The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
Not all antidepression legislation, however, was of this revolutionary
type. The Securities Exchange Act of 1934[439] and the Public Utility
Company Act ("Wheeler-Rayburn Act") of 1935[440] were not. The former
creates the Securities and Exchange Commission, and authorizes it to lay
down regulations designed to keep dealing in securities honest and
above-board and closes the channels of interstate commerce and the mails
to dealers refusing to register under the act. The latter requires, by
sections 4 (a) and 5, the companies which are governed by it to register
with the Securities and Exchange Commission and to inform it concerning
their business, organization and financial structure, all on pain of
being prohibited use of the facilities of interstate commerce and the
mails; while by section 11, the so-called "death sentence" clause, the
same act closes after a certain date the channels of interstate
communication to certain types of public utility companies whose
operations, Congress found, were calculated chiefly to exploit the
investing and consuming public. All these provisions have been
sustained,[441] Gibbons _v._ Ogden, furnishing the Court its principal
reliance.[442]
Congressional Regulation of Production and Industrial Relations
ANTIDEPRESSION LEGISLATION
In the following words of Chief Justice Hughes, spoken in a case which
was decided a few days after President Franklin D. Roosevelt's first
inauguration, the problem which confronted the new Administration was
clearly set forth: "When industry is grievously hurt, when producing
concerns fail, when unemployment mounts and communities dependent upon
profitable production are prostrated, the wells of commerce go
dry."[443]
THE NATIONAL INDUSTRIAL RECOVERY ACT
The initial effort of Congress to deal with this situation was embodied
in the National Industrial Recovery Act of June 16, 1933.[444] The
opening section of the act asserted the existence of "a national
emergency productive of widespread unemployment and disorganization of
industry which" burdened "interstate and foreign commerce," affected
"the public welfare," and undermined "the standards of living of the
American people." To effect the removal of these conditions the
President was authorized, upon the application of industrial or trade
groups, to approve "codes of fair competition," or to prescribe the same
in cases where such applications were not duly forthcoming. Among other
things such codes, of which eventually more than 700 were promulgated,
were required to lay down rules of fair dealing with customers and to
furnish labor certain guarantees respecting hours, wages and collective
bargaining. For the time being business and industry were to be
cartelized on a national scale.
THE SCHECHTER CASE
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account