Constitutional Law in 1935–36: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1935

1937 ◽  
Vol 31 (2) ◽  
pp. 253-279
Author(s):  
Robert E. Cushman
Keyword(s):  
Supreme Court ◽  
New Deal ◽  
Constitutional Law ◽  
The United States ◽  
Federal Authority ◽  
The Supreme Court ◽  
Federal Laws ◽  
Constitutional Decisions ◽  
Constitutional Construction ◽  
The New Deal

As was pointed out a year ago in this Review, the Supreme Court was able to deal with the cases involving the New Deal which came before it during its 1934 term without any striking enlargement of judicial power and without the announcement of any novel constitutional doctrine. The N.R.A., the Gold Clauses, the Farm Bankruptcy Act, were dealt with by the familiar processes of deciding whether Congress had actually exercised a power not granted to it by the Constitution, or had exercised a granted power in a forbidden way. The New Deal issues which came to the Court during the 1935 term were quite as far-reaching in significance and were certainly not of a routine variety. They involved, in some cases, constitutional clauses never before interpreted by the Court. Some of the federal laws under attack were obviously exercises of delegated powers, but at the same time, they exercised delegated powers for purposes which were novel and which had been commonly supposed not to be within the reach of federal authority. In dealing with laws of this type, the Court brought forward and established as a working implement of constitutional construction the so-called doctrine of “dual federalism.”

Constitutional Law in 1940–1941: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1940

1942 ◽  
Vol 36 (2) ◽  
pp. 263-289
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
Supreme Court ◽  
New Deal ◽  
Constitutional Law ◽  
Attorney General ◽  
The United States ◽  
Chief Justice ◽  
The Supreme Court ◽  
Constitutional Decisions ◽  
The New Deal

The membership of the Supreme Court underwent but one change during the 1940 term. Mr. Justice McReynolds retired on February 1, 1941. Chief Justice Hughes retired on June 2, 1941, after the term had closed. The vacancies thus created were both filled during the summer recess. Mr. Justice McReynolds, a Tennessee Democrat, was Attorney-General in President Wilson's first cabinet, and was appointed to the Court in 1914. He has long been rated one of the most conservative of the justices and was a consistent and bitter opponent of the New Deal and all its works. Mr. Justice Van Devanter, who had retired in 1937, died on February 8, 1941.

Constitutional Law in 1936–37: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1936

1938 ◽  
Vol 32 (2) ◽  
pp. 278-310 ◽  
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
Supreme Court ◽  
Minimum Wage ◽  
New Deal ◽  
Constitutional Law ◽  
Political History ◽  
The United States ◽  
The Supreme Court ◽  
Constitutional Decisions

The 1936 term of the Supreme Court will probably be rated a notable one. This is due both to the Court's own work, and to certain extraneous occurrences which could hardly fail to have some impact upon it. In any attempt to evaluate the work of this term, one should bear in mind the following facts: First, a month after the Court convened President Roosevelt was reëlected by one of the most impressive popular and electoral majorities in our political history. Second, in February the President submitted to Congress his proposal for the reorganization of the Supreme Court, including the enlargement of its membership by the addition, up to fifteen, of a new justice for every one remaining on the Court beyond the age of seventy. This proposal aroused violent opposition, the debates on it continued for many months, and ultimately the plan was defeated largely through the efforts of the President's own party. The discussions on this proposal were going on during much of the time in which the Court was sitting. Third, in every case in which New Deal laws were attacked, they were held valid. These results were accomplished in many instances by five-to-four margins, and in the Minimum Wage Case by a five-to-four reversal of a previous five-to-three decision.

Constitutional Law in 1947–48: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1947

1949 ◽  
Vol 43 (2) ◽  
pp. 275-308
Author(s):  
David Fellman
Keyword(s):  
United States ◽  
Supreme Court ◽  
Constitutional Law ◽  
The United States ◽  
Chief Justice ◽  
The Supreme Court ◽  
Constitutional Decisions

There were no changes in the personnel of the Court during the 1947 term. The former Chief Justice, Charles Evans Hughes, Avho had retired from the Court on July 1, 1941, died on August 27, 1948. Justice Hughes had served on the Court from May 2, 1910, to June 10, 1916, and was appointed Chief Justice on February 13,1930, succeeding William Howard Taft. In characteristic fashion, the justices filed during the 1947 term a very large number of dissenting and concurring opinions liberally salted with spirited and often bitter judicial invective.

Constitutional Law in 1937–1938: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1937

1939 ◽  
Vol 33 (2) ◽  
pp. 234-266
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
Supreme Court ◽  
Constitutional Law ◽  
The United States ◽  
Substantial Part ◽  
Public Comment ◽  
Solicitor General ◽  
The Supreme Court ◽  
Prior Service ◽  
Constitutional Decisions

During the 1937 term, the Supreme Court underwent the first changes in its personnel since Mr. Justice Cardozo succeeded Mr. Justice Holmes in March, 1932. On June 1, 1937, Mr. Justice Van Devanter retired and was succeeded at the opening of the new term in October by Mr. Justice Black. On January 18, 1938, Mr. Justice Sutherland retired and was succeeded on January 31 by Mr. Justice Reed. During a substantial part of the term, Mr. Justice Cardozo was absent on account of illness, and his death occurred July 9, 1938. Mr. Justice Black, whose appointment had attracted much public comment, threw himself into the work of the Court with unusual vigor. During the term, he wrote the opinion of the Court in fifteen cases. He dissented in fourteen cases, in nine of which he wrote dissenting opinions. He concurred without substantial opinion in eleven cases, and wrote a concurring opinion in one other case. Mr. Justice Reed participated less actively, first because of the lateness of his appointment, and second because his prior service as Solicitor-General of the United States disqualified him from sitting in a considerable number of cases. These changes in the membership of the Court have altered the almost even division on the bench between the so-called conservatives and the so-called liberals. Without attempting to speculate as to the course of future decisions, it is significant that the irreconcilably conservative block of justices, consisting of Justices Van Devanter, Sutherland, McReynolds, and Butler, has been broken up.

Introduction

2019 ◽  
pp. 1-6
Author(s):  
David S. Schwartz
Keyword(s):  
United States ◽  
Twentieth Century ◽  
The United States ◽  
Constitutional History ◽  
State Laws ◽  
Full Extent ◽  
Federal Authority ◽  
The Supreme Court ◽  
Federal Laws ◽  
The New Deal

Chief Justice John Marshall’s 1819 decision in McCulloch v. Maryland is widely regarded as the greatest constitutional decision ever issued by the Supreme Court. The ruling upheld Congress’s constitutional power to create the Second Bank of the United States, recognizing the “implied powers” of Congress and the supremacy of federal over state laws. Modern constitutional scholars believe that McCulloch established the constitutional foundation for the historic expansion of federal authority in the wake of the New Deal. But the nationalizing potential of McCulloch has not been fully realized. Only briefly in the mid-twentieth century did the Court embrace the full extent of McCulloch’s vision of implied powers, as it upheld broad federal laws regulating the economy and promoting racial equality. McCulloch’s 200-year odyssey, from 1819 to the present day, helps us understand how the “spirit” of the Constitution and its structure of federalism have been reinterpreted throughout U.S. constitutional history.

Constitutional Law in 1944–45: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1944

1946 ◽  
Vol 40 (2) ◽  
pp. 231-255
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
Supreme Court ◽  
Constitutional Law ◽  
The United States ◽  
The Supreme Court ◽  
Constitutional Decisions

The membership of the Supreme Court did not change during the 1944 term, but Mr. Justice Roberts resigned in July after the term had ended. Divisions in the Court were as numerous and as difficult to classify as before. Four justices dissented in twenty-seven cases, while three justices dissented in sixteen cases. The Court seems to be moving toward the old practice of the pre-Marshall period by which the justices wrote seriatim opinions. There is a depressing increase in the number of cases in which three, four, and even five justices feel impelled to write separate opinions.

Constitutional Law in 1932–33: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1932

1934 ◽  
Vol 28 (1) ◽  
pp. 40-64
Author(s):  
Robert E. Cushman
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
The United States ◽  
Program Material ◽  
North Shore ◽  
The North ◽  
The Supreme Court ◽  
Great Equality ◽  
Constitutional Decisions ◽  
Gary Indiana

The Supreme Court has at last passed squarely upon the broad powers of the Federal Radio Commission over the business of broadcasting and has upheld them in a sweeping manner in the case of Federal Radio Commission v. Nelson Bros. Bond & Mortgage Co. The general authority conferred on the Commission by the act of 1927 was enlarged in 1928 by provisions directing the Commission to maintain as great equality as possible in the allocating of broadcasting licenses among the zones created and further to distribute such licenses fairly and reasonably to the states within each zone according to population. In 1930, it appeared that Illinois had 55 per cent more than its quota of stations, while Indiana had 22 per cent under its quota. The Commission assigned to station WJKS at Gary, Indiana, operating rights on a frequency theretofore used by two Chicago stations. One of these, operated commercially by the respondent, used much National Broadcasting Company program material; the other, operated by the North Shore Church of Chicago, broadcast only religious programs. The effect of the order was to rule these stations off the air. It appeared that the Gary station had suffered from interference, and was furthermore equipped to serve its audiences with programs of unique interest.

Constitutional Law in 1938–1939: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1938

1940 ◽  
Vol 34 (2) ◽  
pp. 249-283 ◽  
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
Supreme Court ◽  
Constitutional Law ◽  
Recent Trend ◽  
The United States ◽  
Present Survey ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Constitutional Decisions ◽  
Constitutional System

The 1938 term of the Supreme Court brought substantial changes in its personnel. Mr. Justice Cardozo died on January 9, 1938. He was succeeded by Mr. Justice Frankfurter, who took office on January 30, 1939. On February 13, 1939, Mr. Justice Brandeis retired, and on April 17 Mr. Justice Douglas was appointed to fill his place. By the end of the term, therefore, four justices appointed by President Roosevelt had taken office. It is too early to appraise the results of these appointments upon the decisions and doctrines of the Court. One statement may be made, however, which throws some light upon the recent trend of judicial decisions. In preparing the present survey of the Court's decisions, some sixty cases were examined, all but one or two of them turning upon constitutional issues. In these sixty-odd cases, Mr. Justice McReynolds and Mr. Justice Butler, the two remaining members of the conservative “old guard,” dissented together twenty-five times. In several instances they were joined in dissent by Mr. Justice Roberts, and once or twice by the Chief Justice. In the main, however, they stood alone against a compact majority of six or seven justices. With the death of Mr. Justice Butler in the fall of 1939, Mr. Justice McReynolds stands like the boy on the burning deck amidst what obviously appears to him to be the imminent destruction of the old constitutional system.

Constitutional Law in 1941–1942: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1941

1943 ◽  
Vol 37 (2) ◽  
pp. 263-289
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
New York ◽  
South Carolina ◽  
Supreme Court ◽  
Constitutional Law ◽  
Attorney General ◽  
The United States ◽  
Chief Justice ◽  
The Supreme Court ◽  
Constitutional Decisions

The vacancies on the Supreme Court caused by the retirement of Mr. Justice McReynolds and Chief Justice Hughes were filled by President Roosevelt during the summer of 1941. When the Court convened in October, Mr. Justice Stone, originally appointed by President Coolidge, became Chief Justice. Chief Justice White was the only other associate justice to be promoted to the Chief Justiceship. Senator James F. Byrnes of South Carolina, and Attorney General Robert H. Jackson of New York took their seats as associate justices. Thus seven justices have been placed on the Court by President Roosevelt. Any idea, however, that these Roosevelt appointees conform to any uniform pattern of thought is belied by the fact that in the 75 cases in the 1941 term turning on important questions of either constitutional law or federal statutory construction, there were dissents in 36, and 23 of these dissents were by either three or four justices. No act of Congress has been declared unconstitutional since May, 1936, when the Municipal Bankruptcy Act was held invalid. Since 1937, the Court has overruled 20 previous decisions, mentioning them by name, while it has modified or qualified a number of others.

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