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Thursday, December 16, 2004

[+/-]
 Roosevelt's 'New Deal': unconstitutional?

Check out what Adm Cohen writes about the legal assault on the New Deal:
We take for granted today the idea that Congress can adopt a national minimum wage or require safety standards in factories. That's because the Supreme Court, in modern times, has always held that it can.

But the court once had a far more limited view of Congress's power. In the early 1900's, justices routinely struck down laws protecting workers and discouraging child labor. The court reversed itself starting in 1937....

States' rights conservatives have always been nostalgic for the pre-1937 doctrines, which they have lately taken to calling the Constitution-in-Exile. They argue - at conferences like "Rolling Back the New Deal" and in papers like "Was the New Deal Constitutional?" - that Congress lacks the power to do things like forcing employers to participate in Social Security. Given how entrenched New Deal programs have become in more than half a century, these plans for reversing history have always seemed more than a bit quixotic.

But that may be about to change. The attacks on the post-1937 view of the Constitution are becoming more mainstream among Republicans."

5 Comments:

Blogger Dave S. said...

It's about time!

10:44 AM  
Blogger Electro said...

Explain to me one good thing that came from the "New Deal".

9:32 PM  
Blogger Nanovirus said...

Thanks for asking. The New Deal essentially ended poverty among the elderly. It helped to pull America out of the Great Depression without resorting to fascism, like many other depressed countries. If you want a local prespective, see here: http://newdeal.feri.org/carbonhill/index.htm.

1:10 PM  
Blogger Electro said...

WOW! there are no poor elderly people in the U.S. I am sorry, are you living in the year 2004 or are you transmitting from the future. And any Economist will tell you that WWII was what pulled the U.S. out of the Great depression. Try again!

2:08 PM  
Anonymous Anonymous said...

check out www.humanistleague.org
if you add link that would be great

5:55 PM  

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