.

    FDR did little to fix the economy. The Federal Reserve was pivotal in fixing the economy.

    Source(s): History.
  • Anonymous
    1 decade ago

    George W. Bush proved that the Supreme Court has no more than an advisory role when it comes to Presidential authority.

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  • Anonymous
    1 decade ago

    You need to study history closer. Many of FDR's programs help the poor in the short run, but they actually prolonged the depression and in many cases made it worse for the poor.

    Mike

    To Jero

    Obama's web site has pulled the Constitutional Lawyer since it was challenged and proven false.

    If he was and instructor, where are his students

    If he went to Harvard. where are his classmates

    Name anybody who went to Harvard or had him as a teacher.

  • jero
    Lv 6
    1 decade ago

    Obama is a constitutional lawyer and scholar. If you aren't that or better then you don't know. My answer is no he knows the constitution very well. Bush was the one who didn't know the constitution.

  • Anonymous
    1 decade ago

    Somebody with deep pockets must have not liked making less money.

    Source(s): Just like now.
  • Anonymous
    1 decade ago

    Hey, at least you're admitting to yourself now that Sen. Obama's gonna win. The stupid slander and trash talk we can deal with, so thanks for finally waking up.

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