LAW 5021 Lecture Notes - Lecture 3: Market Participant, Antonin Scalia, Consolidated Freightways
23 Feb 2017
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Structure of government: congress: commerce and the new deal. February 1937- fdr announces court-packing plan (for every judge over 70- a new. Fdr presented the plan as a response to the heavy workload of an aging court. A few weeks after- the supreme court decided jones and. Justice roberts (who voted new deal legislation in. Schechter poultry unconstitutional), upheld the laws in question-the switch in time that saved the nine: nrlb v. jones laughlin steel corp. (1937) The majority argues that it is a stream of commerce, but then court rejects this analysis (change in law). But it looks like manufacture a bit (e. c. Style of reasoning- realist- do not want to isolate social facts. But if we want to keep law, clearly it is interstate commerce- it is a big company with far-flying influence (it has its own railroad! Text of constitution remains, but what about the essence? (people were behind the change of essence).
